In the Pre-motion Letter to Judge Torres we state:
Today’s XRP is a Government Recognized Form of Currency and is Utilized
by XRP Holders Completely Independent of Ripple or its Executives
If allowed to intervene, XRP Holders will demonstrate to the Court that XRP is used
around the world and in the United States as currency. Six years ago, the Financial Crimes
Enforcement Network (“FinCEN”) entered into an agreement with Ripple that XRP would be considered virtual currency and its use would be registered exclusively with FinCEN, not the SEC.
Afterwards, foreign nations started agreeing with the U.S. Government’s 2015 currency
classification of XRP, and Japan, Switzerland, the U.K. and the UAE all declared XRP as non-
securities. Since that 2015 designation as virtual currency, the use cases of XRP have exploded.
The following are only a few examples of how XRP Holders utilize XRP without Ripple’s
knowledge or input:
XRP Holders use an Uphold XRP debit card to buy everyday items at Walmart, Amazon, and Target; XRP is accepted as a currency to pay for goods and services at
over a
thousand businesses; XRP is used to move money from the U.S. to Africa, Mexico,
Thailand, Brazil, the Philippines and all of Asia; XRP is used as payroll currency by multiple
companies; XRP Holders use their XRP as collateral for loans or to earn interest; the XRP ledger
(XRPL) hosts more than 5,000 different ledgers and all can transfer value between them utilizing XRP; XRP is used to purchase gold and silver online; XRP is used to purchase cars at
dealerships; and there are literally hundreds of developers utilizing XRP and the XRPL and
the vast majority of these developers have never had any contact with Ripple or its executives. XRP Holders’ interests in this action are not adequately represented by the existing parties and absent intervention the disposition of this case may impede their ability to protect
their interests. XRP Holders’ intervention is timely, will cause no delay and intervention will not
prejudice the exiting parties.
Obviously there are other things in our letter like the law as it exists to intervention, etc. But above is the conclusion.
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First, I already believed that #XRPHolders meet the legal standard to successfully intervene. If you objectively read the 4 page pre-motion
letter (or formal motion) it’s hard to deny that we meet the 4 factors for intervention (even the haters should struggle to say we don’t). That doesn’t mean we will win the motion. The SEC will likely say that we aren’t necessary in the case because its not claiming that the #XRP
that we hold are securities and will therefore try its best to keep us out of the case.
Based on what was said, by both sides, at this hearing, however, helps prove that #XRPHolders’ interests need to be represented during the prosecution of the case.
Judge Torres’ local rules requires a pre-motion letter before you file a formal motion. There are a few exceptions that allow you to skip the pre-motion letter and directly file the formal motion. One exception is when you believe that a delay might impede
your interests. I filed the formal motion arguing a that a delay might impede our interests.
Judge Torres dismissed the motion to intervene because she clearly disagreed that a delay would impede our interests. But she dismissed it WITHOUT prejudice and instructed me to refile
it in accordance with her local rules - meaning I needed to file the pre-motion letter first and let @Ripple and @SEC_News respond to the letter. The media and alleged legal experts rushed to say that our motion was quickly denied and we were
I’m sure dozens of critics and “legal experts” will comment on our motion to intervene in @SEC_Enforcement v. @Ripple and try to tear it down.
The Writ of Mandamus was always a long shot and could even be legally described as a Hail Mary. That’s not news.
Does that mean we don’t fight and try to win? Do we say to ourselves “the game’s over, I give up?” Or, do we say “I won’t quit until this game is over and throw the Hail Mary”?
Life and people will beat you down if you allow it. Trust me, I’ve been knocked down hard by life.
But there’s only one option: get up and fight back. I’ve always said that if you put me in a ring with @MikeTyson three things will definitely happen: 1) I will step forward; 2) I will get knocked the f** out; and 3) IF I wake up, on wobbly legs, I will try to step forward again.
Maybe they can find a few extravagant purchases and then Leak it to the press so people talk about that nonsense instead of the SEC acting like Big Brother. If they can paint Brad and Chris in a bad light then people might believe they deserve it all.
CRYPTOCURRENCY AND DIGITAL ASSET HOLDERS PLEASE BE ADVISED
Today, I am launching CryptoLaw (crypto-law.us) The new site is filled with information, news and analysis on key U.S. legal and regulatory developments for investors & digital asset holders.
Many of you
have asked me if there is anything that you can do to support my efforts. First and foremost, I truly appreciate everyone of you that have made such generous offers to assist me.
If you could please check out CryptoLaw above and follow us on Twitter at @CryptoLawUS it would
make a significant contribution in generating attention to our cause. We launched today because of the confirmation hearing of Gary Gensler tomorrow. There is very little communication between the Digital Asset Industry and the law-makers that govern the industry.