#XRPCommunity#SEC_News v. #Ripple#XRP 1/5 What a convoluted and contradictory motion to quash. First, Hinman gives a pass to ETH in what is arguably the most impactful speech on digital currencies at the time as well as in Hinam’s career at the SEC.
2/5 Second, the SEC says Hinman held a position of “critical importance” to the SEC’s operations. Third, the SEC then says “Director Hinman Has No Unique, First-Hand Knowledge of Market Participants’ Understanding as to the Regulatory Status of XRP Offers and Sales.”
3/5 Fourth, the SEC shows its weakness, saying “the Court should quash the Subpoena without prejudice until after Judge Torres’s ruling on the SEC’s motion to strike Ripple’s fair notice defense. Finally, Hinman finishes it (and his credibility) off with the declaration that
4/5 “To the best of my knowledge, the Commission had not taken at that time, and still has not taken, any position or expressed a view as to whether offers and sales of Ether constituted offers and sales of securities."
5/5 I expect that Ripple and the Individual Defendants are going to absolutely shred this in their response to the SEC’s motion.
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1/4 #XRPCommunity#SEC_NEWS v. #Ripple#XRP The #SEC_NEWS has filed another objection to the Motion to Intervene. The SEC's mission statement is among other things to "protect investors." The SEC has argued from the beginning of this enforcement action that XRP is a security,
2/4 thereby arguing that XRP holders are actually XRP "investors." In its latest filing, it attacks XRP holders. It says "[b]ecause Movants are not seeking to appear as objective “friends of the court,” but rather to advance their own interests—to pursue claims against the SEC
3/4 —Defendants’ request that Movants appear as amici should be denied." Its clear that the SEC is antagonistic toward XRP holders and has no intention of protecting them or advancing XRP holders' interests. Which leads to only one conclusion:
1/10 This is what Coinbase said in its S-1/A (Registration statement) filed (2021-03-17) regarding its determinations whether a crypto asset is a “security.” I found It interesting and informative.
“We have policies and procedures to analyze whether each crypto asset that
2/10 we seek to facilitate trading on our platform could be deemed to be a “security” under applicable laws. Our policies and procedures do not constitute a legal standard, but rather represent our company-developed scoring model, which permits us to make a risk-based assessment
3/10 regarding the likelihood that a particular crypto asset could be deemed a “security” under applicable laws. Regardless of our conclusions, we could be subject to legal or regulatory action in the event the SEC, a foreign regulatory authority, or a court were to determine