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John E Deaton Profile picture
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3 Sep, 4 tweets, 5 min read
In the Hinman deposition it is mentioned that attorney Brian Rabbit was present at a meeting between Hinman & Clayton and @bgarlinghouse and @JoelKatz.

Attorney Rabbit was Senior Policy Advisor to Chairman Clayton at the time. Meet Brian Rabbit 👇
jonesday.com/en/lawyers/r/b…
Attorney Rabbit was at this meeting wherein Brad Garlinghouse informs Clayton that @Ripple was living in “purgatory” because of the lack of clarity regarding whether #XRP is or is not a security. Of course, Clayton never responded back to Garlinghouse that #XRP is a security.
The only thing more ridiculous than the @SECGov claiming today’s #XRP is a security is the @SECGov’s argument that the Hinman speech was only his personal opinion and not meant to be guidance by the #SEC.

@digitalassetbuy found Brian Jackson discussing the Hinman speech.
I thought I would look up this Brian Rabbit since he was a Senior Advisor to Clayton and met with @JoelKatz and @bgarlinghouse.

What does Attorney Rabbit say about how the @SECGov provides guidance to market participants:

Through speeches!
Yet, the SEC claims otherwise.🤥

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More from @JohnEDeaton1

John E Deaton Profile picture
11 Sep
WHO REVIEWED & HELPED WRITE THE HINMAN SPEECH?

Who was on the 63 emails that included a draft of the speech?

Where is Hinman’s public calendar?

Who purchased large quantities of #Ether between December 2017 to June 13, 2018?

$10k in #ETH ICO = a net worth more @GaryGensler👇
@ethereumJoseph received 9.5% of #ETH as a co-founder.

Everyone knows @VitalikButerin and Lubin held an ICO through crowdfunding which was without a doubt an unregistered securities offering.

Where was @SECGov?

Where is outrage from those that attack @Ripple & #XRP?
One River bet $1 billion on #BTC and #Ether in October 2020. Two months later on his last day at the @SECGov, Clayton directs the enforcement action against @Ripple and #XRP. Twelve weeks later, Clayton joins One River.

Clayton’s law firm represented Lubin and #Consensys.
Read 25 tweets
John E Deaton Profile picture
3 Sep
Consider the following:

Clayton and Hinman worked closely together before the @SECGov. Clayton brings Hinman on board to join him and the #SEC.

Joe Lubin @ethereumJoseph is co-founder of #Ether and founder of #Consensys.

Clayton’s law firm represented Lubin and #Consensys.
Hinman’s law firm was on the Board of the #EtherAlliance and represented clients involved with the #Ethereum Foundation.

Hinman met with Lubin and Consensys prior to his June 14, 2018 #BTC and #Ether are not securities speech.

Lubin was part of the Hinman speech conference.
In October 2020 One River makes a $1 billion bet on #BTC & #Ether.

2 months later on his last day at the SEC Clayton directed the filing of the enforcement action against @Ripple @bgarlinghouse & @chrislarsensf asserting the ridiculous claim that even Today’s #XRP is a security
Read 7 tweets
John E Deaton Profile picture
2 Sep
@digitalassetbuy and #XRPCommunity add this to the mounting evidence regarding conflicts of interest and self-dealing.

It appears Hinman sent his speech to only one commissioner - Jay Clayton.

Why wouldn’t he get input from #CryptoMom @HesterPeirce?

[see Hinman testimony]👇
He said he didn’t “feel the input was worth the extra delay.”

He didn’t seek input from the commissioner who arguably is the most interested and most familiar with the digital asset space and who recommended a Safe Harbor provision for the asset class? Yea, makes perfect sense.
We already know that Hinman’s law firm Simpson Thatcher was on the Board of the #EthereumAlliance.

And now from the testimony above we know which law firm represented Joe Lubin and Consensys during all this suspicious activity:

Jay Clayton’s law firm, Sullivan & Cromwell. Wow!
Read 4 tweets
John E Deaton Profile picture
26 Aug
This is significant evidence in @SECGov 🆚 @Ripple & and even more significant evidence in #XRPHolders 🆚 @SECGov.

@CRYPTOcounselo2 does a great job summarizing the relevant statements and admissions contained in the video shared. Read the thread.

Some additional thoughts:
Amy Starr is likely one of the fact witnesses from the #SEC that #Ripple elected to depose in addition to William Hinman.

Her name was brought up in the Hinman deposition. See pic 👇

In the Consensus 2019 video Amy states “we have people that really understand the technology.”
Amy Starr states that at the #SEC “we developed an expertise” in blockchain technology and that at the #SEC “we participate internationally.”

Why is this all significant? One, #XRP was internationally recognized as a non-security!

Two, the #SEC was an expert and understood
Read 15 tweets
John E Deaton Profile picture
22 Aug
A @SECGov 🆚 @Ripple 🧵

For the first time ever in a non-ICO case, the @SECGov is asserting that the digital asset itself - #XRP - is a security.

That absurd argument not only violates common sense but it’s in direct contradiction of over 70 years of case law and precedent.
In the #Howey case in 1946, there were two contracts in play between the investors and the W.J. Howey Co:

(1) a purchase and sale contract for the Orange 🍊 Groves;

(2) the investors signed a service contract hiring Howey to handle everything (from planting thru selling).
The Supreme Court found that the entire “scheme” taken together constituted a securities offering.

The Supreme Court NEVER said or implied that the oranges 🍊 were securities.

73 years later in 2019, the SDNY handed down the #Telegram case.

Telegram was a typical ICO case.
Read 16 tweets
John E Deaton Profile picture
17 Jul
One reason of many why the Hinman Deposition is a BIG DEAL:

Excerpt of Hinman Speech:

“And putting aside the fundraising that accompanied the creation of Ether, based on my understanding of the present state of Ether, the Ethereum network and its decentralized structure,
current offers and sales of Ether are not securities transactions.”

Hinman met with a founder of #Ethereum 1 week before the speech and again afterwards.

1) Putting aside the fundraising is a BIG ASIDE;

2) What did the founder say that helped form his “understanding”;
3) @Ripple’s lawyers will have him walk through his “understanding” of decentralization;

4) have him admit he communicated his understanding to market participants which created the standard within the market;

5) show that #XRP’s decentralization meets that understanding; and
Read 4 tweets

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