The SEC claims that today’s #XRP including the #XRP traded in the secondary market are all investment contracts with Ripple. 👇👇👇
Does the SEC truly believe that all #XRP are securities - even the XRP sold by exchanges independent of Ripple?
If it truly believed all #XRP are securities, why didn’t the SEC order @JedMcCaleb to cease and desist from selling his billions of #XRP?
Why didn’t it seek a preliminary injunction to stop Ripple from selling any of its billions of escrowed #XRP?
If all #XRP are securities - as alleged by the SEC - why didn’t it attempt to stop anyone who was paid millions or billions in XRP from selling once the case was filed?
The SEC seeks $1.3 billion while claiming that Larsen and Garlinghouse enriched themselves by not making the proper disclosures. Yet, the co-founder of the same company has been allowed to sell over $2 billion dollars worth of #XRP SINCE THE CASE WAS FILED!
After a 30 month investigation into Ripple, Garlinghouse and Larsen, the SEC couldn’t find one instance of fraud, market manipulation or misrepresentation. That, likely, also means that Jed McCaleb hasn’t done anything fraudulent. If he had, it would likely be part of the case.
I have nothing against Jed McCaleb nor do I believe he has done anything wrong by selling his #XRP. It’s his property and he can legally do with it how he sees fit.
I bring up his $2 billion in sales since the lawsuit only to show how ridiculously inconsistent the SEC is.
I’m not capable of looking up Jed or any other sales of #XRP or making those calculations. I asked @LeoHadjiloizou to calculate the sales for me. He graciously agreed and he has produced a video demonstrating how he calculated the transactions. See 👇👇
My focus is on the outrageous claims made by the SEC and how these absurd and inconsistent claims are hurting individual #XRPHolders, the vast majority of whom use the underlying technology for non-investment reasons. The SEC doesn’t even have jurisdiction over non-investment use
A small percentage of #XRPHolders hold #XRP in a retirement account through @iTrustCapital. These #XRPHolders can’t sell, trade or convert their #XRP. It’s been frozen b/c of the overboard allegations related to the Token #XRP itself. The Howey Court never said 🍊were securities.
In #Telegram, the Court declared the digital asset itself IS NEVER the security. But, for some reason, the SEC is intentionally choosing to ignore legal precedent. In the meantime, billions of XRP can be sold by some while the individual holder is literally left holding the bag.
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THE SEC CLAIMS THAT NO SIGNIFICANT NON-INVESTMENT USE EXISTS FOR #XRP.
What about the thousands of #XRPHolders who acquire the minimal amount of XRP to utilize the #XRPL and the DEX to purchase #CSC or other tokens? Or the thousands that utilize it as a bridge / transfer asset?
THE SEC MAKES THE ABSURD CLAIM THAT #XRPHOLDERS ENTERED INTO A COMMON ENTERPRISE NOT ONLY WITH RIPPLE BUT ALSO WITH ALL OTHER #XRPHOLDERS.
For those of you who think I’m making this 💩 up, read for yourself what the SEC alleges: 👇👇👇
THE SEC CLAIMS ALL #XRP ARE UNREGISTERED SECURITIES.
Here is proof from the Complaint itself, filed by the SEC👇
#XRPHOLDERS SUED THE SEC ASKING IT TO AMEND THE COMPLAINT AND ONLY ALLEGE #XRP IS A SECURITY WHEN @Ripple SELLS #XRP.
#XRPHolders argued that the SEC could not in good faith claim that the #XRP traded in the secondary market, completely independent of Ripple, were securities.
BUT THE SEC REFUSED.
Incredibly, the SEC argues ALL #XRP are investment contracts with Ripple.
“The XRP traded, even in the secondary market, is the embodiment of those facts, circumstances, promises and expectations, and today represent that investment contract.” 👇👇👇
Remember when @ethereumJoseph tried to argue @Ripple and #XRP weren’t competitors to #Ether? That was a definite signal that #XRP was, in fact, viewed as a threat. In 2018, when Lubin made that assertion, #XRP was battling #Ether for the #2 spot behind #Bitcoin
I don’t represent @Ripple. I do represent, however, 58K #XRPHolders and calling #XRP a “useless token” is both idiotic and untrue. Having that much animus against #XRP AFTER #Ether was given a regulatory free pass nonetheless proves #XRP was and still is perceived as a threat.
@CGasparino’s tweet below👇 is part of the #Ether free pass timeline. It was Andrew Keys who slipped up and told Gasparino that the Brooklyn Project’s efforts were approved by the SEC. One would assume a free pass would generate more grace and confidence in those who benefited.
“If that test be satisfied, it is immaterial whether the enterprise is speculative or non-speculative or whether there is a sale of property with or without intrinsic value.”
Why does the SEC focus so much on the underlying asset? Anything can be “schemed”, packaged and marketed as an investment contact aka security.
The Orange Groves or the 🍊 weren’t the securities. The SEC also keeps arguing that the only utility for #XRP is speculation.
Hinman never explained exactly what about Ether’s “decentralized structure” caused sales of Ether to fall outside the U.S. securities laws. Its
3 1/2 years later and market participants and investors still don’t know how to define “sufficient decentralization.”
@Ripple fought hard to get any evidence related to the SEC’s analysis of Ether, #Bitcoin and XRP.
If Ripple can show the #XRPLedger is equal or more decentralized than the Ether Network, Ripple could win based on fair notice.
Mar. 23, 2017: Clayton agrees to recuse himself from voting on any matter related to his law firm’s (Sullivan & Cromwell) clients;
Nov. 30, 2017: Lubin & Consensys announce the Brooklyn Project
Dec. 13, 2017: Hinman has a meeting w/ Lubin & Consensys and lawyers from Sullivan & Cromwell (Clayton’s law firm);
Dec. 14, 2017:
Matt Corva of Consensys (along w/ lawyers from Sullivan & Cromwell) state that they are building an alliance with the SEC;
Jan. 25, 2018: Clayton meets with Andreesen & Horowitz and instructs them to put together a group and write up a memo. Perkins Coie, a member of the EEA, leads this group of Ether investors;
Mar. 12, 2018: @bgarlinghouse speaks publicly about Ripple using #XRP to replace SWIFT;