I think Bill Hinman could’ve used some legal advice before signing the Sworn Declaration filed by @SECGov. If his speech reflected ONLY his personal opinion and was not guidance by the SEC, he is in violation of Title 5👇
“The Speech was intended to express my own personal views. 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.” 👇👇
You can’t use public office for private gain:
“An employee shall not use his public office for his own private gain, for the endorsement of any product, service or ENTERPRISE, or for the private gain of friends, relatives, or persons with whom the employee is affiliated.”
His firm was a member of the Enterprise Ethereum Alliance.“The EEA is a member-led industry organization whose objective is to drive the use of Enterprise Ethereum and Mainnet Ethereum blockchain technology as an open-standard to empower ALL enterprises.”👇entethalliance.org/about/
Hinman collected $15 million while at the SEC. He claims it was “retirement benefits.” But he “un-retired” immediately going back to SImpson Thacher after leaving the SEC. Even if it was strictly retirement benefits, his speech benefited his firm and it’s clients.
If the law has always been crystal clear as Clayton and @GaryGensler claim, then there was no reason for Hinman to give the speech declaring Ether a non-security.
The SEC claims his speech had nothing to do with SEC guidance to the markets. Hinman might want to seek counsel.
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Senator Crapo stated that the different government agencies needed clear rules that do not stifle American innovation.
2) Weeks prior to the SEC enforcement action against @Ripple, several U.S. Congressmen wrote a letter to the SEC asking for regulatory clarity.
3) The Washington Examiner
publicized an INVESTIGATIVE piece on the issue of the United States losing the Blockchain technology war to China because of enormous uncertainty and because Clayton and the SEC refused to provide the necessary clarity.
Q. If you'd take a look at the Bates No. 446
of Exhibit 14.
A. 446? Yeah.
Q. Did you have an understanding in advance
of the December 13th meeting with ConsenSys as to
what specific issues involving blockchain tokens
and securities regulations they wanted to address?
A. No, I don't have a recollection of a
specific set of topics.
Q. This may be an unfair question, but I'm going to ask it. Do you have any recollection of
clicking on the links to these e-mails or reviewing the documents that are associated with these links?
The judge specifically ruled #Bitcoin#Ether and #XRP internal documents relevant for two reasons: 1) the Court’s Howey analysis of #XRP: and, 2) Ripple’s fair notice defense. If the Court or a jury concludes #XRP is substantially similar to #BTC or #ETH, fair notice could win.
To fight the fair notice defense, the SEC makes the silly argument that Hinman’s speech was only his personal opinion - no matter how absurd and far from the truth it is. They’re making this absurd argument because they are banking on the internal documents being privileged.
There’s an internal memo analyzing #XRP, dated June 13, 2018 - one day before the Hinman Ether free pass speech. I’m speculating, but I predict the #XRP Memo helps Ripple. The judge has twice ruled these documents relevant and must be produced subject to any privilege claims.
I agree that the analysis of whether a digital asset is offered or sold as a security is not static and does not strictly inhere to the instrument. A digital asset may be offered and sold initially as a security because it meets the definition of an investment contract,
but that designation may change over time if the digital asset later is offered and sold in such a way that it will no longer meet that definition. I agree with Director Hinman’s explanation of how a digital asset transaction may no longer represent an investment contract if,
Imagine a well respected former SEC Commissioner who acted as a liaison between the @SECGov and #Ether investors. Imagine this Commissioner being instrumental with #Ether investors communicating with the SEC, helping it understand the underlying blockchain technology and network.
Imagine this former SEC Commissioner becoming very familiar with the #Ether Token and Network. Imagine the assistance provided by this former SEC Commissioner and securities law expert (and Stanford Law Professor) helped, in part, lead Hinman to give his #Ether Free Pass Speech.
Imagine 18 months later this former SEC Commissioner learns his colleague, Jay Clayton, is contemplating filing an enforcement action against @Ripple and #XRP, as Clayton and other senior officials are leaving the SEC forever.
HOW A COUPLE RULINGS AND A BULL MARKET 📈 COULD TRANSFORM #XRP INTO THE ONLY ALTCOIN WITH CLARITY
There’s a way for the @Ripple case to end and all parties win. It requires two things: 1) favorable rulings for Ripple on fair notice & on the deliberative process privilege; and,
2) an Altcoin Bull Market 📈 causing #XRP to surpass its all time high (for example, hitting $5 dollars or higher).
Ripple owns over 50 billion #XRP. A $5 XRP equals Ripple being worth $250 billion dollars - significantly more valuable than @MorganStanley or @GoldmanSachs.
If Judge Torres denies the SEC’s motion to strike the Fair Notice Defense and Judge Netburn overrules the SEC’s claim that the #BTC#ETH & #XRP documents are privileged, @GaryGensler and the SEC could be facing a very significant precedent setting loss with huge implications.