CLAYTON’S @WSJ OP-ED IS SIMPLY UNBELIEVABLE

Clayton’s audacity is truly staggering. 🥴 As you read his @WSJ article consider the following:

1) Senator @MikeCrapo wrote a letter to both the OCC and to Clayton, while at the @SECGov, seeking clarity regarding Crypto PAYMENTS!
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.
This article was published stating that cryptocurrency is at the forefront of not just finance but even NATIONAL SECURITY (what Clayton is now claiming).

4) The article stated the U.S. Intelligence Community was raising
concerns about the CCP influence over digital currencies.
The article was concerned about the CCP’s influence - AT THE SEC - under Clayton.

5) The Director of National Intelligence, John Ratcliffe, wrote a letter directed AT CLAYTON in EARLY NOV. 2020 stating “crypto & CBDCs are all being drawn into a multi-front global competition.”
He wrote that the competition was “against
Beijing for leadership of the world’s economy.”

Ratcliffe informed Clayton that industry leaders are worried that China was leaving the U.S. behind in the digital-currency race.
Ratcliffe pointed to concerns of the Intelligence Community over China’s sway over digital currencies because more than half of the world’s mining was located in China. He warned Clayton that the Chinese Government had created its own state-controlled digital currency.
Ratcliffe warned Clayton that China’s state controlled digital Yuan would make it tough for the U.S. based companies and innovators to compete. He offered to have intelligence officers brief Clayton on the issue.
6) Although Clayton is now writing an op-ed in the WSJ on the issue, he didn’t even personally respond to the Ratcliffe letter regarding the same concern. Instead, an SEC Spokesperson responded and said the following:
“Chairman Clayton is committed to restoring innovation in the Digital Assets and digital payments space consistent with US investor protection and anti-money laundering laws.”

How familiar does that sound? It’s as if @GaryGensler responded to the letter himself - today.
But why would Clayton and the SEC respond this way? Anti-money laundering? Really?
This was an unusually generic response to claims that the SEC was HELPING China win the blockchain crypto revolution! Clayton’s loyalty and patriotism was being questioned and he had no comment.
Also, sound familiar? His integrity and ethics have recently been questioned and he tells @BeckyQuick @andrewrsorkin @JoeSquawk @EleanorTerrett and @CGasparino,

“No comment.”

He claims he won’t comment on pending litigation. No case prevents anyone from defending his honor.
The Washington Examiner found this letter by the nation’s Top Spy Chief to signal a push to convince Clayton and the SEC to make it easier for U.S. owned
crypto companies to compete against those based in and controlled by China.
Ripple’s GC, @s_alderoty, was interviewed and discussed China’s influence over digital currencies. He said “the data doesn’t lie; the vast majority of #BTC’s network and infrastructure - chips, mining pools and software, are all located in China or created by Chinese companies.”
Alderoty continued:

“This is not decentralization. The CCP wields absolute control in China.”

Ripple’s GC’s remarks to The Examiner were extremely critical of Clayton.
Alderoty wrote in August 2020 that “the Chinese Gov’t subsidizes the vast amounts of energy needed to fuel #BTC and #ETH miners.” He stated that “65% of #Bitcoin mining is concentrated in China.”
Ripple’s GC publicly questioned whether the SEC and Clayton were really willing to allow China to win this new technological and economic Cold War and allow China to dictate important parts of a new global economic system.
The Examiner’s article concluded by taking a direct shot at Clayton. A Senior Intelligence officer told the Washington Examiner that:

“competing with China is a
serious enough challenge without U.S. Regulators GETTING IN THE WAY.”

Clayton is now making the same argument. 🤦
7) Senator @TomCottonAR sent Clayton a letter in July 2020 AFTER he sent his first letter to Clayton in December 2018. In both letters, Senator Cotton addresses digital currencies to ensure U.S. companies (ie Ripple) have a chance to compete.
Cotton’s second letter included Director Ratcliffe and White House NSA O’Brien and criticized how:

“So far, the SEC has concluded that only Chinese controlled #BTC & #ETH can be considered non-securities.”
Senator Cotton was making the same argument that Ripple and its executives were making for over two years prior to Cotton’s letter. That argument was that the SEC provided clarity for only #BTC & #ETH, but NOT #XRP.
Ripple’s argument that the SEC was favoring China over the U.S. was made by Congress, the NSA, the Media and at least two U.S. Senators.
And they all were directing their criticisms to one agency and its Chairman - Jay Clayton.
8) @HesterPeirce was also pleading w/ Clayton and her fellow Commissioners to help foster innovation by adopting a Safe Harbor for innovators. Crypto-Mom was calling for clarity and a Safe Harbor when Clayton had the three votes needed to enact it (him, Hester, and Elad Roisman).
9) Former SEC Chief Joseph Grundfest also pleaded with Clayton to do the right thing. Many are aware that Grundfest warned Clayton not to file the case against Ripple and #XRP because of the foreseeable devastating consequences, but he warned Clayton about so much more.
In addition to the billions in losses to innocent XRP holders, he wrote:

“National security considerations are also at stake.”

Clayton NOW argues national security concerns related to a regulatory approach.

Maybe he re-read all those letters sent to him when he was Chairman.

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More from @JohnEDeaton1

16 Dec
WHISTLEBLOWER ALERT 💥💥🧨:

@SundaySaucy deserves💰

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.”
Read 6 tweets
12 Dec
DEPOSITION TESTIMONY OF BILL HINMAN:

Q. Did you direct Ms. Starr to contact
Mr. Lubin to set up a meeting with the division of
corporate finance?

A. I don't remember doing that. It's
possible, but I don't have a specific recollection
of asking her to do that.
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?
Read 5 tweets
12 Dec
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.
Read 5 tweets
12 Dec
Letter from Clayton to Congressman Ted Budd:

“Your letter also asks whether I agree with certain statements concerning digital tokens in Director Hinman's June 2018 speech.
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,
Read 4 tweets
10 Dec
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.
Read 17 tweets
7 Dec
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.
Read 10 tweets

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