WHO SUES OVER $585 (no not 589)?

On May 3, 2018, a lawyer filed a putative class action against @Ripple and @bgarlinghouse because his client lost $585 trading #XRP.
👇
coindesk.com/markets/2018/0…
According to the Complaint, on January 6, 2018 this person bought 650 #XRP at $2.60 per #XRP for a total purchase price of $1,690. Twelve days later, he sold his 650 #XRP for $1.70 per #XRP - creating a loss totaling $585.
I’ve always been troubled regarding the timing of this putative class action filed against Ripple during the same period of time #Ether investors were secretly meeting the SEC asking for a regulatory free pass. The Perkins Coie Memo and Ether Safe Harbor is dated March 26, 2018.
Ether investors met on March 28, 2018 and again in April and in June. A putative class means a lawsuit brought by one or more individuals but also on behalf of a potential group of others similarly situated.
I’ve always been both curious and doubtful regarding this “potential class” of #XRPHolders. Would dozens; or hundreds; or thousands align themselves with this one plaintiff and assert the same claims against Ripple?
I remember the reaction of #XRPHolders when the SEC sued Ripple and how thousands of #XRPHolders immediately started tweeting that they did not rely on Ripple (or even know of Ripple) nor did they believe they entered into a common enterprise with Ripple, etc.
Over 63K #XRPHolders have joined in the fight against the SEC and are willing to to provide testimony that directly contradicts not only the SEC’s claims against Ripple but the claims made against Ripple in the pending class action lawsuit.
But filing suit over $585? This one plaintiff held #XRP for no more than 12 days. He didn’t have enough time to rely on any alleged promises or inducements by Ripple. Maybe he filed the case, not because of money, but out of principle? Nope.

His lawyer dismissed the case.
Sorta makes you think that if this one individual plaintiff only held #XRP for 12 days; only lost $585; the vast majority of #XRPHolders don’t support the case; and the case was thereafter voluntary dismissed; maybe, the case was filed for some other purpose?
After the first case was filed, a few others were filed. Although the first case was dismissed, the others have been consolidated (last I checked, a total of 6 are in the “class”). Although he dismissed the case he filed, I did notice the original lawyer is still involved? 🤔
I could point to a few coincidences between the lawyers and/or law firms involved and/ or their clients but I only to stick to facts that are incontrovertible, so I won’t.

Although I would like to know who wrote:

“saved by lawsuit”

& if they’re connected to…..👇

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More from @JohnEDeaton1

1 Jan
WRIT OF MANDAMUS - A One year later 🧵 -

A year ago today, I filed a rarely used legal action 🆚 the @SECGov - a Writ of Mandamus. Mandamus is a judicial remedy in the form of a Court order to any gov’t employee to do some specific act which he/she is obliged under law to do.
Like I said, its a legal remedy that’s not often sought. In fact, according to the DOJ website: “Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance.”
After reading the 79 page Complaint twice, I realized #XRP itself (ie today’s token) was being attacked by the SEC and I knew what that meant for innocent #XRPHolders. I believed this case was one of those “exceptional circumstances of peculiar emergency or public importance.”
Read 25 tweets
31 Dec 21
What makes the 2015 #FinCEN and @Ripple settlement even worse is that the SEC & FinCEN had entered into an agreement to share info w/ the other about companies investigated. In 2006 Chairman Cox said:“We are pleased to formalize our already strong working relationship w/ FinCEN.”
“The SEC and FinCEN will meet regularly as part of the agencies’ continuing efforts to improve anti-money laundering and anti-terrorist financing compliance.”

When Ripple settled, the SEC was well aware of the settlement & the details regarding XRP sales.
fincen.gov/news/news-rele…
Look at the details of the settlement.👇
“Any sale or transmission of XRP by Ripple or any of its subsidiaries shall be conducted only through an entity registered with FinCEN.”

SHALL & ONLY are are legally binding words. 👇

justice.gov/sites/default/…
Read 4 tweets
28 Dec 21
@JoeSquawk @andrewrsorkin @BeckyQuick
I know you’re aware that J. Clayton directed a lawsuit against @Ripple @bgarlinghouse & @chrislarsensf and alleged that the Token itself, #XRP, is a security. You’re aware of the mass exodus of the senior SEC staff behind the lawsuit.

1/7
2/7

You realize, if the @SECGov truly believes XRP is a security then every offer and sale is illegal and should be prevented. Why didn’t it seek an injunction to prevent Ripple, Brad or Chris from continuing to sell? Why didn’t it issue a cease & desist against the co-founder?
3/7

Are you aware that co-founder @JedMcCaleb has made over $2B dollars from sales of XRP - SINCE THE LAWSUIT WAS FILED?

That’s right: Jed has made more from sales of XRP in one year than what the SEC is seeking from the actual defendants in the lawsuit (the SEC seeks $1.3B).
Read 7 tweets
27 Dec 21
At a recent Congressional hearing @BrianBrooksUS testified “If I believe XRP is a security why don’t we allow it to be traded in the U.S.?”

It’s because the @SECGov ONLY allows accredited investors to buy unregistered securities.
“Accredited investors are allowed to buy and invest in unregistered securities as long as they satisfy at least one of the requirements mandated by the SEC. Of course, the requirements are based off income, net worth, asset size, governance status, or professional experience.”
“To be an accredited investor, a person must have an annual income exceeding 200K for the last two years with the expectation of earning the same or a higher income in the current years; or
Read 5 tweets
27 Dec 21
HOW Web3 & THE #ETHER FREE PASS WAS BORN:

Recently, @jack was blocked by @pmarca over Jack’s observation regarding the inherent interests of VCs related to Web3. What is Web3?

“Web3, much like other buzzwords you hear - Bitcoin, NFTs etc. - is based on blockchain technology.”
“As of now, most of it is based on the Ethereum blockchain. In fact, Ethereum co-founder Gavin Wood first coined the term Web3 in 2014. He now runs the Web3 foundation.” 👇
indiatoday.in/technology/fea…
Also in 2014, @gavofyork @VitalikButerin @ethereumJoseph @stevennerayoff and others orchestrated the World’s 🌎 first ICO (Ether). In 2017, Bill Hinman, as Director of Corporation Finance, arranged a meeting with Joe Lubin & @ConsenSys. That meeting took place December 13, 2017.
Read 25 tweets
22 Dec 21
A HOWEY TEST ANALYSIS 🧵:
ONE YEAR LATER

Does #XRP pass the Howey test?

In order to pass the Howey test and be considered an investment contract (aka security), 4 factors MUST be satisfied. If ALL FOUR factors are not met, the instrument or asset is NOT a security.
On the 1 year anniversary of the @SECGov lawsuit against #XRP, I offer an answer:

#XRP does not pass or satisfy the ​Howey​ test!

Before delving into the ​Howey ​analysis, #XRP is not an investment contract because there is no “contract” underlying the “investment contract.”
There’s not a single case in 76 years since Howey​ that has found an investment contract absent a contract or privity between the buyer and seller.
The vast majority of #XRP traded has occurred in the secondary market - independent of Ripple and w/ no privity to or w/ Ripple.
Read 25 tweets

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