WHY WON’T GARY GENSLER ADMIT TODAY’S #ETHEREUM IS
NOT A SECURITY?

A brief 🧵 providing the answer.

[hint: if you own #ETH, you won’t like the answer]
On April 23, 2018 @GaryGensler at MIT Business of Blockchain. 👇👇

Then-former CFTC Chairman Gary Gensler says there is not regulatory clarity in the digital asset markets, and “for @Ripple” & there “needs to be clarity in the market.”

Sounds like a decent fair notice argument!
But despite Gary Gensler declaring that there was no clarity in the market for #XRP or #ETH, he is coming after all of crypto. Why should #ETH holders be concerned? He was well aware of @ethereumJoseph, Chris Dixon, and the secret meetings with the @SECGov for an #ETH free pass.
In the video below, Gensler scoffs that

“a group of venture capitalists that went in to the SEC” and how “they’re sort of saying – believe us, we get you, we’re with you, SEC – but we have a bunch of clients who are going to evolve to be a consumable token …”

👇
Gensler says:

“I kind of don’t think this is going to work.”

He doesn’t think a token can start out as a security but later develop into something different. Those are the words of our current SEC Chairman. Maybe that’s why he still hasn’t read @HesterPeirce’s Safe Harbor.
In the👇 video, Gensler states:

“the market needs clarity” and that “the uncertainty as to whether #Ether is or is not a security… it could exist for months but at some point in time it is worthwhile to settle that down or have it fall into the courts.”

Listen yourself: 👇
Even if you hate @Ripple and dislike @bgarlinghouse or @chrislarsensf, you would be a fool to support the enforcement action against them if you believe in any other token other than #Bitcoin

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More from @JohnEDeaton1

10 Jan
CONNECT TO CONGRESS

My goal when I started CryptoLaw was to help the individual investor. That’s why late last year I launched Connect to Congress, to help retail holders make themselves heard. Now, I’m going to ask again that we speak up… a 🧵
(1/10)
(2/10)
Since launching Connect to Congress last October, over 11,000 messages have been sent to every sitting member of Congress… and many are responding. It is working. They are starting to pay attention.
(3/10)
I believe what we need now is a focused action to help get answers about the glaring improprieties by the SEC that we’ve uncovered together, and that I’ve laid out on CryptoLaw.
crypto-law.us/the-ethereum-f…
Read 10 tweets
7 Jan
ITS NOT ABOUT THE TOKEN ITSELF

On January 1, 2021, I sued the SEC. It was 9 days after the SEC sued @Ripple declaring #XRP - including #XRP traded in the secondary market - investment contracts w/ Ripple. I argued from the beginning the conflicts and appearances of impropriety.
From the start, I’ve argued it absolutely makes zero legal sense to give #ETH a free pass but claim #XRP are securities. I created @CryptoLawUS. Utilizing assistance from the #XRPCommunity, I created the video library at crypto-law.us/video-library/, providing the irrefutable proof.
But my efforts have NEVER been about attacking #ETH the token - the platform - or the technology. Today’s #XRP is NOT a security. Likewise, I don’t believe Today’s #ETH is a security. Some folks have criticized me for attacking #ETH. They argue I shouldn’t bring #ETH up at all.
Read 16 tweets
3 Jan
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.
Read 11 tweets
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

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