#XRPHolders shouldn’t allow detractors to create and push a sour grapes narrative. Under the law, selective enforcement claims do not win and are not very persuasive. Just b/c #ETH got a free pass related to it’s ICO, doesn’t make #XRP a non-security.
Just b/c an argument can be made that, today, the #XRPL is more decentralized than the #Ether network - doesn’t mean #XRP isn’t a security. I watch #XRP or @Ripple detractors attempting to create the sour grapes narrative.
When someone asks me why today’s #XRP is not a security, I do not discuss or bring up #Ether in the answer.

What our opponents are attempting to do is dismiss our argument as “you’re upset b/c someone else broke the law and didn’t get sued.”
Although I’m pushing for an investigation into the gross appearances of impropriety and the conflicts of interests related to Hinman, Clayton, Berger, and others, it is not my goal for the SEC to go after #Ether or any other crypto project.
Although some #XRP or Ripple haters celebrated the SEC’s enforcement action against #XRP, I will not celebrate the SEC going after any crypto. Outside the ICO scenario, I don’t believe the SEC is the proper agency to regulate and oversee the existing digital asset space.
I realize many people are outraged and appalled by certain individuals associated with the free pass, but I refuse to fall into the divide and conquer trap set by the SEC. What we want is an independent investigation - not the SEC going after #Ether.
Do you know how easy it would be for SEC to negotiate a deal w/ the #Ether founders and enter into a consent judgment wherein the founders agree to pay a fine for the $18 million they claim was raised by the ICO? Gensler could then claim he was an even handed “👮‍♀️ on the beat.”
Although I wrote the Ether Free Pass Memo and I’ve been outspoken about the gross appearances of impropriety, I don’t want the SEC going after Ethereum or any other crypto. This is a war against regulatory overreach and government intrusion over property rights, not other tokens.

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More from @JohnEDeaton1

Jan 23
ABSOLUTE, CONCLUSIVE & IRREFUTABLE PROOF!

Bill Hinman intentionally misled the public as Director of Corporation Finance while at the @SECGov.

Watch the 4 min @CNBC clip👇 and then read the brief 🧵 that follows.

On Dec. 13, 2017, Hinman had a meeting w/ @ethereumJoseph & @ConsenSys and lawyers from Sullivan & Cromwell (Clayton’s law firm);

The next day, Dec. 14, 2017,
@MattCorva of Consensys (w/ lawyers from Sullivan & Cromwell) stated that they were building an alliance with the SEC;
Six weeks later, on Jan. 25, 2018, Clayton meets with Chris Dixon and Andreesen & Horowitz of @a16z and instructs him to put together a group w/in the industry and write up a memo. Perkins Coie, a member of the Enterprise Ethereum Alliance, led this group of #Ether investors;
Read 8 tweets
Jan 19
@EleanorTerrett and I were discussing the Judge’s ruling today
b/c, as usual, her and @CGasparino seem to be the only journalists recognizing the magnitude of this case on the overall Digital Asset space. I re-read the decision and here are my final takeaways:
The June 13, 2018 legal memorandum 📝 regarding whether #XRP is a security (conducted by SEC legal staff) IS PRIVILEGED and will NOT be turned over.

But the Judge noted that the legal staff members who wrote this analysis:

“did not present a recommendation to the SEC.”
This finding is VERY significant. This means that after the SEC’s legal analysis, as of June 13, 2018, they did not recommend bringing an enforcement action against @Ripple @bgarlinghouse or @chrislarsensf regarding #XRP as a security.
Read 18 tweets
Jan 19
TO MY INTERNATIONAL #XRPHOLDERS:

I am proud to announce @CryptoLawUS’s International Connect to Congress Call for Action.

As promised, we have activated an option for international holders to connect to the U.S. Congress.
It is a Petition to the four key members who can open an investigation.

change.org/CryptoLaw-Intl…

I ask that only international holders use this petition option, and U.S. holders keep using the Connect to Congress app. This will maximize the power of both, and not dilute either.
This will be a Petition to the Banking Committee’s Leadership @SenSherrodBrown (D-OH) and @SenToomey (R-PA), and Representatives @RepMaxineWaters (D-CA) and @PatrickMcHenry (R-NC).
Read 10 tweets
Jan 18
PROOF TODAY’S #XRP FAILS THE HOWEY TEST

1) an investment;
2) in a common enterprise;
3) with a reasonable expectation of profits;
4) from the efforts of others.

#XRPHolders use the token itself to stake #XRP for interest (profit) or as collateral for a fiat loan.

Factor #4 👎
If you acquired #XRP for non-investment reasons factors 1 & 2 are not satisfied. Time magazine accepts #XRP along with thousands of content or service providers (merchants, coil, tips). Non-profits accept #XRP as donations. Employees & Businesses use #XRP as payroll currency.
I know of #XRPHolders who acquired the minimum amount of XRP just to establish the trust line to send money abroad utilizing the #XRPLedger or the DEX. Their intent was to utilize XRP as a tool for its utility - as a bridge or transfer asset.

The token itself is not a security!
Read 4 tweets
Jan 17
Many people, like Ian, believe @Ripple violated securities laws and should be sued by the SEC accordingly. Some believe that just b/c #Ether investors violated the law doesn’t excuse Ripple from it’s wrongdoing. Regardless of whether you agree, this is not an unreasonable stance.
What is unreasonable is the SEC abandoning all truth and law and arguing absurdly:

“the very nature of XRP in the market”

&

“the nature of XRP itself”

make all #XRP securities. Note the quotations. This language is directly from the Complaint filed against Ripple and #XRP.👇
Some people don’t know or refuse to accept that the @SECGov could’ve easily sued @Ripple @bgarlinghouse and @chrislarsensf to enforce securities laws w/o devastating #XRPHolders and making a complete mockery of 76 years of legal precedent while destroying the SEC’s credibility.
Read 25 tweets
Jan 16
WHY DID THE @SECGov CHOOSE #XRP?🧵

If the SEC wanted to pick a top 10 Token to go after why would it choose the much more difficult case?

There’s a legitimate debate over whether today’s #ETH or #XRP (the networks - not token ownership) are more “sufficiently decentralized?”
But when applying securities laws to fundraising, there’s no debate over which is the easier case to prove. Ether held a pure ICO. Both Clayton and Gensler are on record stating they’ve never seen an ICO that wasn’t a security. @Ripple sold stock to VCs then sold XRP, but no ICO.
I said months ago that a monkey 🐒 could prove #Ether started out as an illegal securities offering. All you need to do is play video clips of the people responsible for the offering. @stevennerayoff has described himself as the architect behind the #ETH fundraising. Listen 👂👇
Read 37 tweets

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