First, let me say I agree with Jake. The number one concern for regulators should be protecting investors from fraud, misrepresentation, pump and dump schemes, and flat out scams.
The best thing the @SECGov can do is clean it’s own house and restore the public’s confidence. Over 63K #XRPHolders, w/ 2K non-#XRPHolders, seek an independent investigation into the gross appearances of impropriety and huge conflicts of interests regarding the case against XRP.
I recently started a petition for International #XRPHolders requesting the Financial Oversight Committees demand an investigation. In 2 weeks we already have 20K signatures.
Before anyone attempts to label me and my 65K friends conspiracy theorists, read the Grundfest letter.
I fought the SEC for 9 months pursuant to a FOIA request. I’ve attached it for your convenience. As you read the letter from former SEC Commissioner Joe Grundfest, you should be aware he’s one of the most respected commissioners in SEC history. 👇
👇 crypto-law.us/wp-content/upl…
He had fireside chats w/ Clayton. He teaches law at Stanford. Some may try to minimize his input b/c he’s an unpaid advisor to Ripple in the lawsuit. Yet he’s the perfect person to listen to b/c he served as an advisor for Ether investors and acted as their liaison w/the SEC.
Grundfest recognized XRP was traded openly and publicly for over 7 years and since no fraud was alleged, there existed no exigency to bring an immediate case. Grundfest observed all the senior leadership at the SEC (behind the filing of the case) was gone or leaving the SEC.
He stated the “mass exodus” raised “obvious concerns” considering it had NEVER occurred during the SEC’s history.
Something else never occurred as well. Grundfest stated the economic losses to innocent investors would be higher than in any other non-fraud case in SEC history.
He was right. Most telling, Grundfest stated if the SEC brought a case claiming XRP a security - while leaving ETH untouched - it would “call into question the commissions use of discretion.” In short, Grundfest, who helped Ether investors, questioned the motive behind the suit.
I 💯 agree regulators should focus on fraud and misrepresentation. Regardless of what anyone thinks of Ripple or @bgarlinghouse, after a 2 1/2 year investigation, the SEC didn’t allege a single count of fraud or misrepresentation.
Outstanding job @davidamichaels. Its not hyperbole to describe the @SECGov 🆚 @Ripple case as the most significant non-fraud enforcement action in modern history.
Please consider the following:
1) There’s no bigger topic in global trade & finance than digital currencies;
2) #XRP was the 3rd largest cryptocurrency in the world when this case was filed;
3) Hinman, Clayton, @HesterPeirce and others at the SEC, have all publicly stated the underlying token is NEVER the security, yet, in this case, the SEC argues #XRP itself is a security per se;
The SEC’s argument is the functional equivalent of arguing that the individual oranges 🍊 were securities in the seminal 1946 Supreme Court case of SEC 🆚 Howey. It’s an absurd argument violating 76 years of U.S. securities laws.
Kudos to @davidmicahels for tackling this case and recognizing the significant impact it could have on the SEC’s ability to regulate the crypto industry. What makes this case both very different and more dangerous than other cases is the @SECGov is attacking the token itself.
In previous cases, the SEC alleged specific sales during a specific time period constituted illegal security offerings. Here, the SEC claims that every transaction from 2013 until today - made by anyone - including secondary market sales independent of @Ripple - are all illegal.
B/c of the amazingly over broad allegations implicating retail holders of #XRP, over 64K #XRPHolders filed a motion to intervene asking to be sued as co-defendants - an extraordinary request. Recognizing the damage caused, Judge Torres granted #XRPHolders amicus status.
I’ve stated from the beginning, had the SEC charged @Ripple for specific sales of XRP during early years, I would’ve NEVER sued the SEC. But it did the opposite and even went further claiming today’s secondary market sales are also illegal. Yet, the @BlockchainAssn is quiet. Why?
To be fair, I haven’t reached out and asked for any help or assistance. Since others are questioning why some haven’t offered support, I can only speculate that its b/c I’ve called out and brought attention to the #ETH free pass. Which, if true, is both juvenile and shortsighted.
The SEC is claiming b/c Ripple was instrumental in creating a secondary market for #XRP, ALL #XRP are therefore securities. If successful, the same thing could be argued 🆚 @VitalikButerin@ethereumJoseph@ConsenSys etc.
One question I get asked every time I’m on a podcast or being interviewed, is to provide an estimate of how long the @SECGov 🆚 @Ripple case will take to resolve either by settlement or by judgement.
If you’ve watched those interviews, you know I placed a lot of emphasis on the 👩⚖️ Judge’s DPP ruling.
I said if the Judge pierced the deliberative process privilege and ordered the SEC internal documents produced, we could see a settlement w/in 90 days thereof.
I also said if the Judge 👩⚖️ rules the documents don’t have to be produced to Ripple, I believe the case will go to Summary Judgement; and, possibly, a jury verdict.
The judge gave a mixed ruling. The SEC’s big victory is that most of the documents DO NOT have to be produced.
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;
#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.”