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.
4) If the SEC believed #XRP’s a security, why didn’t it seek a preliminary injunction to prevent Ripple’s ongoing sales? Since filing the lawsuit, Ripple has raised hundreds of millions of dollars from #XRP sales. Ripple can literally fund it’s defense w/ these “illegal” sales.
5) If the SEC truly believed #XRP’s a security and co-founder @chrislarsensf and CEO @bgarlinghouse used #XRP to enrich themselves, it would’ve issued a cease and desist to co-founder @JedMcCaleb who has sold $2.6 billion worth of #XRP since the lawsuit was filed.
6) When you consider the above, and then consider this lawsuit was filed in the manner in which was filed, it raises obvious concerns. The gross appearances of impropriety cannot easily be dismissed. Don’t take it from me - take it from Joe Grundfest.
👇 crypto-law.us/wp-content/upl…
After reading the Grundfest letter, read the 👇timeline. After the timeline, please visit the video library at Crypto-Law.us and watch and listen to the unchallenged evidence that a decentralized #XRP community put together. This story is just starting to be told.👇
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.
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.”