That’s the question being asked by SIXTY-FIVE THOUSAND #XRPHolders who have joined together to NOT allow the SEC or Ripple to speak for them.
As amicus curiae, we intend to speak for ourselves.
65K #XRPHolders from 60 different countries across the globe 🌏 and the United States 🇺🇸 have come together to dispute the claims being made regarding the Digital Asset #XRP. I’ve literally been in contact with thousands of #XRPHolders who refute the allegations made by the SEC.
Here are the facts and the truth being ignored by the SEC and the lawyers involved in the case:
1) the majority of first time #XRPPurchasers were actually unaware of a company called Ripple and it’s use of #XRP;
2) most first time purchasers of #XRP were aware of the Ripple name b/c the name Ripple was used interchangeably with #XRP for many years - but that doesn’t make a person aware of the actual company called Ripple and its use and/or promotion of #XRP;
3) considering the majority of first time purchasers were unaware of the company Ripple, it is impossible to rely on the promises or inducements of Ripple;
4) it is impossible to enter into a common enterprise with a company or promoter that you don’t know exists;
5) tens of thousands of the 65K #XRPHolders granted amicus, were aware of the company Ripple and how it sold software to banks offering a product (ODL) utilized for cross border payments;
6) tens of thousands of the 65K #XRPHolders granted amicus and aware of the company Ripple, were also aware that many other companies and developers were also building products incorporating #XRP and the #XRPLedger;
7) regardless of whether there’s knowledge regarding the company Ripple, 65K #XRPHolders granted amicus affirm that when they acquired #XRP they did not rely on any statements, promises, or inducements from the company Ripple, it’s executives, or affiliates;
8) regardless of whether there’s knowledge regarding the company Ripple, the 65K #XRPHolders granted amicus, affirm that when they acquired #XRP they did not believe they were acquiring a legal or financial interest in the company Ripple;
9) the 65K #XRPHolders granted amicus, affirm when they acquired #XRP they were not relying on the efforts of the company Ripple or it’s management team for any purpose;
10) the 65K #XRPHolders granted amicus, affirm they acquired #XRP b/c of its superior technology related to other digital assets (ie superior transaction speed, minimal costs, and/or low energy consumption);
11) thousands of the 65K #XRPHolders granted amicus, affirm they acquired #XRP b/c it was a top 10 cryptocurrency by market cap and listed at a much lower entry price compared to other large market cap tokens;
12) thousands of the 65K #XRPHolders granted amicus acquired #XRP for non-investment reasons, such as, use as a form of currency for payment for goods or services and as a substitute for fiat currency, utilized as a store of value, or to purchase everyday items like🍱 & ⛽️.
13) thousands of the 65K #XRPHolders granted amicus acquired #XRP as a substitute for fiat and utilize #XRP debit cards 💳 via @UpholdInc, @_GlobaliD, or others;
14) thousands of the 65K #XRPHolders granted amicus are users of the #XRPL and acquired #XRP in order to utilize the #XRPL b/c of its transaction speed, low costs or minimal energy consumption;
15) thousands of the 65K #XRPHolders granted amicus acquired #XRP for its utility - not for investment - but to transfer other digital assets or currencies or send value utilizing the #XRPL b/c tokens like #BTC & #ETH are too slow & expensive to use as a bridge or transfer asset;
16) thousands of the 65K #XRPHolders granted amicus also acquired #XRP in order to utilize the decentralized exchange (DEX) built w/in the #XRPL - thus allowing the trading of other assets and tokens built or traded on the DEX (#CSC, #LOX, #XRDoge, #RPR, fiat currencies, etc);
17) hundreds of the 65K #XRPHolders granted amicus are developers of a product or application with the intention of utilizing the Digital Asset #XRP and the #XRPL;
18) tens of thousands of the 65K #XRPHolders granted amicus use their #XRP as collateral for financing or they stake their #XRP on trading platforms such as @Nexo, @CelsiusNetwork, or #Bitrue - earning a financial benefit or profit from the token itself - independent of Ripple;
19) the 65K #XRPHolders granted amicus disclaim entering into a common enterprise with Ripple or other #XRPHolders around the 🌍;
20) thousands of merchants or businesses accept #XRP as a form of payment such as Time Magazine, car dealerships, charities, YouTubers and other content providers - none of which consider #XRP an investment;
When @SECGov sued #Ripple it didn’t limit the allegations to only include the way Ripple offers and sales #XRP. It actually claims all #XRP are unregistered securities - even the #XRP traded in the secondary market.
“The XRP traded, even in the secondary market, is the embodiment of those facts, circumstances, promises, and expectations, and today represents that investment contract.” 👇
Thus, the SEC must prove Ripple made promises or inducements that led #XRPHolders to form a reasonable expectation of profits based on the efforts of Ripple, its executives or affiliates.
If the truth matters, the SEC will fail miserably attempting to meet that standard. #truth
I’ve tagged Mr. Dixon once or twice and I guarantee I was reciting 💯 provable facts. For ex, Clayton instructed Dixon to put together a crypto working group to write a memo to send to Hinman and the memo’s Safe Harbor only mentioned #ETH.
Block me, but try to prove me wrong.
It should be noted that I have never been disrespectful. I’ve tagged @VitalikButerin also reciting facts. For ex, when I’ve tweeted about Vitalik stopping the trading of ETH, I’ve always included that he did so w/ good and honorable intentions. The truth is the truth.
As amicus counsel in the @Ripple case, I’m interested in the truth as it relates to #XRPHolders. Nothing more, nothing less. For ex, many people tagged me about a civil lawsuit 🆚 @ConsenSys and @ethereumJoseph. I didn’t comment b/c it has nothing to do with the #XRP case.
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.
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.