What’s lost on many people interviewing Gensler (no offense intended) is that he keeps saying the platforms and exchanges need to come in and register. But you only register w/ the SEC if you’re selling securities. Gensler is thus calling all of these assets securities.
If @jespow met w/ @GaryGensler & the SEC and he listed out every crypto asset offered on the @krakenfx platform and asked:
“Which of these assets do you believe are securities and I will remove them”, he would be told by the SEC:
“We do not provide that type of guidance.”
Yet, Jesse or @JpThieriot or any other CEO of a digital asset platform, is expected to register that they are selling securities even if they do not believe they are selling securities.
After leaving the meeting w/ the SEC, Jesse can expect a subpoena, followed by a lawsuit.
@HesterPeirce along w/ Elad Roisman have objected to this practice. I call it extortion. Gensler is trying to push this narrative in order to regulate the digital asset space instead of the CFTC. It is time for the exchanges to go on the offensive and collectively sue the SEC.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
This 🧵 is for non-#XRPHolders & those who dislike @Ripple or believe #XRP is a shit coin b/c of how it was created. This 🧵 is also for entities that hold themselves out as so-called leaders w/in the Crypto Community, promoting blockchain technologies.
Before you celebrate or ignore the significant implications surrounding the filing of the lawsuit, you should consider that BEFORE the @SECGov sued NOT ONLY Ripple but de facto every #XRPHolder (as stated by Judge Netburn) the following facts and information was known:
DBS, Singapore’s largest bank and the 6th largest bank in the 🌍, declared #XRP better & faster than #SWIFT.
DBS launched a digital exchange between four fiat currencies - $SGD, $HKP, $JPY & $USD - and the four most established cryptocurrencies - #BTC, #ETH, #XRP and #BCH.
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;
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.