Between tweets, DMs, and emails to my law firm, this question has been asked over 100 times. People ask w/ all the evidence related to conflicts of interests and appearances of improprieties, why hasn’t the judge dismissed the case?
The judge isn’t on Twitter, following this. The judge relies only on evidence she is presented by the PARTIES in the case. Except for a few inferences, Ripple has not offered evidence related to any possible corruption.
In fact, I’m the only one who has offered any evidence on the issue at all. The only reason I was able to submit any of this evidence is b/c the SEC attacked me personally, labeling me a clout seeking Twitter conspiracy theorist. I offered objective facts supporting my criticism.
Had they not attacked me, I wouldn’t have offered any evidence at all. My ability to file anything related to conflicts required strategy. @MoonLamboio@stephenchip & @Jeff_OnTheChain can attest to this strategy b/c I sent them an email predicting the attack before it happened.
We can’t conflate what’s stated on Twitter or YouTube with what the Judges actually review. For ex, emails between Hinman and his law firm that @EMPOWR_us received via FOIA litigation, are not part of the Ripple case. The judge hasn’t been provided any of those emails. 👇
The point I’m trying to make is that people shouldn’t expect the judges to throw out the case based on evidence that isn’t being presented to the judge. I’ve seen criticism of the judges b/c they aren’t doing something they haven’t been asked to do. It just doesn’t work that way.
I realize people are frustrated. I am as well. If you want something done then we have to get the Congressional oversight committees to ask for an investigation. Go to Crypto-Law.us and use the Connect to Congress app. International holders use the International app.
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There are 63 emails with a Draft of the Hinman speech. At the same time these emails are going back and forth a memo was being written analyzing w/r #XRP was a security. That memo was finished on June 13, 2018 - the day before Hinman’s speech.
Therefore, the people who responded to the Draft Speech wouldn’t have read the #XRP memo. #XRP was battling #ETH for the number 2 spot for years. What is the likelihood that at least one person in the chain asked:
“What about XRP? Or Wouldn’t today’s XRP also not be a security?”
Here’s more food for thought. We also know that the Estabrook notes from the Roisman and @bgarlinghouse meeting favors @Ripple and Brad. We know that b/c the SEC turned over the notes from the Clayton / Hinman meeting and didn’t claim privilege. The SEC is clearly cherry picking.
Anyone who reads my very unusual Writ of Mandamus and analyzes it solely w/in the 4 corners of the document, while only reviewing Mandamus caselaw, fails to see the big picture. Filing the Mandamus was a strategic move designed to force a response.
That response provided a de facto invitation to file the motion to intervene or seek amicus status. Several of the same lawyers who ridiculed my Writ also took shots when my initial motion to intervene was denied without prejudice b/c I failed to follow the Court’s local rules.
Of course, when the @DigitalChamber was denied pro hac status for failure to comply with the Court’s local rules, similar criticism was non-existent.
We received a tiny bit more of the Hinman deposition. He sent an email to @ethereumJoseph.👇
We don’t know which meeting w/ Lubin the email refers. Notice how @Ripple’s lawyer asked w/r Clayton directed Hinman to reach out to Lubin.
Lubin & @ConsenSys were represented by Clayton’s firm Sullivan & Cromwell. Hinman met Lubin & Consensys on December 13, 2017 and the very next day, @MattCorva, Consensys’ General Counsel, publicly stated that Consensys was building an alliance w/ the SEC.
(After 1 meeting?)🤔 👇
This meeting is 2 1/2 months AFTER the Hinman speech declaring #BTC and #ETH non-securities.
Frustrated that only 2 of the top 3 cryptocurrencies were provided regulatory clarity, Garlinghouse and Swartz asked what they could do to achieve similar clarity for #XRP with Garlinghouse declaring:
“@Ripple is living in purgatory b/c of this lack of clarity regarding #XRP.”
At that moment, if Clayton and Hinman truly believed #XRP was a security, they would’ve informed Garlinghouse and Swartz right then right there!
Instead, Clayton responded:
“the meeting was not the proper forum for a
discussion about that topic."
@Ripple, @chrislarsensf & @bgarlinghouse should all thank Clayton. Clayton is on video👇 w/ Grundfest (starting at 41:30) explaining how he likes to go after the individual executives b/c it changes the dynamics of the case.
Grundfest, being smarter than Clayton, cautions that when you go after individual executives it shifts a much higher burden onto the SEC. Clayton’s response to that is:
“Yeah, but it might be worth it.”
In a non-fraud case, it is simply not worth it - nor should you bring it.
If executives engage in fraud or misrepresentation they should be sued. The SEC investigated for 2 1/2 years and didn’t find one instance of fraud or misrepresentation. You can bet it would’ve charged fraud if it could’ve. Despite no fraud, Cayton filed 🆚 the two executives.
The case against @bgarlinghouse and @chrislarsensf is OVER. It was over the day it was filed. There’s NO WAY the SEC can meet it’s burden. The SEC must prove the two executives had actual knowledge #XRP was a security or was reckless in not knowing.
In order to prove recklessness the SEC must prove a reasonable person would’ve known #XRP was a security b/c it was so clear and obvious to anyone at that time.
LETS REVIEW SOME OF THE EVIDENCE:
1) October 2012 Perkins Coie Memo: It concluded #XRP was not a security;
2) Until April 2018, the SEC allowed staff, including enforcement lawyers, to trade and own Crypto - including #XRP - w/o any restrictions;