John E Deaton Profile picture
Mar 4 11 tweets 4 min read
Brad, there’s been no contact.

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.
Some lawyers not only took shots at me but they spread actual FUD, claiming that b/c I failed to follow the local rules and the motion to intervene was initially denied, we would not be able to refile the motion due to the expiration of a deadline to add additional parties.
I remember the doom and gloom those comments caused some #XRPHolders. B/c of that FUD, I went @on_the_chain w/ @Jeff_OnTheChain and @stephenchip to explain to people the deadline to add additional parties didn’t apply to us and applied ONLY to the SEC and @Ripple.
When people called in asking why are those things being said, I was honest and said some of the lawyers making such comments wouldn’t recognize a courtroom if they were standing in it. There are two types of lawyers:

1) those that do; and, 2) those that criticize those that do.
As far as my legal work related to this case goes I will admit the following:

1) Am I over my head? Sure.😂

2) Am I understaffed? Absolutely.

3) While serving as amicus counsel, must I still make the payroll for my 12 employees? If I don’t I’ll be more understaffed - Yes!
4) While serving as amicus counsel, must I still represent my mesothelioma and asbestos clients to the best of my abilities? 💯 Yes.

So, could my Writ of Mandamus or my Motion to Intervene been researched and written better? Of course. But that’s not the exact question to ask.
The relevant question is could it have been done better by someone who was doing it pro bono; with zero experience in securities laws; while managing a law firm; representing gravely ill clients; utilizing second year law students as his only support for research and writing;
while maintaining the intense pressure not to let down or disappoint 65K people who have placed their faith and belief in him? I’m sure the answer is still yes, although I doubt it would be one of those being so critical.
I would love for the industry leaders (you know - the so-called experts) to get off the sidelines and join the fight. In other words, show me and the rest of the world:

HOW ITS DONE.

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More from @JohnEDeaton1

Mar 5
Four months before the lawsuit, Clayton’s law firm, Sullivan & Cromwell (SC), negotiated the purchase of JPM’s Quorum and the #JPMCoin by Lubin and Consensys. It appears that Clayton, helping his firm, directed Hinman to contact Lubin (represented by SC).

coindesk.com/business/2020/…
When interviewed by @laurashin, Lubin described his Quorum acquisition’s offering, an “interbank information network” that is “similar to what SWIFT does” and works with “north of 400 financial institutions around the world”.  He adds that ConsenSys supports the #JPMCoin.
Lubin’s description of Quorum & #JPMCoin’s use case sounded very similar. 2 1/2 years earlier, @bgarlinghouse described how Ripple was utilizing #XRP to disrupt and replace #SWIFT.

When Lubin said Ripple & XRP were not competition just look at WEF memo.
Image
Read 15 tweets
Mar 5
@DigPerspectives @digitalassetbuy @TAIGxrp

Why haven’t the trade associations or crypto leaders spoken out against the SEC or appeared as amicus on behalf of the industry?

When ETH was given a free pass was part of the deal @Ripple and #XRP would be the sacrificial lamb?
Have you listened to @GaryGensler lately? He talks about picking a high profile project and going after it as a way to send a message to the entire industry. Gensler met with Clayton in March of 2018. Gensler was aware Ether investors met with Hinman asking for the ETH free pass.
Watch the👇 video. Genlser scoffed at:

“a group of venture capitalists went into the SEC.”

He said:

“they’re sort of saying – believe us, we get you, we’re with you, SEC – but we have a bunch of clients who are going to evolve to be a consumable token …”

(sound familiar)
Read 26 tweets
Mar 5
@Belisarius2020

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.
Read 5 tweets
Mar 3
Why hasn’t the judge thrown out the case?

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.
Read 7 tweets
Feb 27
HOW #ETH BECAME:

“The only game in town.”

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?)🤔 👇
On April 23, 2018, Hinman met AGAIN w/ Lubin & Consensys and on May 12, 2018, Lubin stated he was “making great strides w/ regulators.”

Two weeks later, Lubin claimed he could issue tokens in ways detailed in Hinman’s speech - EXCEPT - the speech had NOT yet occurred. 🤨👇
Read 25 tweets
Feb 25
HUGE EXCULPATORY EVIDENCE:

The August 20, 2018 meeting between Clayton and Hinman with @bgarlinghouse and @JoelKatz.

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."
Read 8 tweets

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