John E Deaton Profile picture
Mar 5 15 tweets 7 min read
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.
On October 15, 2019, writer @NickPaumgarten profiles Ethereum and ConsenSys. Lubin explained that he escaped having #ETH being seen as an unregistered security by:
“creating a reality through words”.
Lubin said that they

“defined what #Ethereum is and what #ETH is” and that “we could create reality that way. It seems to have worked.” 👇

newyorker.com/magazine/2018/…
Lubin falsely claimed “there are only two decentralized protocols on the planet right now that are sufficiently secure enough and decentralized enough so that they can be trusted. Those are Bitcoin and Ethereum.”
Lubin adds that Bitcoin is too difficult to program, and therefore for all developers of “value tokens”, Ethereum is “the only game in town.”
On October 6, 2020, 2 months before the Ripple lawsuit, Lubin bragged about having a:

“regulatory advantage.”

He stated:

#Bitcoin and #Ethereum arrived before regulators were paying attention”

and that:

“we were fortunate enough to frame our token as a utility token.”
He also said:

“regulators are watching so pretty much all the tokens need to be introduced to the world in a convoluted fashion or are really just going to be seen as securities.”
👇👇
One month before the lawsuit, Jay Clayton said:

“the area [of crypto] that is of particular interest to me … is the payment system. Our payment system is inefficient. Domestically it is inefficient. Internationally it is extremely inefficient.”
“So if we don’t work and use technology to address those inefficiencies the market is going to do it for us.”

One month later, Clayton’s SEC sued the highest profile market leader providing a solution – Ripple – at a time ConsenSys was moving to directly compete with Ripple.”👇
In November 2020, @VitalikButerin tells Coinbase CEO Brian Armstrong how “we” are “getting rid of” the network’s proof of work mechanism to replace it with one “entirely based on proof of stake”.
Vitalik adds that this transition depends on Ethereum’s users:

“abandoning the $50 billion base layer that they know and love and move to the one we consider better. It’s still a leap that people have to take.”

This was one month before the SEC filed the Ripple lawsuit.
👇👇
Clayton met with Gensler twice in December 2020. They met the day before the lawsuit was filed. There is no doubt that the lawsuit was discussed. It appears to me that a deal was struck between VCs and regulators, with Gensler’s blessing.
Ethereum would get the free pass while Ripple and #XRP would be served up as the proverbial sacrificial lamb offered to the regulators to make example of.

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More from @JohnEDeaton1

Mar 7
16 FACTS PROVING THE CASE IS DOA

1) On February 8, 2012, @jespow & @JedMcCaleb received a legal opinion letter from Perkins Coie informing them if they sell #XRP to investors and use the money for operational costs, #XRP will likely be an investment contract aka, a security.👇 Image
2) After receiving the above legal opinion letter, @chrislarsensf and Jed McCaleb scrap the old business model and instead seek VC funding for business operations. Investors will not receive #XRP, but instead, receive actual shares of stock in the company Ripple.
3) Larsen and McCaleb received a 2nd opinion from Perkins Coie on October 19, 2012. Based on the new business model, they are advised #XRP is most likely NOT a security.

The letter hints at risks related to Banking Secrecy Laws and being labeled a Money Services Business.👇 ImageImage
Read 23 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 4
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.
Read 11 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

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