Stefan, most people (not #XRPHolders) underestimate the incredible advantage the free pass gave #Ethereum, @ConsenSys, etc. Ironically, it was @ethereumJoseph who understood just how much of an advantage it was.
On August 5, 2020,
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 added 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, Lubin admitted his and #Ether’s

“regulatory advantage”;

stating:

#Bitcoin and #Ethereum arrived before regulators were paying attention”
(not true)

and that:

“we were fortunate enough to frame our token as a utility token.”

(#ETH is crypto⛽️ theory)
In 2020, Lubin was almost 😅 gleeful when he 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.”
👇
Now you understand why he cheerfully claimed:

“We are big friends and fans”

of the SEC and praised its application

“of something called securities law”.

He added that the SEC has:

“introduced a new construct called decentralization” into their regulatory thinking.”
Lubin praised the Hinman Speech and stated that the SEC saw #Bitcoin and #Ether as:

“decentralized”

and said:

“no transactions involving those particular assets are considered to be securities.”
Of course Lubin couldn’t stop there. He also added:

“They have not said the same about other tokens like #XRP.”

Lubin claimed to know that the SEC was not going to find any token other than #Bitcoin and #Ether to be decentralized.

Who was Lubin’s source:

Bill Hinman.

👇
Thus, in 2018 #BTC & #ETH were the only two platforms w/ regulatory clarity. With #BTC limitations, it drove almost all serious developers to Ethereum.

Today, many underestimate how much of a de facto monopoly the free pass provided.

But it does put these claims 👇 in context.

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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
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.
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 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

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