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.
“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.”
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“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.”
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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.
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.👇
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.👇
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).
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.
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 …”
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.
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.