@ethereumJoseph is no dummy. In fact, he was a great tactician. On May 4, 2017, Clayton was sworn in as Chairman of the SEC. Clayton was a senior partner at Sullivan & Cromwell. Within 2 months of Clayton being sworn in, Lubin hired Patrick Berarducci from Sullivan & Cromwell.
Berarducci was named Deputy GC @ConsenSys, Co-Chair, Brooklyn Project & Global Fintech Co-Head. Hiring a fellow partner from Sullivan & Cromwell immediately after Clayton’s confirmation provided Lubin, ConsenSys, et al, a direct line to the SEC Chair.
The direct line to Clayton paid off. At Hinman’s deposition we learned Hinman emailed Lubin directly. The @Ripple lawyers implied it was at Clayton’s direction. Hinman responded that he didn’t recall. But why would Hinman reach out and email Lubin directly?
Think 🤔 about it.
Clayton was helping his law firm and one of it’s major clients. You see, Lubin not only hired a lawyer from Sullivan & Cromwell and made him Deputy GC - he hired Sullivan & Cromwell to represent himself, ConsenSys, and to help facilitate the Enterprise Ethereum Alliance.
After Hinman emailed Lubin, they met on December 13, 2017. Hinman met with Lubin AT LEAST 3 more times, including on June 8, 2018 - 6 days before the free pass speech. Of course, Hinman also met with the VC Working Group on March 28, 2018 and relied on the Perkins Coie Memo 📝.
Before you read the full 🧵, keep in mind the following:
Sullivan & Cromwell represents ConsenSys and the interests of the EEA;
Hinman’s law firm is a member of the EEA;
Perkins Coie is a member of the EEA;
The only token mentioned in the Perkins Coie Safe Harbor is #ETH;
Hinman collected $15M from his EEA law firm while at SEC;
After Hinman followed the Perkins Coie 📝 Memo giving #ETH a regulatory free pass, Hinman was later made a partner at @a16z - the very same fund that hired Perkins Coie to write the memo lobbying for #ETH’s free pass;
This article and the comments of @GaryGensler highlight the danger of allowing the SEC to continue its destructive practice of Regulation by Enforcement.
According to the article, @GaryGensler stated, once again, that he believes most cryptocurrencies are securities. In fact, he refuses to even declare #ETH a non-security. How hard is that?
This is why people are so angry. Hinman says “when we look at #ETH we don’t see a 3rd party promoter” behind the token. He is lying through his teeth - plain and simple. He and Clayton met those 3rd party promoters a MINIMUM of SIX times in 6 months. A once per month average.
The SEC refuses to turn over emails between Hinman and these promoters. He met Dec. 13, 2017 w/ ConsenSys and Lubin. Jan. 25, 2018, Clayton met w/ Chris Dixon of a16z and instructed him to write a 📝. Perkins Coie, a member of the EEA, wrote the 📝asking for a free pass for #ETH.
The ETH Free Pass 📝 was emailed March 26, 2018 to Hinman and Clayton. Hinman met with the Perkins Coie lawyers and EEA members and #ETH investors on March 28, 2018. Hinman met with Lubin and Consensys again in April 2018 and AGAIN in May and AGAIN on June 8, 2018.
Then-former CFTC Chairman @GaryGensler said there was not regulatory clarity in the digital asset markets, and
“for @Ripple” there
“needs to be clarity in the market.”
In this video 👇Gensler scoffs about “a group of venture capitalists that went in to the SEC” and how “they’re sort of saying – believe us, we get you, we have a bunch of clients who are going to evolve to be a consumable token … I KIND OF DON’T THINK THIS IS GOING TO WORK.”👇👇
In this video 👇Gensler concludes saying that “the market needs clarity” and that “the uncertainty as to whether ether is or is not a security… it could exist for months but at some point in time it is worthwhile to settle that down or have it fall into the courts.”
When the SEC filed the case against @Ripple I argued the exchanges should not delist #XRP. I argued this b/c I read the Complaint and realized the SEC was alleging today’s #XRP a security and that many of the allegations equally applied to all tokens. It’s a dangerous Complaint.
My hope was for all the exchanges to continue to list #XRP, join together, and hire a law firm to file an amicus brief. Respected leaders like @jespow referenced @Ripple burning too many bridges for that to happen. Regardless of the reasons, justified or not, it didn’t happen.
When @brian_armstrong disclosed the SEC intended to sue @coinbase over it’s Lend product and that @GaryGensler refused to meet with any crypto companies, I argued the best next move was to relist #XRP and ask to file an amicus brief (selling #XRP provided standing).
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.”
👇
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.👇