John E Deaton Profile picture
Apr 3 11 tweets 7 min read
@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.

@CGasparino reported.👇
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;
@ConsenSys acquired Quorum from @jpmorgan, supporting the #JPMCoin, a direct competitor to #Ripple & #XRP;

Sullivan & Cromwell brokered the Quorum deal 4 months before the lawsuit against #Ripple and #XRP;

2 month before the lawsuit, One River bet $1B on #BTC and #ETH;
Clayton broke party lines to cast the deciding vote to bring the case (he voted against fellow republicans @HesterPeirce & Elad Roisman);

Clayton agreed he should recuse himself if a case involved his firm’s client, but he voted to bring a case against his client’s competitor;
Clayton was hired by One River within weeks of leaving the SEC;

Director of Enforcement Marc Berger, who helped write the Complaint, immediately left going to Hinman’s EEA firm - Simpson Thacher.

Now read the Grundfest letter 👇

crypto-law.us/wp-content/upl…

Now read the 🧵 👇
Add this to the “direct line of communication with the SEC.” 👇

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More from @JohnEDeaton1

Apr 5
⛔️ CRYPTO WARNING ⛔️

This article and the comments of @GaryGensler highlight the danger of allowing the SEC to continue its destructive practice of Regulation by Enforcement.
The article states:

“Gensler has directed SEC staff to get crypto trading platforms to register with the Commission and regulate them like exchanges.”

👆 is one reason I predicted the SEC will sue an exchange by the end of the summer.
How does a CEO like @jespow or @brian_armstrong agree to register w/ the SEC?

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?
Read 8 tweets
Apr 2
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.
Read 4 tweets
Apr 1
Theory: #XRP - a Sacrificial Lamb 🐑

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.”

See 👇
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.”

Watch 👇👇
Read 7 tweets
Mar 31
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).
Read 5 tweets
Mar 18
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.”
Read 9 tweets
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

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