I recommend re-reading the Grundfest Letter now that we know so much more. It is very enlightening to re-read the letter now that we have much more context and knowledge about the lawsuit and why and how it was filed. A few more things will jump out at you.
For example, when Grundfest discusses the mass exodus of the senior leadership at the SEC after filing the case he notes:
“The directors of the Divisions of Enforcement, Corporate Finance, and Trading and Markets have all been deeply involved in the decision to [file suit].”
“Deeply involved” says a lot. It means these people were the ones pushing for the lawsuit as they were walking out the SEC’s door forever. Think about that for a minute. Why would these individuals push the most significant non-fraud SEC enforcement action since Howey and leave?
Who are we talking about? Who left?
Clayton - the Chairman;
Hinman - Director of Corporation Finance;
Marc Berger - Director of Enforcement;
Bruce Redfearn - Director of Trading & Markets.
Clayton’s firm Sullivan & Cromwell represented @ConsenSys and @ethereumJoseph and brokered the Quorum #JPMCoin deal - a direct competitor to @Ripple and #XRP. Clayton goes to 1River w/ it’s $1B bet on #BTC & #ETH. Clayton voted to bring the case & filed it on his last full day.
Hinman didn’t retire from STB per the SEC Ethics Chief and he collected $15M from his ongoing partnership at STB a member of the EEA - while at the SEC. Hinman agreed to give #ETH the free pass requested by EEA law firm Perkins Coie (hired by @a16z) and is now a partner at a16z.
Berger, Director of Enforcement, helped ✍️ the grossly overbroad Complaint absurdly alleging ALL #XRP, including secondary market sales of #XRP independent of @Ripple are unregistered securities. He was made a partner at STB - a member of the EEA. 👇
Bruce Redfearn, a banker for @jpmorgan before going to the SEC, left days after the lawsuit, as well. In March 2021, he was hired by @coinbase. He resigned after 4 months.
But when you think how significant digital currencies are (#Bitcoin CBDCs) its not hyperbole to call the SEC 🆚 @Ripple/#XRP case as the most significant non-fraud enforcement action since 1946.
Who files a case of this magnitude and leaves? They all left! Why?
2) Two years after that meeting, in 2015, FinCEN & DOJ enter into a settlement w/ Ripple declaring #XRP a “convertible virtual currency” and force Ripple to register #XRP sales w/ FinCEN - NOT the SEC - (the SEC is made aware of the deal and its terms pursuant to info sharing);
3) On June 13, 2018 SEC Enforcement Lawyers write ✍️ a legal memo 📝 analyzing #XRP under Howey and these enforcement lawyers DO NOT conclude #XRP is a security and it SO NOT recommend an enforcement action or a cease and desist letter against Ripple;
THE SEC STRIKES AGAIN 🆚 CRYPTO AND BLOCKCHAIN TECHNOLOGY
“In the final hours before the statute of limitations would expire, on April 27, 2022, the SEC sent a letter to The Dragonchain Foundation, Dragonchain, Inc., The Dragon Company, and Joe Roets, notifying the parties
that investigators would recommend to the Commissioners to charge the parties with the sale of unregistered securities in 2017. As you all know, we’ve been communicating with the SEC for over four long years now, and we’ve been fully transparent, providing numerous answers and
copious amounts of data, however, we’ve never been given the opportunity within the regulatory process to offer a full philosophical reasoning for the DRGN Tokenized Micro-License or technology related. We’ve never had an opportunity to present the case that the DRGN is a
In October 2013 @chrislarsensf met w/ various regulators to give a presentation at the U.S. Treasury Dep’t sharing w/ them @Ripple’s vision “for a global payments system and cross border payments based on blockchain technology.”
At this meeting, Ripple provided these regulators w/ a slide deck. The slides INFORMED REGULATORS that Ripple’s was actively engaged in a “distribution of #XRP on-going.”
In short, in 2013, SEVEN years BEFORE the lawsuit was filed, Ripple ratted on themselves to the U.S. Gov’t.
Who was at this meeting wherein Ripple disclosed and admitted to on-going sales of #XRP?
At Consensus and listening to @ethereumJoseph answer questions. The moderator is from @novogratz’s Galaxy Digital. Clearly, they are paying attention to Twitter and the claims of token concentration and the disguised whales as they move to PoS.
Joe Lubin was asked about the comment by @GaryGensler that Joe owned 10% of #Ether from the Genesis Block and was asked if he would disclose how much #ETH he & @ConsenSys owns. Joe declined providing his or Consensys’ holdings, but did say it’s never been close to 1/2 of 1%.
Three other interesting comments: 1) Joe claims he hasn’t accumulated any more #ETH since the Genesis Block but Consensys is accumulating leading up to the Merge;
Bruce, maybe you have the time to spend on Twitter and count how many times someone is tagged. If I was tagged 10K times w/in the last week it wouldn’t change my availability. Quit acting like people are scared to engage or debate you based on your immediate timetable.
I actually have no idea what you want to talk about or debate. Is it whether today’s #XRP is a security? If so, I have written detailed 🧵s laying out my analysis on why it isn’t. Is it whether the #XRPL is centralized or decentralized? I’ve put out 🧵s on that as well?
3/9
Is it challenging my claim that Hinman violated criminal conflict laws or Title 5? I’ve laid that out in detail. Is it regarding the #Ether Free pass and the time line I’ve challenged anyone to dispute?