There is no doubt that the SEC seeks in SEC v Wahi to establish a precedent for suing individuals who sell cryptos in the secondary markets for an unlawful sale of unregistered securities.Sure it will say that it’s seeking on this occasion to sue individuals acting unlawfully /1
by insider trading but it doesn’t change the fact that the SEC argues the sales of the cryptos were themselves, apart from insider trading, unlawful selling of securities. Just think of the consequences. Buying and selling crypto on exchanges by individuals in secondary markets/2
What are the consequences for exchanges who allow secondary market trading. The SEC can say what it wants about it not targeting holders of cryptos who sell their coins for breach of securities laws but they just did it /3
And they clearly assert, if there is any residual doubt, that any sales of a cryptos are part of a common enterprise with the issuers of the coins and creators of a blockchain that potentially continues indefinitely regardless of utility, functionality or decentralisation /4
This absolutely shows the need for @JohnEDeaton1 and Amici to be permitted to remain in the Ripple case and in my view the need to be allowed an expanded and more active role. The SEC v Wahi case shows the SEC’s true case theory in the Ripple and #LBRY cases /5
and it definitely, although they obfuscate and seek to hide it from the judges, extends to all exchanges and crypto holders in secondary markets. /6
We now see why the SEC has fought and continues to fight so hard to keep John out. It sets a precedent that can impact on future cases in which they don’t wish the voice of crypto holders heard on issues relevant to the Howey test. /7
Which is precisely why John’s role is taking on an even wider almost providential significance for all of crypto that goes beyond the Ripple case. Let’s hope that Judge Torres sees the wider public significance of John’s involvement. /8
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Thanks James. Deaton’s tactically brilliant move. Doing what Ripple can’t do and bringing the issue of conflicts of interests around the Hinman speech before judge Torres just before she has to deal with the SEC’s objection to the judge Netburn ‘s decisions in the context of /1
retaliation against him for being involved in drawing public attention to the conflicts to the level of Congress. Giving the judge a reason to consider why the SEC has resisted their disclosure. Great tactical litigation work in action./2
Some contours of what the SEC considers makes a crypto fall w/i the Howey test are seen in the SEC v Wahi case. The SEC consider 9 of the 25 tokens traded (all ERC-20 tokens) to be securities. I am not sure what are the other 16 & why the SEC does not consider them securities /1
Perhaps the SEC is still investigating and has not decided on the other 16 that were allegedly traded by Wahi and friends. What is abundantly clear is that the SEC directly calls the cryptos themselves investment contracts & the Defendants sold them in secondary markets/2
If some of the 16 other cryptos are considered not to be securities if would be good to know them to make comparisons. If the SEC is able to distinguish on some basis between cryptos why on earth not disclose the criteria to the market. /3
How important is the evidence of Mr Doody to the SEC's case. It would seem by the SEC's reaction to the attempt of @JohnEDeaton1 to be involved in a challenge to Doody's evidence and its effort to cover flaws in his evidence that the issue is as vital as the Hinman documents /1
It is illustrative to view Doody's evidence in the Telegram case which was important to a finding that initial purchasers of grams had a reasonable expectation of profits. This is more difficult to show in the face of evidence of consumptive use. /2
Mr Doody did not rely on what Gram investors told him in coming to a view that they had reasonable expectations of profits. Importantly, the Telegram case dealt with 175 initial purchasers from Telegram not hundreds of thousands of purchasers of XRP in secondary markets /3
Thanks James. Does making a payment for LBC really satisfy the first prong of Howey if it is acquired for consumptive use. It needs to be an investment and it needs to be in a common enterprise. As LBRY has shown evidence of consumptive use the SEC is being over simplistic/1
and disingenuous in stating that LBRY has conceded the first two prongs of the Howey test. This is the SEC’s attempt to try to capture sales on secondary markets that are not sales or offers of sales by LBRY itself /2
It shows a case theory that ignores issues such as whether a blockchain is already fully functional and decentralised or a token has utility. It is super broad. /3
I have further considered the LBRY summary judgment motion and I observe that in relation to the Howey test the point of attack is that buyers used it not as an investment. And what the Lawyers do is to attempt to distinguish the earlier cases on digital assets that had ICOs /1
Distinguishing an earlier decision even a binding precedent means arguing that the facts of your case are so different than the earlier case that the earlier case should not be followed and the court should in effect make a new precedent/2
This extract from the LBRY submission shows that this is what LBRY's attorneys seek to do. And the several points they raise are the fact LBRY had no whitepaper, had no ICO and that sales were to users on an already functioning usable network who used it on the network /3
Where did Brett Redfern then end up after Coinbase. In October 2021 he was appointed to the advisory board of Securitize which is a registered transfer agent with the SEC. /1