Dear @VitalikButerin:

The more I think about your shameful and disgusting comment👇 and considering you haven’t deleted or clarified it, I realize you didn’t misspeak.

This was an immature hateful comment directed at a community of innocent digital asset holders and NOT @Ripple
Many people will not pay your comment much attention. But for those of us who’ve been exhaustingly fighting tribalism and believe in a multi-chain world of interoperability, your comments are truly demoralizing.
If you would’ve said Ripple lost its right to protection, I wouldn’t comment, whether I agree w/it or not. Ripple can defend itself. But even quite possibly Ripple’s biggest critic, @twobitidiot, has recognized the SEC’s overreach and has stated he hopes Ripple defeats the SEC.
In fact, Ryan will be having a fireside chat w/ @bgarlinghouse next month. Many people will ignore or excuse your XRP comment. I won’t. I have thousands of emails from people who were devastated financially when the SEC alleged that #XRP is a security no matter who sells it.
Maybe it was stupid for those people to be using high leverage but we know even so-called smart people (3AC) used leverage and got wiped out. And if you get wiped out b/c of the market - that’s one thing, getting wiped out b/c of government intrusion and overreach is another.
Just like any other crypto community, #XRP has some holders who may be overly hostile. But like most communities, it is made up of hard working regular people who seek financial freedom for a better life. Your XRP comment is a slap in their faces.
Maybe you could read emails from January and February 2021. Some people wrote about suicide. I have people in the U.S. who have their entire life savings wrapped up in #XRP in a retirement account. So when you say “XRP lost their right to protection” you insult all of them.
I thought your vision was to help people. But they don’t deserve protection b/c they chose #XRP and not #ETH?

What about #ETH holders who also own #XRP?
Do their assets only deserve 1/2 the protection?
You would think a founder who’s ON VIDEO saying he chose Switzerland to specifically avoid U.S. regulations from the @SECGov would have more grace.

You would think being ON VIDEO describing to perfection your ICO being an illegal securities offering you would be less judgmental
Considering that when you described ETH’s ICO, You insisted it would be:

“an opportunity for anyone to purchase ether”

which you said was a:

“currency inside the Ethereum system, sort of like the #XRP in #Ripple.”

Vitalik, you literally compared #ETH to #XRP, genius.👇
You would think that since your ON VIDEO w/@ethereumJoseph saying you knew Ethereum wouldn’t scale and you would have to upgrade and merge the network over years - which btw sounds a bit centralized - you would resist the idiocy of saying #XRP lost its right to protection.
👇
You would think that since your co-founders are ON AUDIO describing how to disguise multiple whale purchases of the ICO; saying “the SEC is a tough thing” and that “we do have to be careful” when talking about the “Ethereum IPO”, you would maybe not take shots at #XRPHolders.
You would think so since a cofounder said:

“We may limit the size the unit size of a sale just to make it easier to disguise.” For investors who “want some privacy” and are “planning on investing several million U.S. dollars worth, then you can do that in multiple identities.”
You would think so b/c Ethereum “won’t be requiring” a “real world identity” for sales of ether. “We can create a pseudonymous email and identity on purchasing,”

and

For whales, anyone “planning on investing several million U.S. dollars’ worth,”
👇
You would expect less judgment when your ICO’s architect @stevennerayoff said that Ethereum’s lawyers told him that they had an “illegal securities offering.” He then said that he “was charged with a very simple thing. Raise money, and not go to prison.”
👇
You would think you would be less judgmental when ALL of your cofounders feared going to prison and Lubin said:

“We thought it was possible we would land at JFK on a certain day and the FBI would tackle us to the tarmac"

But Joe wasn’t the only founder scared of jail was he?👇
Finally, the universe expects more grace from you when, 9 DAYS BEFORE THE HINMAN FREE PASS, @GaryGensler said:

“there is a strong legal case” that ether is a security. “They were careful, they were clever, but they still, I think, were a duck and waddles and quacks like a duck.”
So with that said young man, on behalf of 72K #XRPHolders, I say be a good 🦆 and quack off.

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More from @JohnEDeaton1

Aug 5
A SYNOPSIS OF THE @SECGov 🆚 @LBRYcom SUMMARY JUDGMENT TRANSCRIPT.

As I said during @CryptoLawUS’s livestream after watching the SEC 🆚 LBRY Summary Judgment argument below is my single biggest criticism and observation along with direct quotes from the hearing.
The Judge 👨‍⚖️ asked the SEC’s lawyer:

“Do you concede that there is what I think LBRY is calling a consumptive use for #LBC?”

SEC Lawyer:

“We do, your honor. Not for the entire time of the offering.”
The COURT:

“When does something that has a consumptive use and that LBRY would say is a commodity shade into a security?”

SEC Lawyer:

“Well, your Honor, I first would say you don’t start with the presumption that something is a commodity. You apply the Howey test first.”
Read 25 tweets
Jul 30
THE WILLIAM HINMAN CONFLICT OF INTEREST - How Bad was it? A 🧵
For over a year, I wouldn’t accuse Hinman of violating the law. I only maintained that he may have and that the appearance of impropriety deserved an investigation. Since then however we’ve learned that @EMPOWR_us caught the @SECGov in a lie, trying to cover up the issue.
The SEC claimed there were no emails or documents responsive to @EMPOWR_us’s FOIA Request.

Empower sued the SEC in federal court and discovered that there are in fact emails related to a conflict and the SEC was forced to turn some of those emails over.
Read 37 tweets
Jul 29
The best example of the absolute absurdity of the @SECGov’s claim that #XRP is a security is highlighted in the video below 👇

#Bitcoin Maxis say ⚡️ is the only way to spend #BTC quickly. Not True! What blockchain technology was DESIGNED specifically for payments: The #XRPLedger
@Spend_The_Bits utilizes the #XRPL as a Layer 2 solution to solve how slow #BTC is. Utilizing the #XRPL and you spend your #BTC by utilizing a fraction of penny: .00005XRP.

The SEC concedes #BTC is not a security, but it claims the .00005XRP utilized to spend the #BTC is. 🤦
@Spend_The_Bits CEO @Jay_SpendDBits developed this app WITHOUT @Ripple. In fact, Ripple and @bgarlinghouse were unaware of this application. I highlighted this example along with others when I filed my motion to intervene. That’s the beauty of the technology.
Read 4 tweets
Jul 25
THE SEC LAWYER ACTUALLY ARGUED THIS:

In the @LBRYcom Summary Judgment Hearing the SEC lawyer argued that the last prong of Howey - relying on the efforts of others - is satisfied in ANY BLOCKCHAIN TOKEN CASE from the thousands of nodes from around the world.

LET THAT SINK IN
In Howey and securities cases after, the efforts of others factor was tied to the promoter who made promises that you could expect profits because of the promoters efforts and plan. That was the common enterprise you rely on for the profits.

Not any longer according to the SEC.
1) SEC doesn’t require a common enterprise to bring a case.

“The Commission, on the other hand, does not require vertical or horizontal commonality per se, nor does it view a "common enterprise" as a distinct element of the term "investment contract." 

sec.gov/corpfin/framew…
Read 5 tweets
Jul 12
On page 24 of its opposition, the SEC attempts to split proverbial legal hairs by conceding #XRP is not a security per se (“this case presents no such question”), while simultaneously arguing all XRP, including XRP traded in today’s “secondary market … represents” a security. 👇
Remarkably, the SEC claims it is not arguing XRP is a security per se, but instead, arguing XRP is a representation of a security.

What does that even mean?

When does an asset transform from being an asset (🥃, an 🍊, 🦫 or #BTC) to also “representing” an investment contract?
The SEC must prove #XRP IS an investment contract. But the SEC unilaterally changed its burden to proving only a “representation” of an investment contract.

The SEC doesn’t get to make up the law in order to satisfy a political desire to regulate a new evolving asset class.
Read 26 tweets
Jul 12
AN OPEN LETTER TO @FinancialCmte @FSCDems @GaryGensler @HesterPeirce @SECHerrenLee FSC and SEC Members

I write ✍️ to you on this public platform hoping you will truly understand the damage being inflicted on innocent holders of #XRP. I represent 68,700 of those holders.
We are users, developers, small businesses, content providers and investors in the digital asset #XRP.

In 2015 #XRP became the first regulated cryptocurrency in the United States, when the @DOJCivil & #FinCEN settled w/ @Ripple declaring #XRP a

“convertible virtual currency.”
After #FinCEN declared #XRP a virtual currency, forcing sales to comply w/ U.S. Banking Laws (not securities laws), foreign governments, including the U.K. 🇬🇧, Japan 🇯🇵, Switzerland 🇨🇭, Singapore 🇸🇬, and the UAE 🇦🇪, followed suit - all declaring #XRP - a non-security.
Read 26 tweets

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