So, I tweeted out the below 🧵 and w/in 30 minutes, I was getting DMs and emails at my law firm asking me how much 💰 the @Ripple executives are paying me to ✍️ my 🧵s. 🤦
When someone tweets out that they think the Ripple executives gifted themselves too much #XRP, I don’t challenge what they say. It’s a fair criticism. When someone says Ripple owns too much XRP and that fact makes them less attracted to the token or project I don’t argue w/them.
When someone tweets out that Ripple helped create a secondary market by gifting XRP to people or selling XRP to people or offering incentives to list on exchanges, I don’t challenge them, even though almost every project has done the same. They have the right to their opinions.
But if someone like @saylor goes on a top podcast like @patrickbetdavid’s as he did recently, and he claims that Ripple or @bgarlinghouse etc. committed fraud or deceived or misrepresented the public, implying the case against Ripple involves fraud - I simply state the truth.
For example, I point out that, after a 30 month long investigation, the SEC didn’t charge fraud, misrepresentation or omission against @Ripple@chrislarsensf@bgarlinghouse@JoelKatz or any other executive - past or present.
I point out to the Ripple haters (some of them are Ripple’s competitors), to only imagine if every Crypto company, platform or project, underwent 30 months of an exhaustive SEC investigation. Would all of them be able to avoid a fraud,
Misrepresentation or omission charge? 🤔
I point out that, as a prosecutor, if you’re bringing a case against the company and its executives, and you have grounds to allege fraud or misrepresentation, you definitely charge it - b/c of criminal penalties (ie possible jail).
Charging fraud gives the government leverage.
Thus, you can bet that since the SEC had already decided to sue the two executives for aiding and abetting Ripple in the offer and sale of an unregistered security (a non-fraud charge), if there had been valid grounds to charge fraud - without question - the SEC would have.
I don’t claim Ripple is w/o criticism. I simply point out indisputable truths which cause some people to say “you’re defending these guys so you must be on their payroll.”
Trust me, after learning what Ripple’s lawyers are likely charging Ripple, I can think of worse things.
I point out these facts, not for Ripple, but for #XRPHolders, who’s property is being impacted by the fud, mistruths and false narratives promulgated by people who are intentionally misleading or, they don’t know what they’re talking about - even if technically a 🚀 scientist.
Now that doesn’t mean I have anything against Ripple either, b/c in full disclosure: I bought Ripple pre-IPO shares off @linqtoinc, along w/@krakenfx, @BitPay, @UpholdInc, and @SoFi.
You can be a #Bitcoin Maxi like @saylor and have you’re opinions about #XRP, even believing its a shitcoin or that the technology is inferior (even though the #XRPL has proven to be a better layer 2 solution to the #BTC problem than ⚡️ - but you don’t get to make up facts.
The way the SEC has approached Crypto in general and the way the SEC has behaved specifically 🆚 @Ripple and its executives during this case is absolutely appalling. The SEC has truly become an innovation killing cesspool of corruption.
Btw, it’s not just me, a Judge 👩⚖️ overseeing discovery in the case literally said the SEC was engaging in “hypocrisy” and lawyers at the SEC “lacked a faithful allegiance to the law.”
Tells you all you need to know why Saylor and others should pause before quoting the SEC.
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I predicted if LBRY lost 2 things would happen: 1) the SEC would rush the decision to Judge Torres acting as if the Supreme Court ruled; and 2) people would come out of the shadows and claim Ripple & XRP will share the same fate.
And that’s exactly what we’ve seen. Many of these folks haven’t read 1 brief in the case and the ones that did, read the SEC’s last brief (which, in all honesty, was the SEC’s best work product in the case).It was better b/c it was a REPLY brief, responding to Ripple’s arguments.
But Ripple doesn’t have the BURDEN OF PROOF - the SEC does. The SEC did a decent job at replying to Ripple’s pre-1934 Blue Sky Laws argument.
The SEC also did a decent job attacking Ripple’s argument that there MUST be an underlying contract for an investment contract to exist.
Make no mistake about it, @ewarren is a fraud. She acts as though she’s the Great Bank 🏦 Slayer when in fact she the Great Bank 🏦 Protector. All she wants is to create sound bites related to her class warfare agenda.
I have almost 400 #XRPHolders that are her constituents.
She and her staff have zero interest because she wants all of crypto shut down, including #Bitcoin. When her staff learned that the SEC sued a couple billionaires they literally laughed at me and said “the Senator would never be critical of the SEC for suing billionaires.”
I responded I wasn’t calling on behalf of billionaires b/c they can afford $1,500 per hour attorneys to advocate for them but I was calling on behalf of hundreds of her constituents who couldn’t afford those same attorneys and that I was working pro bono.
In order for @chrislarsensf & @bgarlinghouse to lose the individual claims made against them, the judge has to conclude, as a matter of law, the two executives were reckless in not knowing #XRP was a security. Not negligent - but reckless!
Said another way, the judge must find that no reasonable jury could ever conclude that the 2 executives were NOT reckless.
With that in mind, let’s consider some FACTS:
1) SEC enforcement lawyers were allowed to own and trade #XRP until March of 2019;
2) in 2014 the @USGAO classified #XRP “a virtual currency utilized in a decentralized payment system called @Ripple”;
3) in 2015, FinCEN and the DOJ settled w/Ripple declaring #XRP a virtual currency - forcing Ripple to register #XRP sales w/ FinCEN, NOT w/the @SECGov;
Remember immediately after the @LBRYcom decision what I said. I said it was a total victory for the SEC and that SEC attorneys couldn’t have written a better decision for them. I also said the SEC and many other people would make a BIG deal about it.
I also said that if Judge Torres followed the LBRY Judge’s reasoning, Ripple would outright lose. I said that reasoning would cause a lot of “Ripple will lose” comments. Its expected b/c holding a lot of #LBC was a big deal to the judge and Ripple holds 1/2 the #XRP.
Personally, I believe the SEC snatched defeat from the jaws of victory in this case because it chose to go with an all or nothing theory (unless the judge decides to split the baby).
Let’s place the below comment in proper context w/ something I like to call:
FACTS.
In August 2018 - 2 months after the Hinman speech and 2 months after SEC enforcement lawyers wrote a memo 📝 analyzing XRP under Howey, @bgarlinghouse and @JoelKatz met w/ Clayton & Hinman.
We know exactly what happened during this meeting because the SEC turned over the SEC’s notes 📝 from the meeting even though it didn’t have to because it was privileged work product. So the facts I recite are not self-serving statements by Ripple or it’s executives.
Two months earlier, Hinman declared #BTC & #ETH non-securities. At the time, #XRP was the #3 Crypto by market cap (it was #2 several times in 2018).
Ripple’s CEO frustratingly spoke out and said:
“@Ripple is living in purgatory because #XRP doesn’t have regulatory clarity.”
I understand the point he’s trying to make 👇. He’s saying an appellate decision is a much bigger deal than a district judge’s decision. That’s why I said the @LBRYcom decision wasn’t as big of a deal as some people claimed. He’s looking at it from a legal precedent standpoint.
But Judge Torres’ decision will have a HUGE impact practically and politically speaking. For ex, if the Judge agrees 💯 w/the SEC, @GaryGensler’s Regulation by Enforcement campaign will gain credibility and momentum. To Crypto outsiders, he won’t look like he’s out of line.
If @Ripple outright wins AND the judge criticizes the SEC for pursuing the implausible theory that the token itself, from the beginning of time until the end of the world, even sold in far-away lands, is ALWAYS a security, no matter who sells it, could halt Genlser’s campaign.