THE UNITED STATES 🇺🇸 IS BEING LEFT BEHIND. FULL STOP! 🛑
CRYPTO REGULATION IS NOT COMING!
I’ve seen some very smart people say things like:
“When we get regulation soon….”
I hate to be a Debbie Downer about politics in the U.S., but I don’t see sensible Crypto regulation being passed into law anytime soon.
I believe the 1st or 2nd Quarter of 2025 is likely the earliest it could get done and I may be being overly optimistic with that time estimate.
The market will continue to receive guidance only through judicial results from the SEC’s Regulation by Enforcement policy.
In other words, guidance will come by Federal District Court decisions like @LBRYcom@Ripple@dragonchain etc.
The industry must come together to help fight the SEC’s enforcement only policy. This is why @naomibrockwell agreed to let me represent her in @LBRYcom.
Yes, the LBRY summary judgment decision has been made and the SEC received a TOTAL VICTORY from the Judge’s ruling.
The SEC conceded ON THE RECORD that many (if not most) #LBC token holders did NOT view #LBC as an investment and that they utilize the token for consumptive use.
However, when asked by @jeremykauffman and “STRONGLY ENCOURAGED” BY THE JUDGE to provide clarity regarding secondary transactions of #LBC, the SEC has refused.
I have the Transcript from the November 21, 2022 hearing (although I’m not allowed to release it to the public yet).
The words “secondary market/ transactions” and the word “clarity” were uttered - on the record - more than a dozen times each (mostly from the judge 👨⚖️).
The SEC’s response is:
The secondary market is not part of the case in controversy and that the SEC doesn’t give clarity.
The SEC is seeking a permanent injunction that does not distinguish between LBRY and its executives and users of the platform or secondary market transactions.
On January 30 we have a hearing to discuss the issue. I have filed an amicus brief and an appearance in the case.
Naomi Brockwell has NEVER purchased an #LBC token and she has NEVER sold a single token. She uses the tokens to help generate views for her videos. She didn’t even know the tokens had a monetary value when she was first acquiring them. #LBC is the quintessential “utility token.”
Professional crypto traders have never heard of #LBC. Its not an investment for its users. LBRY and its CEO have agreed to burn all pre-mined tokens but the SEC won’t budge on offering a No-Action letter for users or an official statement or any type of clarity whatsoever.
People have told me that I’m likely fighting a losing battle. Maybe I am. But what else do we do? We have to fight all of these Court battles because clarity through legislation is NOT coming.
Congress, I triple dare you to prove me wrong.
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READ THIS 🧵 AND I CHALLENGE ANYONE TO TRY AND DEFEND THE ACTIONS AND CONDUCT OF THE SEC.
“The same reasoning applies to digital assets. The digital asset itself is simply code. But the way it is sold – as part of an investment; to non-users; by promoters to develop the enterprise – can be, and, in that context, most often is, a security.”
- Bill Hinman, 06/14/2018
Notice that the asset is more a security if it is “sold as part of an investment - to non-users - by promoters.”
Clearly, #LBC users w/in the @LBRYcom Blockchain who didn’t purchase the tokens from LBRY or its executives DO NOT FIT with what Hinman articulated.
Here is how the Judge could give Ripple an outright win. People are focusing on the pre-1933 Blue Sky argument. That argument is for the 2nd Circuit and Supreme Court. I don’t believe Judge Torres agrees with that argument although the current Supreme Court could.
I’m not saying it will happen. I’m just addressing Jay’s concerns or thoughts.
The judge could absolutely get around Ripple’s sales of #XRP b/c the SEC didn’t go transaction by transaction applying the Howey test to each transaction. Instead it went w/ what I wrote in my brief.
Essentially the SEC is applying the old “But For” causation test in this case. The SEC essentially argues but for Ripple executives (Jed, Chris) creating XRP, XRP wouldn’t exist. But for Ripple helping create a secondary market for XRP, a secondary market wouldn’t exist.
Remember, initially the SEC argued that @Ripple was the common enterprise. Two things then happened: 1) Ripple forced the SEC to admit owning #XRP gives #XRPHolders ZERO rights or interest in Ripple and Ripple owes #XRPHolders absolutely nothing; and
2) #XRPHolders became amici a year and half BEFORE anyone else filed an amicus request and we submitted 3K affidavits stating that the majority of first time purchasers of #XRP were unaware of the company Ripple, thousands acquired #XRP for non-investment reasons,
It was my opinion, that if the emails were extremely valuable to Ripple AND extremely damaging to the SEC, the SEC would settle BEFORE turning over the emails, drafts and comments.
That didn’t happen.
Instead, Ripple has now cited the Hinman emails in its opposition Briefs.
Although the SEC asked the Judge to seal the documents, if the judge considers the Hinman speech emails in her decision in any regard, the emails and documents become “judicial documents” and the Judge will order the documents to be filed on the public docket w/a few redactions.
The proposed language could theoretically allow the SEC to reach into the secondary market and prevent transactions from people who are only users of the platform who never acquired #LBC for investment reasons.
For example, the SEC could NEVER satisfy the Howey test as it applies to @naomibrockwell’s use of #LBC. The SEC stipulated that there are many #LBC holders who only use LBC for the platform, never considering it an investment yet the SEC refuses to issue a no-action letter. 🤔
Goldman @GaryGensler will sue an exchange(s) claiming most of the tokens are unregistered securities and the crypto market will crash further. Incumbent players will get to buy in and get a larger share. Maybe JPM or GS gets a piece of @coinbase. 🤷♂️
Fidelity, with $10T AUM, files trademark applications for an #NFT marketplace and #crypto trading services. HSBC files a trademark for a virtual currency exchange.
@cvpayne and I discussed this on his show Making Money. Listen to what @GaryGensler said at @MIT about incumbents.
Listen to what @TimDraper said to Goldman Gary in 2018: 👇
I’ve been saying for a year that this was the plan. Once the market is at the bottom and the incumbents get a bigger piece, Gary and the SEC will come to the table and workout some form of guidelines or clarity.