I saw the 👇 video and then ran into this sign. Who is Canaan? A #BTC & #ETH mining ⛏️ company that went public. Who brought the IPO? Simpson Thacher - Bill Hinman’s law firm. What was Hinman’s position at the time his firm made these huge fees? Director of Corporation Finance.
Hinman must’ve took precautions to avoid any conflict, right? Wrong!
Look at the👇 emails. On the SAME DAY a letter goes out from Hinman’s Division, Hinman agrees to MEET his partner at Simpson Thacher. I’m sure that’s a coincidence. Some might be thinking: What’s the big deal?
Then you should look at these👇 emails. BEFORE that meeting w/his partner who was bringing the Canaan IPO, Hinman was told that he would be in violation of the CRIMINAL financial conflict laws (18 USC 208) if he even emailed or called his law partners - LET ALONE meet with them.
The reason is simple: Hinman was NOT simply a retiree meeting w/ his old co-workers. He was an ONGOING PROFIT SHARING PARTNER. The more fees his partners earned the more money Hinman made. The man was making 💰 from IPOs and other fees earned by Simpson Thacher WHILE AT the SEC!
Let’s not forget, a year earlier Hinman gave a very UNUSUAL speech where he declared #BTC and #ETH non-securities. We can only describe it as UNUSUAL considering prior to the speech and ever since thereafter EVERYONE at the SEC claims it’s inappropriate to discuss specific tokens
That speech was pretty good news for Canaan and Simpson Thacher and ALL of its PARTNERS (including the ongoing type). It was also great news for #ETH and the members of the #EEA - a group where all members agree to promote the EXCLUSIVE enterprise use of the Ethereum Blockchain.
In case you didn’t know: Simpson Thacher was a member of the #EEA AT THE TIME of Hinman’s speech. I’m sure that’s just another coincidence, right?
I’ve stated that I’ll bet a million dollars Hinman claims he didn’t know about the #EEA membership when he gave his speech.
You see, he has to. When Hinman comes out and eventually speaks on it, I guarantee he attempts to trivialize it (i.e. it was like signing up for Forbes Crypto or other memberships/subscriptions - no big deal).
He must b/c if he knew about it, he admits to violating the law.
Remember when @WarrenDavidson asked @SECEnfDirector if Hinman’s Speech was screened and approved by Ethics? Remember how @GippyGrewal misled Congress by saying the issue was being litigated so he was prevented from answering? 👇
Why wouldn’t @GippyGrewal answer that simple question? I’ve read every document filed in the @Ripple case. There was no litigation regarding whether Hinman’s speech was screened or cleared by the Ethics division.
Here’s the speech distribution list: No one from Ethics is on it!
If that wasn’t enough, I could bring up how Hinman met w/the #ETH founders & investors 6-8 times between Dec 13, 2017 and June 8, 2018. After meeting w/those founders/investors at least one X per month for 6 months straight, Hinman went on #CNBC and said this: 👇
For only a personal speech, Hinman uses the word “we” a lot.
He actually said that when they looked at #ETH, they didn’t see any 3rd party promoters. Then why did he meet w/the founders/investors so many times? Did it take 8 meetings to believe @VitalikButerin had little input?
I could discuss how on March 26, 2018 he was sent a memo written by Perkins Coie lawyer Lowell Ness. Ness has stated he’s been @a16z’s Crypto attorney from the very beginning. Lowell Ness’ 📝 includes a Safe Harbor request for one token: #ETH. This makes complete sense, however.
Lowell Ness’ firm, Perkins Coie, like Hinman’s firm, Simpson Thacher, was also a member of the Enterprise Ethereum Alliance, a membership that promotes the EXCLUSIVE enterprise use of the Ethereum Blockchain. They took the Exclusivity commitment of the membership quite literal.
I could bring up how Lowell Ness bragged that Hinman’s speech “tracked” the @a16z 📝 memo. I guess I could bring up that Hinman is now a partner at @a16z.
(I bet you can see why so many industry players keep a distance from me 😂).
I could bring up how the ONLY SEC Commissioner to get a draft copy of the speech was Hinman’s friend Jay Clayton. Yes, that’s right, the SEC Commisoner labeled “Crypto-Mom”, @HesterPeirce never got to read the most significant speech involving Crypto before Hinman gave it.
I could bring up how Clayton took a position at One River immediately after leaving the SEC and after filing a lawsuit claiming ALL #XRP sales were sales of securities and how One River made a $1B bet on two Crypto assets. You wanna guess which two? Say it with me: #BTC & #ETH.
If I got into all the other conflicts of interests and appearances of impropriety (Clayton voting for enforcement 🆚 his law firm’s client’s biggest competitor or Marc Berger also leaving for Simpson Thacher) it might distract or take away from the clear Hinman violations.
Unfortunately, we’ve become accustomed and desensitized to the revolving🚪at the SEC. But if you believe in the SEC you should want the Hinman violations formally investigated. If you’re an #ETH holder, like me, you can’t excuse it just b/c it helped the token of your choice.
If you’re a Democrat you can’t just object and support investigations when it involves the other side. The same applies to the Republicans. The lack of managing conflicts has gotten so bad in this Country that Senators and Representatives trade with clear insider information.
Think about how bad its gotten. Not too long ago, we had a Secretary of State and her family foundation accepted monetary contributions from foreign nationals tied to foreign governments. On what 🌏 should that be accepted?
It’s b/c each side does this shit and it has to stop. You can’t excuse it because your party is in charge. @GaryGensler has met 7-9 times with Vanguard since being Chairman of the SEC and Vanguard manages 90% of his $120M fortune and no one bats an eye at it. It’s absolutely 🤮
Btw, if you want actual dates and times regarding some of the Hinman contacts see below. Remember, his own SEC emails CONCLUSIVELY PROVE he met 3 times with his law partners AFTER being told if he did, it violated criminal law statutes. What more is needed for an investigation?
Read this short 🧵 please. When you look at all the other SEC-LIT-EMAILS cited in Ripple’s opposition, they are redacted. The one about there being reasonable grounds to not believe XRP satisfies all the Howey factors is not redacted.
The SEC wanted all statements by SEC staff redacted and it appears they all were. What this tells me is that the statement about XRP not satisfying Howey is NOT a direct quote from a senior SEC official - otherwise it would be reacted.
I’ve concluded that that statement was made by a market participant independent of Ripple not the SEC but it was referenced by someone in the Hinman emails, or the 3rd party email was forwarded to Hinman or the email group discussing the Speech.
Since noticing this, I’ve been racking my 🧠 about two things: 1) why wouldn’t @Ripple lawyers make a much bigger deal about this (and not just include it in a footnote); and 2) how tf did I miss it before today (although to be fair I’ve read thousands of pages and do have a job)
I think I know how I missed it. Here’s the page before, now read the sentence ending with footnote 33. The sentence says “other market participants” independent from Ripple sent the SEC analyses of XRP, concluding XRP was not a security. That first citation is not the emails.
Then the next citation immediately following, cites to “SEC-LIT-EMAILS” which are the Hinman emails. You can go further down and see them referenced again with the redactions. Therefore, this quote appears to be from the Hinman emails.
Anyone familiar with Mandamus writs will not be surprised by the SEC’s response. The Coinbase Writ is asking for an Article III Judge to tell an Officer of the Executive Branch to do his job. Of course, the SEC will argue that it has total discretion to do the job as it sees fit.
The @coinbase Writ was very smart strategy. For one, SEC lawyers (and most federal prosecutors for that matter) are great at playing offense but suck when you fight back and put them on their heels. The SEC has to respond and when they do we have it in writing forever.
When I filed my Writ of Mandamus, I knew it was a long shot to say the least, and many jumped to predict how I was going to lose - like people are now with the Coinbase Writ. But the SEC’s response forced them to commit to certain things (e.g. their bullshit embodiment theory).
A lot of comments about whether this delay is for settlement discussions. If the Hinman emails were going to lead to a settlement it would’ve been before they turned them over to Ripple. IMO, the SEC has accepted that the Hinman emails are eventually going to be made public.
@RoslynLayton intervened for the purposes of the public getting to read these documents. Judge Torres said her motion was moot b/c the documents must be made public. The 2nd Circuit will NEVER overturn that ruling. @dragonchain, @coinbase, etc will all seek these documents.
The SEC just filed a joint request for a one week extension based on the fact that there are so many documents that must be carefully redacted to satisfy her ruling. I seriously doubt the SEC would ✍️ that and then file an appeal or writ of mandamus. The documents are coming.
Remember, we haven’t seen the the 56.1 statements and counter statements filed by the parties. The 56.1 statements and counter statements is where each party cites indisputable facts and evidence supporting their position for summary judgement.
Thus, it is very difficult for anyone, including me, to accurately weigh specific evidence submitted by the SEC and @Ripple. For example, every one knows that Ripple’s Blue Sky argument is that there must be an underlying contract before the Judge can even apply the Howey test.
However, in its summary judgment brief, Ripple admits that there were #XRP sales made by Ripple that did have a written contract as part of the sale. Ripple argues that b/c those contracts did not obligate Ripple to take post-sale actions for the benefit of the #XRPHolder,
“The SEC asks this Court to validate its shorthand and analytically lazy contention that Ripple has engaged in the functional equivalent of a nine year-long, on-going, 24/7 ICO, and that each and every sale of XRP, from anywhere in the
world, offered by anyone, including amici, was, is, always has been, and always will be, the offer and sale, of a security. ECF 640 at 49-50 (“a purchase of XRP WAS an investment of money into a common enterprise with other XRP investors and with Defendants.”) (emphasis added);
Id. at 2 (“a purchase of XRP IS an investment in a common enterprise with other XRP holders and with Ripple.”) (emphasis added); also, ECF 153 at 24 (“The XRP traded, EVEN IN THE SECONDARY MARKET...TODAY represents that investment contract.”) (emphasis added).