This is what you call flat out gas lighting or clueless on how to read a legal decision. Judge Torres’ ruling never said secondary market sales are not securities. She only said what you must do: you MUST apply the Howey factors to each transaction of the asset when deciding whether there is an investment contract, transaction, or scheme.
The correct answer, under the law, is a token sold in the secondary market, off an exchange, could be an investment contract - you don’t know until you apply the Howey factors to the circumstances surrounding the sale. Judge Torres used a second sale of the Howey Orange Groves as an example. If the second purchaser bought, not from Howey, but from the first buyer and was completely unaware of the Howey company and all that was communicated during the second sale was “do you want to by my acre of 🍊 groves” and the second buyer said yes and was planning on growing and selling the oranges himself - it is CLEARLY NOT an investment contract.
On the other hand, if the first buyer tells the second buyer: “buy this 🍊 grove and the Howey Company will do all the work for you - all you do is sit back and collect profits doing nothing” - you might have an investment contract.
That’s not even controversial. I’ve never seen so much fud over a simple legal ruling in my life.
What the SEC lawyers are doing is trying to send a message that if you fight back or speak out you will be targeted. Ironically, Office of the General Counsel of the SEC has a policy welcoming or encouraging amicus briefs. But it appears @SECEnfDirector @GurbirGrewalNJ encourages his enforcement lawyers to not only object to amicus briefs, but attack counsel for Amici. It’s shameful.
In the letter to Judge Torres👇 the SEC states that it may seek “further relief” against me - in addition to asking the Judge to throw me off the case. Dear JT: in case you don’t have it: 450 North Broadway, East Providence, R.I. 02914 is the best address for service of process.
BOTH THE SENATE AND THE HOUSE HAVE INTRODUCED LEGISLATION IN AN ATTEMPT TO PROVIDE REGULATORY CLARITY FOR DIGITAL ASSETS.
A good faith regulator would be working with Congress and industry participants to provide a regularly framework that fostered innovation while providing important rules like the segregation of customer funds, a bar and penalty for commingling, 100% reserves, protecting client funds in case of bankruptcy, etc. There are tremendous things a good faith regulator could accomplish in the crypto space.
How do you go from 75% of the crypto market are commodities to everything except Bitcoin is a security?
You become Chairman of the SEC and you’re tasked with bringing an industry to its knees in order to protect and help your incumbent friends.
I’ve watched and fought bullies my entire life. Gensler is the quintessential bully. He’s the boy who didn’t get picked to play the first full court basketball game so he took his 🏀 and left. I’ve talked to people who’ve been in the room with him and he insists on showing everyone he’s the smartest guy in the room - the same child prodigy that became the youngest partner in Goldman Sachs’ history. He’s disliked by everyone.
He was cutting a deal with the biggest fraudster in Crypto @SBF_FTX and ready to give a regulatory advantage to @FTX_Official - an offshore exchange - while screwing @coinbase - an American exchange. @GaryGensler is a bad man. Full Stop.
Some of us have been saying this for over 2 years. It’s a shame that something so fundamental has to be repeated non-stop. But because our elected officials do not educate themselves, it allows the @GaryGensler’s of the 🌎 to ⛽️ 💡 the American public.
No one knows until Judge Torres hands down her decision but Marc’s observation here makes sense. @attorneyjeremy1 referenced this point as well. I’m surprised we haven’t seen a decision by now, but, again, her decision will have a huge impact on blockchain technology in the U.S.
Tucker Carlson has accepted a higher-paying job with more stature as Director of OAN News. He will be no longer controlled by the Elitists. If you think being the #2 rated News show (for years) was achievable, Just imagine what he will do now that the cuffs are off.
The @coinbase filing today is the 2nd Writ of Mandamus filed involving Crypto. I ❤️ the Petition b/c I filed Crypto’s 1st Writ of Mandamus when I sued the SEC asking a judge to order the SEC to do its job and amend the @Ripple Complaint to only include direct sales by Ripple.