The most common misstatements on the Ripple / XRP ruling corrected, with citations and source references:
"The SEC has won most of the case. This ruling is a major blow for Ripple and XRP Holders."
This is false. The SEC only prevailed on one single aspect - Ripple's early institutional sales of XRP. Meanwhile Ripple prevailed in all other sales categories. This can be considered a major win for Ripple and XRP holders.
- "XRP, as a digital token, is not in and of itself a “contract, transaction[,] or scheme” that embodies the Howey requirements of an investment contract." (Page 15)
-"Ripple’s Programmatic Sales of XRP did not constitute the offer and sale of investment contracts." (Page 25)
- "Ripple’s Other Distributions did not constitute the offer and sale of investment contracts." (Page 27)
-"Larsen’s and Garlinghouse’s offer and sale of XRP on digital asset exchanges did not amount to offers and sales of investment contracts." (Page 27)
"The court says that XRP is a security that can't be traded freely on exchanges."
The court made the determination that XRP in itself is not a security, while not ruling on transactions that were not before the court, she declared Ripples sales of XRP on exchanges not to be securities sales, which indicates that blind selling / buying on secondary markets are not to be considered securities offerings too.
-"Programmatic Buyers could not reasonably expect the same. Indeed, Ripple’s Programmatic Sales were blind bid/ask transactions, and Programmatic Buyers could not have known if their payments of money went to Ripple, or any other seller of XRP." (Page 22)
- "Having considered the economic reality of the Programmatic Sales, the Court concludes that the undisputed record does not establish the third Howey prong." (Page 23)
- "XRP, as a digital token, is not in and of itself a “contract, transaction[,] or scheme” that embodies the Howey requirements of an investment contract." (Page 15)
"The court prohibits Ripple from selling any more XRP to fund their business."
The ruling does not prohibit Ripple from selling XRP. It only found one category of sales (institutional) to be improper. Ripple can continue to sell XRP through other means like programmatic sales.
- "Having considered the economic reality of the Programmatic Sales, the Court concludes that the undisputed record does not establish the third Howey prong." (Page 23)
- "Ripple’s Other Distributions did not constitute the offer and sale of investment contracts." (Page 27)
-"Larsen’s and Garlinghouse’s offer and sale of XRP on digital asset exchanges did not amount to offers and sales of investment contracts." (Page 27)
A huge win today – as a matter of law - XRP is not a security. Also a matter of law - sales on exchanges are not securities. Sales by executives are not securities. Other XRP distributions – to developers, to charities, to employees are not securities.
#XRPHolders 🆚 @SECGov 🆚 @Ripple
THESE ARE THE FACTS AND THEY ARE NOT IN DISPUTE:
Mar. 23, 2017: Clayton agrees to recuse himself from voting on any matter related to his law firm’s (Sullivan & Cromwell) clients;
Nov. 30, 2017: Lubin & Consensys announce the Brooklyn Project
1/ It’s been 5 years since Bill Hinman gave his infamous speech – and through the SEC’s lawsuit against @Ripple (and 7 court orders), we can finally share what happened behind the scenes through the now public emails / drafts of the speech.
“I feel that as a shareholder, there has been material harm,” said one early former employee. “And, to this date, it hasn't really been acknowledged. Prior to us getting some momentum in Swiss courts, [the company] wouldn't even talk to us.”
https://t.co/bdN5Detpys
A thread on XRP price, without discussing price, because I don't do that. So why doesn't XRP go up with all the announced partners? 🧵
(A long, amateur twitter essay.)
After FTX's insolvency, many on Crypto Twitter said @cryptocom is next...
The CEO of #CryptoCom just held an important AMA
Here are the 10 most important statements of him:👇
The ETH transfers that generated so much FUD & speculation on Twitter today were made over three weeks ago, on October 21st to https://t.co/pFc4Pz9nFR’s whitelisted corporate account at https://t.co/Mr9GCkL2gV.
#XRPCommunity#XRP 1/3 Here’s the SEC’s argument, as I interpret it.
“We aren’t saying XRP is a security per se. What we are saying is that any purchase of XRP, as a matter of economic reality, is an investment in a common enterprise with other XRP holders and with Ripple.
Furthering my tweet discussion w/ @MoonLamboio@Belisarius2020@attorneyjeremy1 etc.,
THIS IS THE BASIC SUMMARY JUDGMENT ARGUMENT BY THE @SECGov:
“The economic reality: @Ripple funded its business by touting XRP’s profit potential, selling and distributing XRP
Everything we know about the UK and their relationship with @Ripple and $XRP.
I thought I'd show you what I know on this one following the recent enjoyment of my findings regarding India.
Again, this is fact and speculation.
Grab yourself a hot Coffee ☕️ and enjoy!
🧵Below👇
A HOWEY TEST ANALYSIS 🧵:
ONE YEAR LATER
Does #XRP pass the Howey test?
In order to pass the Howey test and be considered an investment contract (aka security), 4 factors MUST be satisfied. If ALL FOUR factors are not met, the instrument or asset is NOT a security.
ETHGATE: Was there a conspiracy to hold Ripple back from first mover advantage in the cross border payments space?
🧵A thread breaking down this theory, and how various players * may* be involved (subject to change as new details unfold)
Great insight from former Rep. Todd Tiahrt in @realclearpolicy - "The @SEC has manipulated the absence of regulatory clarity of blockchain technology to justify going beyond its authority." https://t.co/8esHUIcHhk
Cronos is among Top 10 chains by TVL on @DefiLlama 🥳
1.5 months since Mainnet beta launch, $1.5 billion TVL, 19 DeFi projects live
Build with us and join this growing ecosystem 🙌
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