Today, the Federal Court for the Northern District of California ruled, as matter of law, that none of the tokens trading on Kraken are securities.
This is a significant win for Kraken, for the principle of clarity and for crypto users everywhere. It also confirms Kraken’s long-standing position that it does not list securities. 1/
6/ The SEC unqualifiedly lost on this “tokens are securities” theory, and will not be permitted to rely on it going forward.
Instead, it will need to prove, for every alleged transaction on Kraken, that the Howey Test factors are satisfied.
They aren’t, and we look forward to proving this in discovery. Kraken will fight and Kraken will win.
As a Husband, Soon-To-Be Father & Libertarian determined to help SAVE AMERICA, I've been absolutely DISGUSTED with many responses from Trump Simps, to people like @ThisIsKyleR, @joerogan & @Timcast DARING to differ!
If you agree with my Video Post, please Like & Share! 🤝📜🇺🇸
🚨NEW: A big win for clarity over secondary market sales of digital assets:
District judge Amy Berman Jackson has just dismissed the @SECGov’s claim that secondary sales of @binance’s $BNB token qualify as securities under the Howey test, citing @Ripple’s Judge Analisa Torres opinion that the economic reality of the tokens' transactions mattered when applying Howey.
In her opinion, she states:
“…the government’s reliance on the assertion that "the crypto assets are the embodiment of the investment contract," and its argument at the hearing about the nature of the technology and the interdependence of the platform and the performance of every token, is not enough, standing alone, to bring secondary sales of BNB under the investment contract rubric.
Moreover, the agreement is somewhat inconsistent with the singular theory the
government has been advancing since this action was filed: we aren't saying that the coins are securities - we are talking about investment contracts.”
Full decision here:
https://t.co/W2GXjaoZ8Z
Twelve years ago, @ewarren promised Massachusetts’ voters she would go to Washington and hold the bankers and banking industry accountable for their continuous illicit conduct.
Recently, Jamie Dimon, CEO of the nation’s largest bank, @jpmorgan, testified, rather, I should say - “testi-lied” - before the Senate Banking Committee, of which, Senator Warren is a member.
I was waiting for @ewarren, a self-proclaimed fighter for consumers, small investors, and women, to show up and ask tough questions of Dimon and the banking industry, especially as it pertains to his bank, JP Morgan Chase. I’m still waiting.
For example:
“To date, JPMorgan Chase has paid a total of $39.68 BILLION in fines to resolve enforcement actions including securities abuses, banking violations, investor protection violations and other offenses.” 👇
https://t.co/dV48EcHGeU
We’re talking about $40 Billion dollars for illicit financial activities - against ONE BANK!
When you add in @BankofAmerica, @WellsFargo , @DeutscheBank@HSBC, @GoldmanSachs, and others, the fraudulent conduct, including money laundering for terrorists, and drug cartels, is staggering.
For example, HSBC Bank USA laundered $881 million for notorious drug cartels like the Sinaloa in Mexico and Norte del Valle in Colombia. 👇
https://t.co/d4arr8ENia
Yet, Senator Warren failed to ask a single question about any of this criminal activity. Instead, she asked questions solely related to her own political agenda - trying to ban the self-custody of #Bitcoin and other Crypto assets in the United States.
Since she claims to be a fighter for women, I was also waiting for her to ask questions about how JP Morgan Chase financed Jeffrey Epstein’s child sex trafficking operation. In fact, JP Morgan settled with the U.S. Virgin Islands for $75 million, over a lawsuit “accusing the nation’s largest bank of facilitating Jeffrey Epstein’s sex-trafficking enterprise for 15 years.”👇
https://t.co/9roFmfiyf9
JP Morgan also paid $290 million to “sexual abuse victims of Jeffrey Epstein who claimed that the bank ignored warnings.” 👇
https://t.co/wYTreBzz46
Yet, Senator Warren focused all her questions on Crypto of all things. Why has she remained silent on all of this? Is it because her friends or donors were involved? Many high profile politicians and individuals have been known to visit Epstein’s island. Her silence has been deafening to the victims.
Another example of @ewarren’s SELECTIVE OUTRAGE:
We know how much she hates crypto. In fact, when she announced she was running for a third term, she said she was building an anti-crypto army. Yet, she hasn’t asked @GaryGensler, a career banker himself, about his private meetings with the biggest Crypto fraudster of all - @SBF_FTX.
Is it once again, because her colleagues are involved? Gensler’s is a big time Democratic donor and operative. In the 2008 presidential campaign cycle, Gensler served as a senior advisor to Hillary Clinton's presidential campaign and later advised the Obama campaign. In May 2015, Gensler was named chief financial officer of Clinton's campaign for president. Also, Gensler’s daughters worked on Senator Warren’s campaign.
On top of that, SBF’s dad, Joe Bankman, was the architect for Senator Warren’s tax plan when she ran for president. SBF’s mother, Barbara Fried runs a super PAC called Mind the Gap, which supports progressive candidates, who share Elizabeth Warren’s political ideology.
12 years ago she went to D.C. to hold the big bankers accountable. A decade later, those same bankers write her bills. Her latest anti-crypto bill was written by the Banking Industry itself.
Below is a perfect example of the type of Washington corruption people are sick and tired of and one reason, of many, of why I’m going to retire Elizabeth Warren.
It’s critical that the US catch up with other leading economies and develop sensible (and CLEAR) rules for crypto.
Ripple’s latest $25M contribution to Fairshake is an investment in the inevitable march of progress and adoption of Crypto and blockchain technologies - the future of finance - and a message to backward looking politicians that their failed policies will not be tolerated!
https://t.co/H7TauQCBfj
Crypto has emerged as a pivotal issue in the 2024 elections. @Ripple will continue to support policies, and policymakers, that move the U.S. forward. We must catch up to other major global centers that have committed to clear rules of the road for the industry.
JUST IN: A dozen Democrats and 48 Republicans voted in favor of a resolution repealing the SEC's controversial Staff Accounting Bulletin 121 on Thursday. The House voted in favor of the resolution last week.
@jesseahamilton@nikhileshde report
https://t.co/81bKUliQcI
Retirement age is 67.
Life expectancy is 77.
Work 50 years to enjoy 10?
Let that sink in for a minute.
We have to shift this mindset ASAP.
Retirement is a financial goal, not an age.
Gensler’s SEC has repeatedly acted outside the law – not going unnoticed by Judges admonishing the agency for a "gross abuse of the power entrusted to it by Congress" (DEBT Box case) and for acting without "faithful allegiance to the law" (Ripple case). Let’s not also forget Gensler’s lack of attention to SBFraud.
The Department of Energy officially withdrew its crypto mining usage survey today, a win for crypto mining and the entire crypto asset community.
I will continue to fight back against this blatant government overreach to ensure crypto is not unfairly targeted by the Biden admin.
As @CelsiusNetwork starts expanding recoveries. It seems a big chunk of these creditors recoveries are being split in more than 1 email. 1 code/email for BTC & another for Eth. #Celsiusnetwork
Earn Update: Late yesterday, Genesis filed a Motion Authorizing Sale of Trust Assets. This is an important step forward following the approval of the Grayscale Bitcoin Trust (GBTC) as an exchange-traded product (ETP) on January 10th. As detailed in the motion, Genesis is seeking Bankruptcy Court authorization to monetize its interests in GBTC, the Grayscale Ethereum Trust (ETHE), and the Grayscale Ethereum Classic Trust (ETCG). To facilitate upcoming distributions to Earn users (which will only be possible once the Plan is confirmed), the motion also seeks authority for Gemini to monetize the Initial Collateral (30,905,782 shares of GBTC) it holds for the benefit of Earn users. Genesis has requested an expedited hearing on the motion on February 8, 2024, at 11am ET.
Read our full update https://t.co/89HTYDRuHR
I am going to make one post about this. It will probably be my longest post. And then I won't comment again.
The subject is Celsius and CeFi.
@Mashinsky - You said Unbank Yourself with Celsius.
You scammed a lot of people. You hurt a lot of people. You are not the same as BlockFi (I was an investor in BlockFi). You are the same as @SBF_FTX though. Dirt bag scammers who suck and deserve the misery only a jail cell can give you. Because I can't face you in an arena like a gladiator (which I would gladly choose to face you and Sam together, with crude weapons and armour and handle this issue as men) I am left to tweet this at you. You both suck. Really suck. Fucking suck.
TradFi folded - SVB's unexpected demise kicked off a historic year for bank failures. The banks that went under had $548.7 billion of combined assets, the largest total ever in a single year — outpacing both 1984, when Continental Illinois failed (Bank of America eventually bought the remnants), and 2008, when Washington Mutual collapsed (JPMorgan Chase purchased what was left).
The regulators stepped in and made the depositors whole. They protected the VC's. And that was that.
These same regulators allowed CeFi to collapse and stranded the deposits welcoming a Bankruptcy processes that stole these funds from the depositors under shady TOS and allowed Bankruptcy attorneys to have a field day and get rich.
So fuck you also Gov Regulators for not saving the depositors in CeFi. These depositors were mislead. They were victims of FRAUD by @SBF_FTX and by @Mashinsky who both follow me at this point and I hope you read this fucking Twat bags.
Stealing someones retirement is in my opinion one of the worse crimes imaginable. It is worse than death. It is stealing life. Stealing time. Stealing a plan. Stealing something that you have no right to have. IT is stealing all the good things that someone does with their most valuable asset; Time.
I am heartbroken for all the Celsius depositors that lost so much. I am heartbroken for all the CeFi depositors that lost so much. I will never forget what the regulators did to this space and how they regulated through enforcement actions and did not provide guidance or step in like they did with TradFi and SVB etc.
I beg you two to face me in an arena of battle, anywhere in the world. As men did in a more noble time.
In a place where mutual combat laws exist. Anywhere in the world. Do this for the Celsians. The Voyager Depositors. The BlockFi Depositors. The CeFi casualties. Anytime. Anyplace. I am ready.