Argument that there must be a contract to have an investment contract the SEC cited a number of cases in which to one degree or another there was no formal written agreement the argument here is that how he covers almost any investment purchase what the SEC is really arguing is that prongs 2 3 And 4 when taken together supplant the need for the elements of a legal contract in other words Howie doesn’t require a formal contract because the common Enterprise and expectation of profits is the contract analysis unfortunately for ripple the SEC had early success in crypto cases on this Issue in cases in which the crypto companies did not raise the post-loss obligation issue luckily for ripple judge Torres hasn’t put too much weight so far on what her colleagues have done looking at the sec’s counter arguments and cases you can see why lawyers think that Ripple raised this issue with an Eye towards obtaining an appellate ruling I disagree there is enough in the Ripple briefs for the trial judge to rule in its favor it rests on one thing decentralization the reason why the other case is lost is because looking at the purchase of the crypto from a traditional standpoint it smells like The strange type of investment purchase that Howie is supposed to capture but it’s not because in a traditional purchase it would make no sense for someone to buy an asset without having some legal recourse if the seller screwed you over but a traditional purchase is made from a centralized Entity historically sales of Securities are from centralized sellers the difference in crypto is that it does make sense to purchase crypto because it is decentralized no one owns the network and so it makes sense that someone might purchase xrp as an investment without having a contract with anyone this is The key differentiator and this is why I believe that if the judge or her wonderful law clerk understands the technology Ripple will win on this issue if the judge doesn’t grasp what crypto is well then we might be looking at an appeal of this issue But this is the Line in the Sand this is the issue that saves crypto in the U.S because a ripple win on a Howie analysis is a big setback for the SEC but not a dagger in the heart but it’s not a no-brainer the Howie test isn’t outdated It just needs an upgrade hopefully our mechanic is up to the task amazing in-depth thread from attorney Hogan in short he is saying Ripple will win the case unless the judge is being paid or some corruption happens the technology should win in the long run attorney Deaton says Ripple case ruling might Prove to be crypto’s biggest week Bitcoin over 30k today eth’s Shanghai update tomorrow a great and fantastic ruling from Judge Torres in the Ripple case next could prove to be crypto’s biggest week ever so as you guys know Bitcoin broke the critical 30 000 level on Tuesday after investor sentiment Improved and get this ethereum’s chappella hard Fork also known as the Shanghai upgrade is happening on April 12th this upgrade will allow users to access staked eth which is a long-term positive for ethereum as for the Ripple lawsuit Deaton hopes that the decision will come out within The next hour but it could take 30 to 60 days judge Torres usually issues her summary judgment ruling a couple of months after her doberra expert’s decision Deaton gave an example of a previous case where it took 60 days for judge Torres to issue a summary judgment ruling another good news for ripple Montenegro confirms Ripple as its cbdc project partner so here’s the deal James Wallace from riplex talked about a new project they’re starting up basically they want to figure out how to use a national stablecoin or cbec in real life they’re going to do this project in stages starting with a Sandbox where They can test it out in a controlled environment the Ripple developers will work with the Central Bank of Montenegro to figure out the best ways to use the digital currency and make it work the governor of the Central Bank of Montenegro radoche zugich also mentioned that they’re going to have to work with The government and some smarty pants academics to get this thing going from Eleanor tarrett the fox journalist new Texas BTC mining giant Riot platforms calls out New York Times for what it calls the outlets politically motivated attack on Bitcoin mining read Riot’s response and rebuttal to the Times article below This is because Bitcoins are made using electricity partially generated by gas and coal-fired power plants when burned coal and natural gas emit greenhouse gases which heat the Earth and change the climate as of 2022 such Bitcoin mining is estimated to be responsible for 0.1 percent of world greenhouse gas Emissions yes the solution is xrp and now see what Robert F Kennedy Jr is saying another long thread the claim that fed now is not the first step toward a cbdc would be more easily digestible were we not aware of the Biden administration’s steady barrage of hostile broadsides against cryptocurrencies Between 2008 to 22 the FED partnered with a handful of big Banks to print ten dollars trillion 10 centuries of wealth in 15 years a bonanza for the banksters cryptocurrencies like Bitcoin give the public an escape route from the splatter Zone when this bubble invariably bursts So the White House is colluding with the banksters to keep us all trapped in the bubble of profiteering and control in his February 8th post on pirate wires Nick Carter describes how the White House has organized Bankers to participate in a sophisticated widespread Crackdown to destroy the crypto industry Carter describes 15 incidents where President Biden has weaponized FDIC OCC plus doj to force crypto-friendly Banks to close their doors to crypto firms since December 3rd the recent Crackdown on crypto blocks exit ramps removes alternative rails and strengthens government control over both the financial and political systems we Should be wary since cbdcs are the ultimate mechanisms for social surveillance and control as Balaji srinivasan says the distinction between fednow and a cbdc is important from a technical standpoint but not from a civil liberties standpoint Balaji compares fednow to a virus that has evolved to evade recognition by changing Its sequence Without Really changing its function so one key difference between crypto and CBC is their level of decentralization crypto is fully decentralized and operates outside of traditional Financial systems while cbdc is centralized and operates Within These systems this makes cbdc’s more suitable for governments in central banks that want To maintain control over their currency and monetary policy and we all know government want to control the mass people so Federal Reserve is saying the Federal Reserve has made no decision on issuing a central bank digital currency and would not do so without clear support from Congress and executive branch ideally in The form of a specific authorizing law a cbdc would not replace cash or other payment options and Congressman Warren Davidson said let’s be clear the Federal Reserve does not have the legal authority to implement a central bank digital currency there is strong bipartisan opposition in Congress to a central bank digital currency Sound money is essential for defending freedom cbdc is orwellian nevertheless there are people highly committed to implementing this dystopian tool for coercion and control they simply try to do this and they try to say that they’re for social justice so we recognize that as a threat to Freedom in the State of Florida we also recognize a threat to government colluding with some of these folks and one of the things we’re going to ban in Florida this year is the idea of a central bank digital currency that they’re trying to do this is something from Wall Street Silver they want Everyone fighting the culture wars while they bring in the Central Bank digital currency cbdc without anyone objecting the cbdc will enable total control over your life and what you do with your money most people are missing the real story just my opinion Ripple and xrp not on Fortune crypto 40 list and the digital asset investor said this Fortune clown blocked me pure crypto propaganda Ripple not even on the list basically they’re not going to acknowledge Ripple for anything until xrp gets its act together and once that happens they’ll act like they were the ones who found Ripple and Xsrp and that they’re saving innovation in the U.S we all know Ripple have been working hard on making it easier to do payments and settlements across borders some big Financial players like bitso and fomo pay have been using their cool solutions for this and even central banks are teaming up with ripple for Digital currency projects they’ve partnered with over 20 central banks including the Central Bank of Montenegro but weirdly enough Ripple didn’t get any love from Fortune Magazine in their latest crypto 40 list even though they’re doing some pretty Innovative stuff people think it might have to do with an Ongoing lawsuit they have with the SEC now have a look gold and JP Morgan in 2020 JP Morgan was fined 920 million dollar for manipulating the gold and silver markets between 2008 and 2016.what many people don’t know at least 10 central banks held their medal in vaults Run by JP Morgan in 2010.remarkably late last year we learned that JP Morgan had been trusted with the responsibility of safeguarding the gold reserves of the world’s largest exchange-traded fund within its vaults they are now guarding a part of the fund’s more than 50 billion dollar of bullion The ties Run Deep for JP Morgan and the gold industry eventually want to get rid of most banks now the the big ones are too big to fail but in the end objective is to essentially wipe all of the banks out so that your bank will be the Federal Reserve everything will be Centralized and again this is not really about the money although of course it is this is about power and control because the government such as it is will have access to all of the information related to every single transaction you make you buy a stick of gum the government will Know you buy a new car the government will know oh you bought the wrong car you didn’t buy an EV now you’re going to get penalized so in the end Sean this is really a move toward a CCP style social credit system and they’re using this move to a central bank digital currency As the biggest lever to try to get us there it’s important note that that uh other cryptocurrencies like Bitcoin is decentralized this will be centralized within the government Bitcoin is a is a a technology for Freedom this is a technology for control I mentioned this Before I brought my I brought my prop I got a 20 bill I can use this 20 Bill however I choose for for meat for guns for even illicit purposes but when the government controls the dollar they can control as as the as uh as we talked About in the report whether you can buy a firearm how much gas you can buy how much electricity you can buy can you buy meat or do you have to buy bug-based meat they can control everything that you purchase with a digital dollar and whether you can purchase anything Ventilic buterin one of the founders of the ethereum ecosystem he was on a panel at a ripple event and the question he was asked was who is the competition and he pulled out a 20 Canadian Bill and said this is the competition I couldn’t disagree more your vitalik one of the Founders of the ethereum ecosystem he he was on a panel at a ripple event and the question he was asked was who’s the competition and he pulled out a 20 Canadian Bill and said this is the competition I couldn’t disagree more the the combat if we go Out and say we’re going to attack the system or attacking Fiat at the same event we had Ben Bernanke come and speak and he’s like look Central governments will control M1 money supply this is fundamental to being a Sovereign Nation and so this idea that we’re I mean I Agree with Katie like I don’t call it cryptocurrency I refer them as digital assets cryptocurrency suggests I’m going to go to Amazon and buy things with this from dark Defender if you see xrp above 60 cents get ready for 89 cents directly and even three dollars in days so be Alert guys something is really Brewing xrp price today is 0.51 with a 24-hour trading volume of 7.49 billion dollar and market cap of 25.76 billion xrp price Changed by minus 1.22 in the last hour 0.43 in the last 24 hours and 2.86 in the last week so that’s it for today Subscribe if you enjoy the content XRP RIPPLE : ATTORNEY REVEALS THIS ! MIGHT BE A PAINFUL ENDING FOR SEC! CBDC ! XRP NEWS TODAY IN THIS VIDEO WE HAVE TALKED ABOUT XRP NEWS, XRP, RIPPLE XRP NEWS, DIGITAL ASSET INVESTOR, JEREMY HOGAN, XRP BAGS, MOON LAMBO, ETC.From attorney Jeremy Hogan .
Long thread ahead.A lot of comments re the below thread suggested it’s a “no-brainer” and asked, why is it taking the Judge so long? Not true.This is a nuanced legal battle on which the future of “crypto” as we know it may hinge.
In response to Ripple’s argument that there must be a “contract” to have an “investment contract,” the SEC cited a number of cases in which, to one degree or another, there was no formal written agreement.The argument here is that Howey covers almost any investment purchase.What the SEC is really arguing is that prongs 2,3 and 4, when taken together, supplant the need for the elements of a legal contract.
In other words, Howey doesn’t require a formal contract because the “common enterprise” and “expectation of profits” IS the contract analysis.Unfortunately for Ripple, the SEC had early success in crypto cases on this issue in cases in which the crypto companies did not raise the “post-loss obligation” issue.Luckily for Ripple, Judge Torres hasn’t put too much weight so far on what her colleagues have done.Looking at the SEC’s counterarguments and cases, you can see why lawyers think that Ripple raised this issue with an eye towards obtaining an appellate ruling.I disagree – there is enough in the Ripple briefs for the trial judge to rule in its favor.It rests on ONE thing.
DECENTRALIZATION.The reason why the other cases lost is because, looking at the purchase of the crypto from a traditional standpoint, it smells like the strange type of investment/purchase that Howey is supposed to capture.But it’s not.Because in a traditional purchase it would make no sense for someone to buy an asset without having some legal recourse if the seller screwed you over.
But a traditional purchase is made from a centralized entity.Historically, sales of securities are from centralized sellers.The difference in crypto is that it DOES make sense to purchase crypto, because it is decentralized.No one owns the “network”.
And so it makes sense that someone might purchase XRP as an investment without having a contract with anyone.This is the key differentiator.And this is why I believe that if the Judge (or her wonderful law clerk) understands the technology, Ripple will win on this issue.If the Judge doesn’t grasp what “crypto” is…well, then we might be looking at an appeal of this issue.
But this IS the line in the sand.THIS is the issue that “saves” crypto in the U.S.
because a Ripple win on a Howey analysis is a big setback for the SEC, but not a dagger in the heart.But it’s not a no-brainer.
The Howey test isn’t outdated, it just needs an upgrade.Hopefully our mechanic is up to the task.Amazing in depth thread from attorney Hogan.In short he is saying, ripple will win the case unless the judge is being paid or some corruption happens.
The technology should win in the long run.Attorney deaton says, Ripple Case Ruling Might Prove to Be Crypto’s Biggest Week.Bitcoin over 30 K today.ETH’s Shanghai update tomorrow.
A great and fantastic ruling from Judge Torres in the Ripple case next could prove to be Crypto’s biggest week ever.So, as you guys know, Bitcoin, broke the critical 30,000 level on Tuesday after investor sentiment improved.And get this, Ethereum’s Shapella hard fork, also known as the Shanghai upgrade, is happening on April 12.This upgrade will allow users to access staked ETH, which is a long-term positive for Ethereum.As for the Ripple lawsuit, Deaton hopes that the decision will come out within the next hour, but it could take 30 to 60 days.Judge Torres usually issues her summary judgment ruling a couple of months after her Daubert/experts’ decision.Deaton gave an example of a previous case where it took 60 days for Judge Torres to issue a summary judgment ruling.source.
