Jeremy Hogan
@attorneyjeremy1
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Partner at Hogan & Hogan | Legal Briefs: …
Orlando, FL
Joined May 2018
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On a personal note, I am so happy to see the excitement on XRP-Twitter after the last couple years of frustration.
Breathe it in - that's Justice. That's what lawyers live for.
I am so happy for YOU!
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Congratulations XRP People. By the start of the hearing today the telephone system MAXED OUT at 4k listeners! The Court is very aware of the "High Interest" in the case (quote from Judge Netburn). MISSION ACCOMPLISHED! I need to finish up some pleadings and then home to video!
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LEGAL BRIEFS - the FINALE!
The last briefs have been filed in the Ripple v. SEC case and it is time for major PREDICTIONS.
Who will win?? Watch and find out.
And also a heartfelt "thank you" for your support these last two years. We appreciate you!
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Ripple v. SEC court hearing:
You don't need a law degree to know how that court hearing went. :)
But it's even worse than it sounded. The SEC took a big step backwards on a key issue. Video tonight!
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WOW! Congratulations to you my friends.
What I see from a first read-through:
1. Judge Torres ended up ...splitting the baby! Yes, she finds the sales in which the buyers bought XRP directly from Ripple were sales of securities. That amount is alleged to be $728 million.
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
BREAKING: Judge Torres has issued her Ruling on the Parties Motions for Summary Judgment.
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I'm test driving it as a Christmas gift to myself.
If you think I should buy it, hit the heart button, comment, retweet, or just keep scrolling.
I will abide by the results.
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BOOM! (And I don't use that term lightly)
The SEC's Motion to Strike the Fair Notice Defense is DENIED.
This is the one I've been waiting for.
NOW the SEC has something to lose.
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I nominate for Crypto Attorney of the Year 2023:
STU ALDEROTY and JOHN DEATON.
These two navigated Ripple and XRP holders through the eye of a legal needle.
This case could've gone bad in about 20 different ways. These two steered it through the storm. AMAZING!
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Judge Torres agreed with Judge Netburn on EVERY single issue related to the HINMAN EMAILS.
Relevance: Check
Attorney-Client Privilege: Check
DPP: Check
Some days I'm proud of this profession. :)
#TurnOverTheEmails
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
BREAKING: JUDGE TORRES OVERRULES THE SEC’S OBJECTIONS AND ORDERS THE SEC TO TURN OVER HINMAN DOCUMENTS.
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Very happy to be recognized by the legal community. Please forgive me for showing off this ONE time. :)
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Dear Coinbase,
A nifty little litigation fact: It's only costs about 10-20% more to defend two causes of action as compared to one. Meaning, if you're going to be sued by the SEC anyways, might as well
#RelistXRP
, and risk taking on two lawsuits instead of just one!
-Jeremy
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I guess this makes me an official member of the XRP Army? Thanks
@kaysha
for the hoodie. That's if you want to order your own! Sorry Kaysha, I tried to post this on Instagram but they banned me for being too old and nerdy. :)
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Today marks 49 years around the sun for me. What a trip! I am very thankful I stumbled into this XRP community ... by chance! Very happy to make new friends and gain a new interest (ie. XRP) and it makes my heart warm to see you guys so excited and happy. Congratulations!
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CONGRATULATIONS John Deaton and XRP HOLDERS!.
You now have an official voice in the Ripple v. SEC case.
Amicus Curiae (which is what the judge granted) status allows you to file an official brief which the judge will take into account when making her final decision.
🚨BREAKING: Judge Torres grants amici status to
@JohnEDeaton1
and Movants, and Denies Motion to Intervene in
@Ripple
v.
@SECGov
ADDED to our Document Library:
✅Text of the Order from Judge Torres 👇
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Dear Judge Torres,
I know you've been working on the pending rulings in the Ripple v. SEC case this week. On behalf of myself and certain other interested parties, we'd really like to get those rulings TODAY if possible.
Very Truly,
Jeremy Hogan
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Dear
@GaryGensler
,
We know you understand Ethereum very well. We also understand you recently said that U.S. securities laws are "very clear." Therefore, the millions of Americans who own Ether would like to know the answer to a SIMPLE question: is Ether a security? YES. or, NO.
If crypto is going to be widely adopted, it needs some rules of the road & a cop on the beat to enforce them.
To be clear, I am technology-neutral.
What I'm not neutral about: Investor protection.
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Dear PersonWhoManages
@GaryGensler
Twitter,
Over 4k people liked the below post and Mr. Gensler didn't answer. Would you kindly/briefly ask the Chairman if Ether is a security and post his answer "Yes" or "No?" It's a simple question and would help protect us.
Truly, Citizens
Dear
@GaryGensler
,
We know you understand Ethereum very well. We also understand you recently said that U.S. securities laws are "very clear." Therefore, the millions of Americans who own Ether would like to know the answer to a SIMPLE question: is Ether a security? YES. or, NO.
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@BradSherman
@FoxBusiness
Do you often give a public opinion on a pending legal case without seeing that actual EVIDENCE in the case?
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Judge DENIES the SEC's motion to compel production of Ripple's lawyer opinion letters. Very important because the Judge states Ripple's subjective beliefs re XRP are NOT relevant to the Fair Notice defense, blocking the road the SEC wanted to use to fight the Defense.
#XRPCommunity
#SEC_NEWS
v.
#Ripple
#XRP
BREAKING!! JUDGE NETBURN DENIES SEC'S ACCESS TO RIPPLE'S LEGAL MEMORANDUM, DEALING HUGE BLOW TO SEC.
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New and FINAL FINAL Video!
You didn't think I'd let this beautiful Summary Judgment Order go by without comment? Even on vacation...
I had a blast - thanks y'all!
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This is a HUGE week in crypto law.
The Ripple summary judgment briefs will be filed today (although we won't see them until Monday) and a decision in the LBRY case is expected this week.
These two things will effect the entire space for years to come.
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Coinbase. Relisting. XRP.
We've read Judge Torres' thoughtful decision. We've carefully reviewed our analysis. It's time to relist.
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My schedule today:
1. Coffee.
2. Read Ripple briefs again - this time with coffee.
3. Take family biking and lunch.
4. Coffee.
5. Outline video.
6. Coffee.
7. Shoot video.
8. Coffee.
9. Edit/post video.
10. Beer.
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The SEC's motion for interlocutory appeal DENIED.
Which means, the case either goes to trial in April, or goes away.
AND, this Order allowed the Judge to explain parts of her ruling even better, making appeal that much harder for the SEC to win.
Disaster for the agency.
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
BREAKING: Judge Torres has DENIED the SEC’s Motion to File an Interlocutory Appeal.
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Other than crypto-currency prices...
Today was a good day.
Video tonight!
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MY FRIEND: "XRP is going up past .35 this week."
ME: "No way. If it does, I'll jump in the pool in my work clothes."
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Hey Young Bucks,
If she's with you in the small apartment and '95 Ford, stay with her when you're in the big house and fancy cars. You have a Diamond.
Happy Valentine's Day!
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Coinbase.
Amicus Brief.
Well, heck, if you come out in opposition to the SEC here, might as well relist XRP. Don't you think?
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I bought ALGO because Chair Gensler praised it and its founder back in 2019.
And now the SEC is alleging ALGO is an unlawful security!
Maybe I should just stick to Bitcoin and XRP...
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I would normally be spending this morning making a video about how I messed up the scheduling of the Ripple case.
But instead I will be celebrating the 45th BIRTHDAY of this beautiful lady!
HAPPY BIRTHDAY Thien-Vu - wife, mom, law partner, ride and die.
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One thing I've learned through the years is to never underestimate a man wearing a Bow Tie.
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NEW VIDEO! Ripple v. SEC
Ripple pulls the rug out from under the SEC's Howey argument in summary judgment brief.
Nuff said?
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I'm reading it, but can't quite believe it.
NOW the speech wasn't Hinman's personal opinion at all, but intended to convey the Dept. Of Corp Finance's position on digital assets?!
In the legal world, this is as crazy as it gets. The Ripple lawyers must be chomping at the bit!!
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Ripple (finally) filed the Voyage bankruptcy Judge's decision.
The Judge uses abnormally strong language, stating that the U.S. regulators themselves cannot even agree on what criteria to use in deciding whether crypto is a security (Fair Notice).
...
We are getting close...
#XRPCommunity
#SEC
v.
#Ripple
#XRP
Ripple Defendants file Letter Notice of Supplemental Authority in further support of their fair notice defense. It's the decision of Judge Michael Wiles in the Voyager bankruptcy case where Judge Wiles rejected the SEC’s …
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First word from the SEC v. LBRY hearing:
The SEC admitted on the record that the token itself is not a security.
Good job Mr. Deaton!
Just finished speaking on the record with the judge in court. Court is not over. Check in at 6pm. The judge and I talked about
@lewiscohen
’s article and he forced the SEC to commit on the record. See you at 6
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I own XRP because I know Ripple can't be sued again.
I own ALGORAND because the Algorand Foundation won't be sued at all:
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OH! That's a pleasant surprise.
Judge Torres has, sua sponte (fancy Latin for "because she wants to and can"), moved up the schedule for summary judgment briefs to November 15.
What do I take from that? She wants the Ripple v. SEC case over before Christmas.
👍
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
Judge Torres modifies proposed calendar. Motions to exclude expert testimony must be fully briefed by August 30, 2022. Motions for summary judgment must be fully briefed by November 15, 2022.
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This paragraph in
@JohnEDeaton1
's motion regarding the SEC's motion to extend discovery is EXACTLY why his (and XRP holder's) involvement is SO IMPORTANT.
Someone has to tell the Court how the SEC lawsuit impacts 50k people (and counting)!
@JohnEDeaton1
= Real American Hero.
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As promised, here's the video on the SEC v. Ripple hearing today. It was a tough week but it ended positive. Hang in there ya'all and HAVE A GREAT WEEKEND!
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Judge Torres = The People's Judge.
#XRPCommunity
#XRP
#SECGov
v.
#Ripple
BREAKING: Judge Torres denies the SEC's Motion to Seal the Hinman documents.
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Looks like the great State of Tennessee has found itself a new lawyer!
Was just notified I got accepted.
:)
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Well well well.
The Hinman Emails have been PRODUCED!
:)
Over 18 months and 6 court orders later, we finally have the Hinman docs (internal SEC emails and drafts of his infamous 2018 speech). While they remain confidential for now (at the SEC’s insistence), I can say that it was well worth the fight to get them.
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Motion to Compel "Granted" is only half the story. Just got home and ready. to. VIDEO!
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(1/2) I am prepping for the SEC v. Ripple hearing and did a deep-dive into some docs, and LOOK WHAT I FOUND. It's the SEC stating in a public document "...the digital CURRENCY company called Ripple Labs." (top of pg.3)
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FIFTY (50) trips around the sun for me today!
What an amazing journey. Thank you for being a part of it - I'm very grateful for the friends I've made here on Twitter and I am acutely aware of how blessed my life has been and so very thankful.
Have a wonderful day!
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Give a Follow or Like or just say "thanks!" to Frank!
His Tweet was cited in Ripple's latest brief and the email from the SEC states:
"...the SEC has not issued a determination on whether...XRP is a security."
THAT EMAIL was OCTOBER 14, 2020 - 2 months before lawsuit.
Boom?!
@Ripple
@SEC_News
@HesterPeirce
I have bought XRP early 2018 and wasn’t sure if I bought an security because there was no decision yet. So I asked the SEC here the answer to my concerns. Are they lying to me????
#XRPCommunity
@bgarlinghouse
@BrianBrooksOCC
@galgitron
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Ripple just filed a strong case supporting its Fair Notice Defense.
Strong because it comes from the U.S. Supreme Court and states that regular-ish people like you and me need to have guidance and know what the law/rules are ( before we are sued).
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
Ripple files Letter Regarding recent Supreme Court case that supports Ripple’s Fair Notice Defense. “This opinion strongly supports Defendants’ fair notice defense. . . . [because] the government’s prior guidance …
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"I was meeting with Chairman Clayton, I met with SEC Commisioners, no one ever once said 'XRP is a security'." -BGarlinghouse
That's pretty powerful testimony, no?
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"For all Intents and Purposes" the Ripple v. SEC case is over.
Yes, important hearings will be held in the coming months (deciding a judgment of up to $770 million is of course important).
But, YOUR time for hand wringing over this case is done. IMO.
🩳🧵
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Last week: Bitcoin decoupled from tech stocks.
This week: XRP decouples from Bitcoin.
Next week: Everyone keep an eye on your spouses - lots of decoupling going around.
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Break out the Popcorn.
Ripple pieced it (almost) all together for you - even got the TV announcer guy on board for narration!
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.
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The Ripple Proper Party was amazing!
Thanks Brad G. for the shoutout and truly, “this village beat the bully.”
AND it was amazing to meet so many wonderful XRP people - thank you for the kind words and love.
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During the hearing, Judge Netburn acknowledged YOU - yes YOU in her ruling. She mentioned the significant "Public Interest" in the case as one reason why this was an exceptional case and a basis for the Hinman deposition. Phone line was maxed out at 4k again - congrats to you!
As I have said multiple times, Judge Netburn is one of the sharpest Judge’s I’ve listened to.
For reference, I have appeared before over 100 different judges in my legal career, both in federal and state courts.
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Today is National Spouse Day!
So happy spouse day to my love, my partner, mother of my children, my EVERYTHING Thien-Vu Hogan. I love you now and forever and no matter.
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@JohnEDeaton1
In honor of you Mr. Deaton, I am going to do something I never do (cuss). Here goes:
No matter what S**T the SEC throws at you, keep F'ING going and don't give up. You are doing F'ING amazing!
(...That felt strange.)
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Att'y Solomon spitting fire once again:
"The SEC cannot have it both ways: If the Hinman speech was not a communication of agency policy then any deliberation regarding the speech is not entitled to any DPP protection..."
And THAT may be the phrase that wins the day for Ripple.
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
Ripple files Supplemental Briefing regarding Deliberative Process Privilege
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I tried to get a video done tonight but looks like I failed.
It's 150 pages of very dense legal argument and I just couldn't do it tonight. I'm sorry.
But will 100% will shoot it after my girl's birthday party tomorrow, and before you go to sleep. Good night!
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The SEC made two arguments as to why it didn't have to disclose the internal memoranda re BTC, ETH and XRP. The Judge denied both of those arguments and is saying "No, you really DO need to disclose those documents." PS. This Judge is very polite when rebuking a party!
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The SEC has to prove that you had a REASONABLE expectation of profits from Ripple's efforts.
And the Judge just struck the SEC's ONLY Expert Witness on that subject.
So, now, how the heck can the SEC prove "reasonable" reliance? Who will testify?
Just thinking out loud. :)
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
BREAKING: Judge Torres issues Ruling on Parties’ Motions to Preclude Expert Testimony.
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The SEC v. Ripple court is paying attention. They recently increased the call-in capacity to 4k people. And I think the Judges know exactly which side the people who call in are on. So, CALL IN THIS FRIDAY and let the Judges know people are watching and care!
#4000strong
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JUST getting back into this case and....WTF (legal term).
The SEC sent an email to a third party telling them to analyze a digital asset using the factors in the Hinman speech; which speech was just his personal opinion.
I understand now - it's the SEC that NEEDS CLARITY!
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
1/2 Ripple files letter requesting that three additional documents be reviewed in camera based on a privilege log provided by the SEC after the August 31, 2021 telephone conference, including an email chain
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Circle September 19 as the day we get to see (most of) the cards the parties are holding!
Ripple v. SEC
The endgame. It's getting me excited (I'm weird like that).
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
The parties have filed a joint proposal to govern sealing issues relating to the upcoming summary judgment motions to be filed in this case.
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Hello all! Yes, I was hacked by someone yesterday but no, I was not kidnapped by the SEC. :) But please be aware - the hacker still has
@attorneyjeremy
so just ignore anything from that account until (hopefully) Twitter takes care of things. AND, have a great Friday!
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People have been asking about a video on the Ripple v. SEC case and...it's coming!
This is a big one because it's time to make "who's gonna win and why" predictions, so I'm taking my time and thinking things through.
Like I hope Judge Torres does. :)
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@CQJB
Ripple's first request for admissions to the SEC was attached to the most recent court filing and in it the SEC admits that it never told anyone that XRP was a security, until the lawsuit was filed. That is now an official admission in the case.
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Everyone in the XRP community (including myself) owes a debt of gratitude to Commissioner Pierce/Roisman for telling the truth, first and foremost, AND in gifting Ripple this letter from officials at the SEC. It takes bravery to do that, knowing it would be used against the SEC.
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
Individual Defendants file letter and Peirce & Roisman statement as supporting Motions to Dismiss amid "significant regulatory uncertainty regarding when digital assets may be classified as securities by the SEC."
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We all got feelings about the Hinman emails today.
BUT don't forget that Binance filed its brief today and look what argument it raises
#1
: the Ripple "an investment contract requires a contract," aka "blue sky law" defense!
It's starting to spread.
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THANK YOU for helping us reach 100K subscribers on YouTube! It took us a year to reach just 1k subscribers and then, I found the XRP community. I know ezzactly where the 100k came from and I appreciate all of you. Who knows what the future holds but I will ALWAYS appreciate this.
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Mr. Gensler, Thank you in advance for protecting U.S. "investors" from trading an unregistered security by answering this one clear and simple question and yes, we of course understand that nothing you say is the official position of the SEC.
Truly,
The Americans You Protect
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Being sued is not fun.
It keeps you up at night. It's always in the back of your mind.
So, very happy for Brad and Chris - and that's enough for now.
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
BREAKING: CASE DISMISSED AGAINST BRAD GARLINGHOUSE AND CHRIS LARSEN
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I just finished an outline on Attorney Deaton's Motion to Intervene in the SEC v. Ripple lawsuit on behalf of XRP holders, what it is, and why it is CRUCIAL. I will shoot the video when I get home and try and have it up on YouTube early this evening - stay tuned!
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Happy Thanksgiving Crypto Twitter!
(I have been training for this day all year - stomach is ready.)
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One of our staff was in a bad accident last night and I will probably have to be off Twitter and YouTube for a while. Please pray for her if you are a praying person.
Just wanted to let you know because I know the
#xrpcommmunity
gets worried.
I'm sorry. Be safe all!
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I tried to analyze this for you in a true legal sense.
But, my MIND was BLOWN by the part below and I couldn't think about much else after.
Is the SEC "potentially" hiding a document in which the SEC concluded that XRP was... NOT A SECURITY?
WHAT DOES SOLOMON KNOW????
#XRPCommunity
#SECGov
v
#Ripple
#XRP
Ripple and the Individual Defendants have filed their response explaining why the Hinman documents are not irrelevant as a result of Judge Torres's decision on the Motion to Dismiss.
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Are you a touch sad also?
Ripple's FINAL BRIEF.
I'm going to miss legal writing this gooood.
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
BREAKING:
Ripple has filed its Redacted Reply to the SEC's Opposition to Ripple's Motion for Summary Judgment.
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UH-OH. The SEC is going to be forced to admit that there is nothing in an of these contracts that created an expectation of profits by purchasers of XRP. That's a big problem for the SEC.
And also, most of Ripple's Requests for Admissions were stricken - but we expected that. :)
JUST ADDED to our Document Library:
✅Order from Judge Netburn on 2 Motions, one set each from Defendants and from the
@SECGov
(1/4) 👇
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$1 Billion lost due to crypto fraud in 2021.
$15 Billion lost due to the SEC v. Ripple lawsuit.
Who is the SEC "protecting" again?
Gensler Says Crypto Treated Just Like The Market; 200 SEC Lawsuits Say Otherwise. via
@forbes
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My first video on the SEC v. Ripple lawsuit was titled "XRP Is Not Dead." I made the video Jan. 4 after reading and hearing that Ripple was dead in the water and XRP along with it. It took me two hours of research to see that "..the SEC has an uphill battle." 17 weeks later... :)
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@RepMaxineWaters
@SBF_FTX
You, as the Chairwoman (or the Committee itself), can just subpoena him to testify. No need to ask nicely on Twitter.
It's House Rule XI clause 2(m).
But I'm sure you already knew that.
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Shout-out to
@andyh479
for exercising his 1st Amendment rights down at the big old S.E.C.!
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In Conclusion, congratulations to you. Ripple will appeal (probably). But it will absolutely survive.
This is what I love about the law. The Judge arrived about where we thought and hoped, but she took a different route than expected.
Thanks for going on this journey with me!
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Thinking of doing business with someone? First, watch how they treat their spouse. That is how they will treat you during your business relationship. Next, watch how they treat waiters, receptionists, etc. That is how they will treat you when the business relationship is over.
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NEW (VICTORY) VIDEO!
Today we of course talk about the DE-NIAL of the SEC motion to strike fair notice defense but we also see what the MAIN issue in the case is teeing up to be and look at how the SEC expert report does on that issue.
HUUUUGE Week.
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This beautiful young lady is CURRENTLY editing the video we shot this morning. 1pm EST estimated finish and upload to YouTube!
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NEW VIDEO!
Hinman Emails, Reply Briefs, Oh boy.
We are ALMOST THERE!
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Att'y Deaton's response might be my FAVORITE brief in the Ripple case so far.
It defends his position in the case, defends his own actions, attacks the SEC, attacks the SEC expert, all in four pages.
AND, also happens to spill on Hinman and his "relation" to Ethereum.
BRAVO!
#XRPCommunity
#SECGov
v.
#Ripple
#XRP
Amici file response to SEC’s objection to their motion to participate in the expert challenge and to the SEC’s motions to revoke their status and to bar
@JohnEDeaton1
from all further proceedings. Consecutive tweets.
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Dear Attorney Solomon,
XRP is "pumping" (as they say) and we could really use one of your amazing legal briefs regarding those pesky emails related to the Hinman speech to keep the pump going.
Today if possible.
Truly,
XRP Community
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Look at this from Judge Torres' Order granting Amicus status to XRP Holders.
Yes, Judge, a lot of things about this case are backwards. Why would 22k XRP "securities" holders want to intervene as DEFENDANTS in a case where the SEC is supposed to be representing them??
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Hi Sen. Warren,
"Collusion" is defined as a SECRET conspiracy in order to deceive others. "Secret."
So, don't use email to collude with the SEC's Chair Gensler. Instead, use Whatsapp or Telegram from a personal device.
You're welcome,
Jeremy
🚨 🚨: What was
@SenWarren
's staff doing coordinating questions & testimony with officials from the Securities and Exchange Commission before their leader testified before Warren's committee in 2021?
@jasoninthehouse
breaks down the emails the Oversight Project just uncovered:
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I've spent a couple days looking for this simple form on the SEC website, with no luck.
Once I find it, all those $500/hr. Securities lawyers are going to be out of business!
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I just finished and uploaded my video on the Motion to Compel hearing today. It's one of those hearings that is much more important than the actual issue involved - kind of like a first impression at a job interview. Anyways, I hope you enjoy!
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NEW VIDEO!
The SEC's BIG BLUNDER.
That's all folks.
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Someone just sent Satoshi's genesis wallet $1.2 mil. in BTC.
Why?? The only thing that makes any sense is that the sender is flushing Satoshi out.
Under the new IRS rules, you have to report any receipt of crypto over $10k. So, Satoshi has to dox himself, OR break the law.
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