My last thread discussed the Howey test and what factors determine a security under U.S. law. I briefly demonstrated, on its face, how XRP IS NOT a security applying those factors.This thread will show the many ways that the SEC CAN’T prove that TODAY’s XRP constitute securities.
Currencies are excluded from statutory definition of a security.
XRP has been trading in Secondary Markets since 2013. In 2015, the DOJ and
FinCen settled a case with Ripple and determined XRP was virtual currency.
Ripple was classified as a money transmitter of XRP. The settlement required Ripple’s XRP transactions to comply with
laws dealing with currencies or commodities NOT securities. Currency is generally defined as a medium of exchange, unit of account and/or a
store of value.
A federal judge has determined that BTC is currency. SEC Chairman Clayton stated that he agreed that BTC is a store of value and, thus, currency. XRP has the same use case of BTC, as a store of value - as does all other Cryptocurrency - considering the non-stop printing of money.
XRP holders can stake and/or use their XRP as collateral and generate yield or acquire a loan. This use case alone makes XRP a non-security.
XRP IS NOT a security according to: Japan’s Financial Services Agency; the U.K.‘s Financial Conduct Agency; Singapore; and the UAE. SBI pays it Esports players IN XRP (payment currency); Deel, with Coinbase, established a crypto payroll and international workers are paid in XRP;
Bitpay established crypto payments for businesses and 225 Countries can pay in XRP, ETH and BTC; Xago uses XRP to move money in Africa: Bitex uses XRP in the UAE and will be utilizing it in India; the OMFIF Lists XRP as being utilized in payments;
DBS launched an exchange converting fiat utilizing BTC, ETH, BTH and XRP; Novatti incorporated real time remittances in Australia and Asia utilizing XRP; MoneyTap & SBI Asia announced its use of XRP in remittances or payments in Asia;
The WEF calls XRP the most relevant crypto related to CBDCs; the IMF lists XRP as a Bridge Currency for cross-border payments; SBI Holdings CEO states that the World’s Fair will only accept XRP for Payments; Sygum’s Asset Manager states that XRP is the future of payments;
Former CFTC Chairman Giancarlo (Crypto Dad) stated XRP is not a Security; Congressman Emmer stated XRP is not a security; AND Former SEC Chairman Joseph Grundfest stated that since the SEC has not demonstrated a material distinction between XRP and ETH -
XRP should not be treated ANY differently. The above is only a snapshot at what I intend to demonstrate and argue in Court. Any one of the many examples above demonstrates a USE case that, alone, makes XRP NOT a security.
So to ALL my fellow XRP Holders, hang in there because WE will have our day at some point and truth and justice MUST MATTER.
We got this!
You can follow @JohnEDeaton1.
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