Another SEC v. RIPPLE Thread: For those that don’t see the tragic irony of the recent news of another Crypto Company becoming a US Bank, let’s review an issue I address in the Memorandum of Support I filed against the SEC. The OCC via @BrianBrooksOCC, in April 2020, issued a https://twitter.com/lionel46294550/status/1349687240881008642
NOTICE to BANKS in the U.S. that they could custody crypto assets. SEC Chairman Clayton issued a letter that says the SEC AGREES with the OCC that U.S. banks can now custody cryptocurrency. XRP is the THIRD LARGEST crypto asset. Clayton did not state that he agreed with the OCC
with the exception that banks CAN'T custody XRP because they are unregistered securities. Clayton or the SEC NEVER provided a statement that XRP or other Crypto Assets could later be determined or claimed to be a security. Instead, it appeared that the SEC was in FULL AGREEMENT
that Banks could custody Crypto. He certainly didn’t say BUYER BE AWARE that eight months later, on my way out the door, I and the SEC intend to declare the THIRD LARGEST crypto asset in the world to be an unregistered security. He made no mention of XRP whatsoever.
It is 💯 % reasonable to assume that if the SEC agrees that US banks can custody crypto assets, it would include the THIRD LARGEST crypto asset. Not only did the U.S. Government declare that U.S. banks could custody crypto; a
crypto exchange, Kraken, was granted a bank charter
from the State of Wyoming. Kraken is the first crypto exchange to be granted status as a U.S. BANK! Kraken sells XRP and has for years. All of this was known to Clayton and the SEC. Not only did Clayton and the SEC AGREE that U.S. banks could custody crypto, without excluding the
THIRD LARGEST CRYPTO, but a crypto exchange that holds and sells XRP was deemed a U.S. bank. Based on the actions of the OCC and SEC, it was reasonable for ALL OF US to gain more confidence that investing in the largest cryptocurrencies on the market was a viable way to speculate
and possibly build and secure more wealth. Kraken became a bank 8 months BEFORE the SEC claims against XRP. And now, AFTER the SEC case against XRP is filed, Anchorage, a CUSTODIAN OF XRP, receives a NATIONAL banking charter becoming the FIRST Federal Digital Bank!
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