TruthArchive.ai - Tweets Saved By @jchervinsky

Saved - August 11, 2023 at 5:02 PM
reSee.it AI Summary
A conversation ensued regarding XRP holders' outcry in SEC enforcement. @jchervinsky praised @JohnEDeaton1 for their efforts, while @MattCorva criticized them for promoting conspiracy theories. @ComancheTippie and @gsglobalpro expressed their opinions, and @Kirby_Knows defended the need for mature discussion.

@jchervinsky - Jake Chervinsky

It's rare in the world of SEC enforcement to see public outcry register on a federal court docket in the way we've seen from XRP holders since December 2020, and @JohnEDeaton1 deserves a lot of credit for that, and for this brief. 👏 I look forward to reading the SEC's reply.

@JohnEDeaton1 - John E Deaton

Dedicated to #XRPHolders. It truly is a #Decentralized Community Brief.

@CryptoLawUS - CryptoLaw

🚨🚨BREAKING🚨🚨 JUST ADDED to our Document Library (1/2): ✅Motion for Leave by @JohnEDeaton1 and #XRPHolders to File Amicus Brief in Opposition to @SECGov's Motion for Summary Judgment + Exhibit (Text of Amicus Brief Seeking to Submit)👇 Link: https://www.crypto-law.us/wp-content/uploads/2022/10/10312022-MFL-Amicus-XRP-Holders.pdf

Page not found - CryptoLaw U.S. Legal and Regulatory News for Digital Asset Holders crypto-law.us

@MattCorva - Matt Corva

@jchervinsky @JohnEDeaton1 Odd choice to cheer for people who drive unfounded conspiracy theories that lead to financially motivated mobs terrorizing private citizens with unfounded accusations including calling private numbers to tell people they are coming after them, but to each their own.

@jchervinsky - Jake Chervinsky

@MattCorva @JohnEDeaton1 Hopefully it's obvious I'm not cheering for those things and don't support them.

@MattCorva - Matt Corva

@jchervinsky @JohnEDeaton1 I know you're not cheering for that behavior but hard to separate the two. Hard to support their cause when that nonsense is going on.

@ComancheTippie - Tippie 🦅

@MattCorva @jchervinsky @JohnEDeaton1 Mmhm

@EleanorTerrett - Eleanor Terrett

“…the SEC spent 18 months fighting six separate bench orders to turn them [Hinman docs] over, making it increasingly clear that their real behind-the-scenes confusion around tokens would be humiliating if it ever went public.” - @RoslynLayton https://www.forbes.com/sites/roslynlayton/2022/10/30/crypto-law-experts-suggest-sec-likely-to-lose-key-case-and-discredit-howey-test/

Crypto Law Experts Suggest SEC Likely To Lose Key Case And Discredit Howey Test Ripple is ready to settle and pay fine if SEC declares XRP a currency, says company lawyer. Agency credibility, Gensler reputation at stake. forbes.com

@gsglobalpro - GeeLovingLife.DLT

@MattCorva @jchervinsky @JohnEDeaton1 JAIL TIME FOR ALL THE ETHGATE FOLKS 📣📣📣📣🙌🙌

@gsglobalpro - GeeLovingLife.DLT

@MattCorva @jchervinsky @JohnEDeaton1 @mattcorva

@gsglobalpro - GeeLovingLife.DLT

@MattCorva @jchervinsky @JohnEDeaton1

@BrukerikkenavnJ - StaaalStaalesen.xrp☀🇳🇴

@MattCorva @jchervinsky @JohnEDeaton1 #ETHGATE #TheyAllBelongInJail

@dancraw23373570 - XRP.HODL

@MattCorva @jchervinsky @JohnEDeaton1

@XRPSAINT - @XRPSAINT 🪝 🏴‍☠️ Not$Advice, RT's ≠ endorsement

@MattCorva @jchervinsky @JohnEDeaton1

@Kirby_Knows - Kirby

@MattCorva @jchervinsky @JohnEDeaton1 There are plenty of personalities that would probably host you to discuss, if you can back this up. Plenty of terrible people breathe air, I don’t see anyone accusing air of supporting terrorism. Grow up.

Saved - June 29, 2023 at 8:05 PM
reSee.it AI Summary
SEC Chair Gary Gensler's biased stance on digital assets raises concerns. Federal law mandates his recusal from enforcement decisions related to them. Gensler's repeated statements labeling all digital assets as securities undermine his role as a neutral arbiter. This compromises the fairness of SEC enforcement actions. Gensler's prior votes on such actions should be invalidated, and he should be disqualified from future votes. Our paper outlines ways to address Gensler's recusal issue with the SEC or a federal court. Preserving fairness in the SEC's enforcement function is vital for just administration of securities laws.

@jchervinsky - Jake Chervinsky

1/ SEC Chair Gary Gensler has wrongly prejudged that all digital assets are securities. As a result, federal law requires that he recuse himself from all enforcement decisions related to digital assets. @MTCoppel and I wrote a paper explaining why 👇 https://theblockchainassociation.org/chair-gensler-must-recuse-himself/

Chair Gensler Must Recuse Himself From Digital Asset Enforcement Decisions - Blockchain Association For the SEC to proceed with any semblance of legitimacy — and in compliance with federal law — Chair Gensler must recuse himself from enforcement decisions involving digital assets. theblockchainassociation.org

@jchervinsky - Jake Chervinsky

2/ Every SEC enforcement action must follow the “Wells process.” In that process, the SEC Commissioners are meant to act as neutral arbiters, impartially weighing the evidence and arguments presented by SEC staff (the prosecutors) and the enforcement target (the defendant).

@jchervinsky - Jake Chervinsky

3/ When it comes to digital assets, Chair Gensler is far from a neutral arbiter. Since his appointment, he has repeatedly stated his view that all digital assets other than bitcoin are securities, end of story. We list many of these statements in our paper.

@jchervinsky - Jake Chervinsky

4/ For example, in February 2023, he said: “Everything other than bitcoin, you can find a website, you can find a group of entrepreneurs . . . . But at the core, these tokens are securities because there's a group in the middle . . . ." https://nymag.com/intelligencer/2023/02/gary-gensler-on-meeting-with-sbf-and-his-crypto-crackdown.html

Gary Gensler on Meeting With SBF and His Crypto Crackdown Following the Sam Bankman-Fried debacle, SEC chief Gary Gensler is cracking down — and answering questions about his role in the mess. nymag.com

@jchervinsky - Jake Chervinsky

5/ Chair Gensler is wrong. It is well-settled that determining if a particular transaction falls within the scope of the securities laws requires careful analysis of the “facts and circumstances” surrounding that transaction. Chair Gensler refuses to engage in that analysis.

@jchervinsky - Jake Chervinsky

6/ When an SEC Commissioner “has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it,” the law demands recusal. Chair Gensler has clearly prejudged the facts and law in every case involving digital assets. He must recuse himself.

@jchervinsky - Jake Chervinsky

7/ Without recusal, his bias taints the entire enforcement action. The law says “[l]itigants are entitled to an impartial tribunal whether it consists of one man or twenty and there is no way [to] know [how] the influence of one upon the others can be quantitatively measured.”

@jchervinsky - Jake Chervinsky

8/ Chair Gensler has already voted on many enforcement actions involving digital assets. He should have recused himself then. Since he didn’t, those enforcement actions should be invalidated now, and he should be disqualified from voting on any more in the future.

@jchervinsky - Jake Chervinsky

9/ Our paper is not and should not be considered legal advice, but anyone dealing with an SEC investigation or enforcement action may want to discuss this with their counsel. We outline several ways to raise the issue of Chair Gensler’s recusal with the SEC or a federal court.

@jchervinsky - Jake Chervinsky

10/ Preserving the fairness and impartiality of the SEC’s enforcement function is crucial to the agency’s mission and to the protections afforded by the Wells process. We hope this paper helps to achieve the just and equitable administration of the securities laws. [end]

Saved - June 29, 2023 at 8:01 PM
reSee.it AI Summary
SEC Chair Gensler is accused of bias towards digital assets, requiring his recusal from enforcement decisions. A paper by @jchervinsky and @MTCoppel supports this claim. @Zer0LM mentions a missed opportunity for recusal in the Ripple case, alleging involvement of certain associations.

@jchervinsky - Jake Chervinsky

1/ SEC Chair Gary Gensler has wrongly prejudged that all digital assets are securities. As a result, federal law requires that he recuse himself from all enforcement decisions related to digital assets. @MTCoppel and I wrote a paper explaining why 👇 https://theblockchainassociation.org/chair-gensler-must-recuse-himself/

Chair Gensler Must Recuse Himself From Digital Asset Enforcement Decisions - Blockchain Association For the SEC to proceed with any semblance of legitimacy — and in compliance with federal law — Chair Gensler must recuse himself from enforcement decisions involving digital assets. theblockchainassociation.org

@Zer0LM - ZeroLatencyManifestation ☀️

@jchervinsky @MTCoppel This should have happened when @JohnEDeaton1 & 75,000+ #XRPHolders worldwide entered the @SECGov v @Ripple case & warned the rest of the crypto community they were next. Instead, Wangxiang-funded #DisguisedETHWhales & their crony associations kept quiet. #ETHGate

View Full Interactive Feed