EU reaches agreement on ‘landmark’ crypto rules

It goes both ways. Some people may enter 'crypto' by a scam or alt-coin, but there are also people who hear about bitcoin, start looking into it, then discover alt-coins and due to unit-bias (they're cheaper!) and hopes of finding the 'next bitcoin' they choose something other than bitcoin and get burnt. Some bitcoiners are forged by burning their fingers on alt-coins, some potential bitcoiners are lost to it. On balance I don't place that high an importance on it by now. We're already past critical mass.

There's enough information available now that those who really want bitcoin will find it all on their own as soon as they start asking the right questions.

I ain't selling now
this suckers rally
especially if you're confirming we're already back to the Disbelief stage :p
 
I ain't selling now

Yep - the problem, IMO, is the main gateway and promotional leg of the BTC stool has just fallen off........which is to say all the marketing dollars & noise created by various alt-coin scams pumping (1) the space (2) thier token in the space........the SuperBowl commercials of 2022....crypto.com.....coinbase....ftx.......is IMO a high water mark we'll never see again.......it was peak promotional delusion & ad dollar fueled spend funded, in the main, by ponzis, MLM's & pyramid schemes.......as FTX & Binance cases show.

Is BTC the best house on the block.........yes.......is it in a terrible neighborhood that nobody wants to go near anymore.......yes........I dont like holding assets with those dynamics. Never works out well for the holder.
 
Is BTC the best house on the block.........yes.......is it in a terrible neighborhood that nobody wants to go near anymore.......yes........I dont like holding assets with those dynamics. Never works out well for the holder.
The neighbourhood is getting gentrified though. FTX gone, Fidelity and perhaps a Blackrock ETF setting up shop on the corner instead.

FTX will be forgotten like Mt Gox was. People have short memories.
 
The neighbourhood is getting gentrified though

Its like Sheriff St. in Dublin IMO.......gentrification has been on the come there since I was a child...........never happened.

I'm afraid this is the fate that awaits BTC......$69k looks along way away with each passing regulatory action.

Bitcoin is the future, and it always will be.
 
True - but let me help you step out of your crypto bubble a little
Amazing how you think everyone else demonstrates bias but not your good self :)

I won't need an essay to respond to the essay that you've written. The bottom line is that the SEC won't be determining anything here. In fact, that has been the issue with them all along anyway, their refusal to provide clarity. It's the courts that will do so (and maybe Congress eventually). It seems this can only move forward imperfectly, but make no mistake that it is a move forward. It adds clarity. Digital assets are not in and of themselves, securities. It depends on how they're offered. Now market participants and would-be market participants (who wouldn't go near it because of the regulatory uncertainty up until now) know this.

The offer of such assets by exchanges isn't an unregistered security offering. The offering via VCs is.
As you know Tecate Ripple is a side show....its one token in sea of illegal tokens....there are 5000, 10000 tokens out there.
Just so that its not lost along the way, I have said numerous times that most projects will vaporize and we will be left with a handful with utility. That's the way of startups. That was the way in the dot com boom 'n bust. It's not so terribly different.
Although it doesn't excite me, Ripple could well go on to be successful. It's a centralized project that would slot in alongside conventional finance.

They are going after the exchanges (Coinbase/Binance) where these tokens trade to shut them down (in the US obviously).......that is the choke point with the highest return on regulatory action.
You're talking about something that's separate. The exchanges that dropped the XRP offering when Ripple was first sued have already resumed trading the token. What you are referring to is the Biden Admin's full court press on crypto. Ultimately they won't succeed. In the interim, crypto is making full use of jurisdictional arbitrage. Sensing the opportunity, Hong Kong, Dubai, Abu Dhabi and Singapore are open for business and fast-tracking their regulatory frameworks to meet it. The Brits too are vying for that business, while the Europeans have at least a largely workable regulatory framework in place.

cause the US is where the money is
Indeed - home of the World's largest capital markets. But I've got bad news for you. This is a Biden Admin full court press. The other half of the equation are not down with what's going on right now. Additionally, it seems they already know they've gone too far, and that the innovation is going to unfold in spite of them. They could have kept complete control of US stablecoin issuance for instance. Now they're going to issue in Hong Kong and elsewhere - so they don't have control of that process and private digital dollars make their way into the supply anyway.

Its for that reason, they've lined up BlackRock and their ETF application, which was immediately followed within days by a gazillion other such applications from the Wall Street set. Amazing that they were all so organized to respond within days.

As an aside, BlackRock's Larry Fink said that BTC was an "index of money laundering" previously. Now he's saying this. They'll still try and control it of course - but they'll serve a purpose in broadening out the market.

Your take is that the elimination of a lot of bitcoin's competition, and with it the PR damage done by bitcoin being lumped under a crypto umbrella along with the worst scams, is bad for bitcoin?
Of course - but to be fair, he can't see this. To him, its ALL an aberration and he wouldn't waste two minutes of his time making any such distinction. He's also lapped up all of those bear market crypto doom (the end is nigh) pieces that cater to that boomer set and he thinks this is how everyone now views the crypto space.

I think your looking at things too rosy
Yes, he's demonstrating that bias that you don't have.
The tokens and the speculation werent competition to bitcoin......they brought people in the space....they grew the TAM.........they made them aware........but those same tokens burned everybody who touched them.......the best thing that ever happened to BTC's price was token scams........the worst thing that ever happened to BTC's digital cold aspirations over the long pull was token scams.
DiP is for the most part correct on this. At the very least for those that enter out of speculative interest, they're drawn in via Bitcoin and then decide to opt for an alt. They get caught up in the entire flurry of a bull market, get burnt and along the way, they learn a thing or two. One of those things is that they learn that Bitcoin is a digital asset with a set of characteristics that set it apart and give it utility.
Giving a shellacking to a bunch of new people coming into an end market......is not the way you grow that end market.

See above. Also be aware that your perspective here is rather one dimensional. I'm quite happy to acknowledge that there are folks that arrive via the frothy fervor of a crypto bull market, getting caught up in speculative interest. However, that is not the only touchpoint or entry point for Bitcoin. It's not all just speculative interest.
Yep - the problem, IMO, is the main gateway and promotional leg of the BTC stool has just fallen off........which is to say all the marketing dollars & noise created by various alt-coin scams pumping (1) the space (2) thier token in the space........the SuperBowl commercials of 2022....crypto.com.....coinbase....ftx.......is IMO a high water mark we'll never see again.......it was peak promotional delusion & ad dollar fueled spend funded, in the main, by ponzis, MLM's & pyramid schemes.......as FTX & Binance cases show.

Hang on a second. How many excuses are you going to come out with to justify the outcome that you so desperately crave? Firstly, what you've stated above is nonsense - as outlined in my previous responses.

Your previous line - circa May 2021 - was that it was the use of BTC by ransomware attackers that was going to bring it down. What happened to that? :) You said at that time that it was going to be 'a bloodbath'. Well, we certainly had a perfect storm of circumstances - with all but the kitchen sink and the ransomware nonsense implicated - but where is the bloodbath? BTC is at $30K today - is the bloodbath in the room with us right now?

Next up - circa July 2021 - you said that a concerted effort was being made by the powers that be to choke BTC off, that it was the end of days. You said that there was going to be an 'unravelling' at a speed of epic proportions. So you were reading the same news as me - but with your rose colored glasses, it was the end of days. Through mine, it would be problematic but no showstopper. I also said that I wished your Nostradamus prediction (at least the temporary version) was right because I'd buy - and I did....adding another chunk to my holding at $16,500.
Again, the Biden Admin has caused untold problems (for now) and yet BTC is at $30K.

Sept. 2022 - you said that BTC had only known a low interest rate environment and that by the time Fed funds rate got to 3-5%, "the music would stop" as far as bitcoin was concerned. In fairness, I agreed that a high rate environment would be difficult for BTC, but that it wouldn't kill it nor would it be possible that said interest rate could be sustained. Here we are right now with a Fed funds rate of 5.25% and BTC at $30K.

Does Nostradamus have any other attack vectors coming down the tracks for BTC?

The neighbourhood is getting gentrified though. FTX gone, Fidelity and perhaps a Blackrock ETF setting up shop on the corner instead.

FTX will be forgotten like Mt Gox was. People have short memories.
Life - and markets - go on. TradFi didn't get a look in to previous crypto bull markets and that won't happen again. Goldman Gary (or his replacement) will see to it.

I'm afraid this is the fate that awaits BTC......$69k looks along way away with each passing regulatory action.
You pulled me up on needing to step out of the crypto bubble and pulled DiP up for 'looking at things too rosy'. Is it possible that you could display a bit of bias yourself at all? lol I believe the figure in question is $67,617. :cool:
Oh, and just to nip something else in the bud, if you're going to talk about market tops and suggest that $30K BTC is bad, I'm not having any of it. It was documented by all parties to this discussion that BTC was in the middle of an upward hype cycle with everyone expecting a correction. I had a couple of years of the Duke pointing out that $20K BTC was a shocker (someone please think of the children).

Bitcoin is the future, and it always will be.\
Right...and how long was the internet (or its early forerunner) on the go before it really hit mass market? How long has AI been knocking around, only to find real purpose in the last year or two? It certainly is the future but this entire discussion has seen its continued progression even if its not running at a fast enough pace for you.
 
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It adds clarity.

Indeed - starting a token project and taking it out of your basement and selling it to human beings for $ is an act of selling an unregistered security.

You realise this is what they have been found guilty of right? Lot's smoke and noise around this point....institions vs. retail etc.......Ripple Labs is quite likely to go bankrupt....as they ilegally raised $700m.

Problem is Ripple.....isn't oil....it doesnt just exisit.........they were programmers...before there was XRP.....somebody emailed somebody to let the VC's know about and explain it......Ripple provided a roadmap, a plan for XRP that was going to be implemented by them before selling XRP which was concerned with what would happen after XRP sale.......excepting doge & BTC every token does this..... the judge found the SEC correct in identifying this as the act of creating an investment contract....in this case Ripple > VC......if Ripple sold to > retail....same thing.

Excepting doge & BTC + inert JPG Nft's.......go find me a crypto 'project' whitepaper that doesnt violate the above......no whitepaper, no token sale....no plans....you can't sell dreams (tokens) to people without a plan (whitepaper)....thats just not how the world works.....the issue is whitepapers/plans in token world turns tokens into securities as per Howey/SEC and now the SDNY judge has agreed.

Like I said....please come up with a plausible scenario.....where the next XRP gets 'born' in the USA (where the money is)...that doesn't violate securities law...as per howey, SEC and now the SDNY ruling? Honestly explain to me how 'tecate coin' a layer two project (a dream in your head) launches in the US now without breaking the law or registering as a security? You can't. Its impossible to square that circle & it effectively kills the domestic US greenfield crypto industry (where the MONEY is).

Its clarity alright but think you've missed the wood for the trees here. Greenfield token issuance in the USA is DEAD.

The offering via VCs is.

Crypto world is chasing its tale on this one........saying that the classification of the buyer of an ICO matters....the correct interpretation is that creating a token, building a story/narrative/plan around it.....and then selling it.....is the volation......the fact that XRP was sold to VC's and not retail.....is a distinction without a difference......what was found in this case......the very inception structure of every ICO/ITO you ever heard off constitutes a securities sale. The secondary market element is almost a side show......when you realize this......what the SEC is saying and judge agreed....is the very first act of a token leaving a crypto promoters laptop.....the very nature by which people even find out the token/project exists before sale.....is akin to an IPO.

What you are referring to is the Biden Admin's full court press on crypto. Ultimately they won't succeed.

Let me help with that one - this ruling is terrible news for Coinbase.......Coinbase USA is toast after this....putting Coinbase on the metal slab.....is what 'success' would look like for the SEC vs. Crypto. I told you the strategy chasing 5000 ripples is a waste of time......you just kill the exchanges and this Ripple case kills Coinbase & Binance.

In terms of COIN's defense around lack of clarity and begging for guidance - the Fair Notice defence has been roundly rejected by this judge.......there is no lack of legal ambiguity that exists in existing securities laws as they pertain to ITO/ICO's/crypto.......it's in the ripple RULING...........Coinbase's public PR defense and 80% of its legal defence is this fair notice principal.

I can almost guarantee with 99% certainty that Coinbase will now be found guilty of operating as an unregistered exchange, broker-dealer & clearing house. Unlike Ripple - Coinbase has allowed token issuers to fully & fulsomely market their tokens on the platform not programmatically but in a very un-programmatic way....in a snake oil salesmen way (VGX for example)....the SEC has Coin in its vice on this.....where the SEC failed to link Ripple & secondary mkt XRP sales together coherently to get a ruling.....no such issues exist in the SEC vs. Coinbase case.

Coinbase, as an illegal issuer, is toast on its stalking product alone.........Kraken already held up its hand & plead guilty on this.

We have our 2030 BTC ATH bet...I like it is clean......I'll add another one for you to illustrate my confidence in this prediction........Coinbase USA the LLC legal entity that exists today & trades on nasdaq.......will be cease to exist by no later than 2030......either via enforced closure/cease/desist by the SEC or via bankruptcy as once found guilty of what I've stated above.....the fines + the onslaught of class actions lawsuits and civil suits from customers/'investors' who lost money (especially 2022 vintage) on the ilegal exchange, broker-dealer & clearing house - will force them to file Chapter 11.
 
Time to hit pause here. Before we go any further, you're putting across your essay above as established fact and that's the furthest thing from the truth. Neither you nor I are securities lawyers. Now you said in your first post on this subject that "my legal pals tell me." Lets out this first. BS. Most likely you're reading commentary somewhere - and that's fine. But you'll have to cite it if you want anybody to take any notice of it.

I'm not going to go through the whole thing - not without you citing the source of that info. But just as a teaser, I'll ask you this:

If a project was launched overseas and subsequently was traded on a secondary market - an exchange - in the US, would that exchange be liable for the sale/promotion of an unregistered security if we base it on this week's decision provided by Judge Torres in the SEC vs. Ripple case?

I don't know definitively the answer to that question and I know that you certainly don't. However, if whatever source you're getting your info from has commented on that, then by all means cite it.

Hard to see how this is bad for exchanges when secondary sales didn't meet the prongs of the Howey test in the case of XRP. Ripple is not going to go bankrupt - lol. It will have to pay a fine for having sold unregistered securities to the VCs. On the Nostradamus prophecy re. Coinbase, again I assume you've dredged that up from somewhere else. If you have a source, then cite it and we'll have a look at it.
 
Hi guys. I actually read the Torres ruling. IANAL but it was quite readable.
The institutional guys were buying XRP from Ripple and understood that Ripple would use the proceeds to enhance the XRP platform. Ergo this was investment.
The ordinary punters were buying XRP for speculative reasons. Didn't care or even know the Ripple aspect. Speculation is not part of the Howey test and does not constitute an investment.
Buying XRP, bitcoin or whatever is done for the most part for speculative reasons and just as a bet with PaddyPower is not an investment contract neither is a punt on a crypto.
Whilst the sector has enjoyed a temporary boost I am glad that crypto has not been given the credibility and respectability of being officially an "investment contract".
They are bets pure and simple.
 
For what it's worth I actually agree with most of what you're saying @letitroll about token issuance. I'm not surprised ICOs and pre-mined tokens are coming under fire, and I agree with it. But I have a comment on:
Excepting doge & BTC + inert JPG Nft's.......go find me a crypto 'project' whitepaper that doesnt violate the above......no whitepaper, no token sale....no plans
There are more than doge/btc/nfts. In fact in the early alt-coin days a 'fair launch' was kind of the norm, Litecoin and Monero are other examples that are still alive. I don't think the presence of a whitepaper matters (bitcoin has a whitepaper) but a fair launch matters a lot.

A fair launch meant the creators of the software did not receive any tokens up front, they were effectively equal peers in terms of other users. Mining of the blockchain would start at a pre-determined time after the software was made publicly available, if the creators wanted tokens they had to mine them themselves, or buy them from someone who had mined them, just like everyone else. Crypto-enthusiasts knew the importance of this and knew it was an important aspect of bitcoin's launch.

To me an unfair launch (a pre-mine, a token sale etc) was always a sign that either a) it's a scam or b) the creators don't have enough faith or commitment to the project to do a fair launch.

As for your coinbase predictions. I don't feel like I have an informed opinion one way or the other BUT the general market seems to strongly disagree with you as the share price surged on the XRP news.
 
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Let me edit this to change the bias:
Buying XRP, bitcoin or whatever is done for the most part for speculative reasons and just as a bet with PaddyPower a baseball card or a gold bar is not an investment contract neither is a punt on a crypto.
Whilst the sector has enjoyed a temporary boost I am glad that crypto has not been given the credibility and respectability of being officially an "investment contract".
They are bets collectables/commodities pure and simple.
 
:D

Federal Court Rules Ripple's XRP Token Can Be Treated As A Security.....Sometimes

According to the Duke's begrudging standards, its a thing that's being given "creditability and respectability" ..........sometimes.
Read the judgement my dear @tecate. It is not that XRP has been given credibility in any situation. The learned judge found that supplying money to Ripple by buying XRP (thus presumably supplying $) was an investment in Ripple and not a punt on XRP.

The newspaper coverage of this ruling is very easily misinterpreted. My first impression was that the judge was sort of saying that for ordinary punters this wasn't an investment but for institutional investors who should know better it was an investment.
The ruling has nothing to do with the nature of the purchaser, but rather to the nature of the transactions.
Punters in general are buying off an exchange and haven't a clue who they are buying from, most likely not from Ripple, mightn't even have heard of Ripple.
The institutional sales referred to were a completely different kettle of fish. They were contracts between Ripple, the company, and institutions to purchase XRP from Ripple. The supporting documentation made a great play of how Ripple would use the proceeds to promote XRP and thus increase XRP's value. There could even be restrictions on when they could onward sell their XRP. Admittedly it is not identical to selling shares in Ripple which is why it needed a court ruling but the judge concluded that it passed the same Howey tests, most notably that your money would be used by Ripple to enhance XRP.

I can't see this ruling having any effect on exchanges or on bitcoin. But it should apply to ICOs as these do pass the Howey tests.
 
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@DazedInPontoon
Removing all bias.
Buying XRP or bitcoin is done for the most part for speculative reasons and just as a bet with PaddyPower is not an investment contract neither is a punt on these according to the judge's ruling. They are bets pure and simple.
In a minority of situations crypto is purchased for its utility as a currency. The judge seemed to imply that this also would not pass the Howey test of an investment.
Similarly in the wider arena of tokens etc. these will be for a mix of speculative and commodity reasons, again not passing the Howey test.

Comment;
Whilst it is a relief that cryptos will not be regarded as investments there is a grey area where one sees outlandish predictions for the riches to flow from their speculation. True the Racing Post will give you each day many well argued reasons why a punt on The Sure Thing will multiply your investment by the equivalent of 10,000s % p.a. but there is something not right about "respectable" outlets like Investopedia (John Keller) giving spurious scientific arguments for why bitcoin is heading towards $500k. These are tantamount to fraud. I don't think it is the financial regulator who should put manners on these, rather the police specialist departments.
 
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Removing all bias.
This is akin to going to the opticians and being asked to tell the difference between lens A and lens B when you're thinking wtf is he talking about, they're both the bloody same.

So just like your previous post, this one contorts itself to try and contrive a way to suggest BTC (and XRP) are entirely speculative and nothing more. Not advancing your agenda at all Duke! lol
 
The provisional agreement reached by the European Union (EU) on the Markets in Cryptoassets (MiCA) directive is a significant development for the regulation of the crypto industry. This landmark set of rules will bring cryptoassets under the supervision of the European body that regulates securities markets, making it the first attempt globally to supervise the sector on such a large scale.:cool:
 
Nope just basic
you're putting across your essay above as established fact

Alot of it is now - the SEC's long held/articulated expressed view, challenged by defendants in case law and where the SEC has emerged victorious....as well as the fair notice judgment removing the main crypto talking point that somehow the securities law is too arcane to be applied .....dont you get it......the act of a crypto currency/token leaving a founders bedroom with a whitepaper/roadmap attached has been deemed to be an act of marketing a security.....the nascent Ripple founders emailing VC's about XRP would work, the roadmap for technology was deemed to have crossed the line......its a serious chicken and egg problem for US crypto projects.....if you cant TELL (but really market) your token dream to anyone without triggering securities law violations then the token never leaves your basement......cause you aint got no money.
Most likely you're reading commentary somewhere - and that's fine. But you'll have to cite it if you want anybody to take any notice of it.
not without you citing the source of that info.
On the Nostradamus prophecy re. Coinbase, again I assume you've dredged that up from somewhere else. If you have a source, then cite it and we'll have a look at it.

On Coinbase prediction - no sources......reasoned from first principles knowing the industry and regulation and the legal peril Coinbase is in from an operational point of view (they are going to be shutdown), from a business model point of view (everything except BTC on the platform is toast) Coinbase's addressable trading volume just fell of cliff.....it will never see revenues as it did in 2021/22 ever again.....& finally given they will be a much smaller business moving forward they for sure will be unable to support the SEC fines & civil litigation/class action from customers, who once SEC is found guilty of being ilegal broker, exchange, clearing house...will be able to sue for damages associated with their loss.....your welcome to cite me here on this point & notice your unwilling to enter in this 'wager'.

Your reference to sources....and citing things....is quite worrying......I start, always, at primary documents.....I've read the Ripple judgment....have you?

If a project was launched overseas and subsequently was traded on a secondary market - an exchange - in the US, would that exchange be liable for the sale/promotion of an unregistered security if we base it on this week's decision provided by Judge Torres in the SEC vs. Ripple case?

Yes I know the answer to this..........and it goes back to the primary documents, read them its really instructive of how to think about things moving forward.....Judge Torress applied the Howey test....not to the case in its totality or XRP at a high level....rather howey was applied XRP transaction to transaction.....at each movement of XRP judge Torres applied Howey.

Remember the case is SEC vs Ripple.....not SEC vs. XRP

Ripple as a technology startup company was found guilty of creating a profit expectation through the endeavours of others (Ripple) by selling XRP to VC's (the VC part doesnt matter).....the emails the Ripple founders sent, the plans they talked about with prospective investors (of course who would give money over for a wortless digital token without asking what would happen next?)....the very act of laying out a plan for what happened next with Ripple/XRP.....was deemed to have turned XRP into a security.....cant you see the problem here @tecate ?......guess you can because you never sent me a token project (excepting doge/btc/jpg nft) that didn't at its inception have a whitepaper/roadmap (deemed now to be sufficient to trigger Howey).

in the US, would that exchange be liable for the sale/promotion of an unregistered security if we base it on this week's decision provided by Judge Torres in the SEC vs. Ripple case?

Nice to see your reading my posts - and some of it seeping in.

Thats EXACTLY correct........the secondary market sales failed the howey test in the SEC vs. Ripple case.........because as I said Judge Torress took a transaction by transaction view......and the SEC failed to create a strong enough link between Ripple and the customers buying XRP on these secondary market sales.....you know the pillars of Howey.....Ripple was deemed not to have created a direct profit expectation in the minds of XRP purchases on these secondary exchanges.....that the relationship was too weak to trigger Howey.....the foundational relationship at that point was between the exchanges & the customers........+ it wasnt within the scope of this case....remember its the SEC vs. Ripple...not SEC vs. offshore exchanges........but its clear that if XRP was being sold on US exchanges......all the SEC need do next time.......would be to ensure that they would move forward with two distinct prosecutorial strategies-

(1) Bring a case against the issuer (Ripple) and focus the case, succesfully as they done here, on the orginal sin......creating a token.....not a sin....but starting to market, promote the token to investors.....VC/retail doesnt matter....its the act of soliciting money for an abstraction...token, stock cert, marble, pet rock, pretty shell...that relies, post-sale, on the endeavours but really the promies/representation of other. See as I've told you no token project at the point of sale.....says we will do absolutely nothing after you buy this....they all have roadmaps, plans, milestones, use cases attached......like I said US crypto has a chicken egg problem....you can get money for worthless token if you dont SELL a dream....the act of selling a dream.....trigger "BLUE SKY" securities laws.....see we did this already in the 1920's....they called them blue sky secruties...where people ran around making promies about what THEY were going to do to make you rich via this thing.

(2) Second strategy for a succesful case.......next time......is bring charges against both the issuer & secondary market exchange separately & together. Clear in Ripple case......that the exchanges had the tranactional relationship with the retail customer of XRP.....Ripple was one step removed.......the legal solution is simple.......next time you charge the exchange for secruties fraud......and they would meet Howey......and likely the correct approach....is you would actually name the Issuer & the Exchange together......in a conspiracy/racketeering case....that the two parties combined conspired together to create an illegal securities offering....all that would be required is some basic comms from Ripple & a partenr exchange (they for sure exist)......so two options here.....charge Ripple with ICO/ITO crime (this already happened and found guilty)......two charge the exchange on secondary sales or bring the Ripple/Exchange together in a conspiracy case.

So if your dream is to perpetuate the crypto industry with US money......by issuers going overseas ITO'ing......and then selling on US secondary market exchanges. Its completely misplaced.

Like I said two years ago....in my last nostradamus prediction....that has turned out to be correct btw......the US authorities are shutting this stuff down slowly and methodically tackling issuers and exchanges, but the largest regulatory upside is the exchanges....hence Coinbase, Binance.....going after 20,000 token crooks is inefficient....going after the exchanges is the solution....and will succeed....see the issuers marketing efforts of their token (press releases etc.) married to the exchanges DTC relationship will be sufficient to trigger the third leg of Howey where this Ripple case failed (profit expectation).
Hard to see how this is bad for exchanges when secondary sales didn't meet the prongs of the Howey test in the case of XRP.

Just explained......US exchanges are toast for selling everything except BTC & Doge.

Problem for BTC, cause I know your maxi, is that all this token fraud money was actually the marketing engine fuel that expanded interest in the space....without it BTC would never have reached $69k.....the correlation between BTC and token scam volume...is essentially ONE.

Its no bueno for your BTC dreams........to see the on-ramp & off ramps to the USA cutoff for these token offering...which are really just IPO's.

The provisional agreement reached by the European Union (EU) on the Markets in Cryptoassets (MiCA) directive is a significant development for the regulation of the crypto industry. This landmark set of rules will bring cryptoassets under the supervision of the European body that regulates securities markets, making it the first attempt globally to supervise the sector on such a large scale.:cool:

Bad news too - MICA is a disaster for crytpo.....EU took a different approach than the US.....they kind of decided to call crypto bluff and write new laws.....but really all MICA is when you look at it and I have.....is a document that takes known crypto structures and funnells them neatly into EXISTING financial regulation buckets (e-money, payment institution, MIFID, UCITS etc.).

It has destroyed the domestic ITO industry in Europe....cause every prospective issuer.....looks at MICA and finds out they need to call a regualtor....but the problem is if your project is vaporware (i.e. scam) and it needs to meet disclosure requirements, listing requirments etc. you throw your hands up in the air.

To the extent that is any "there, there" in European crypto......only the legit will pursue regulatory compliance to issue a token....but the threshold has gone way up

Same now in the US.....you'll need to purse a Reg D filing or IPO.

Scams & specualtive bubble behavour has driven crypto for the last 13 years.......the EU and the USA in their own respective ways......have closed of their markets or are in the process of closing off their markets.......the problem for crypto is thats where the MONEY is.

The biggest shame is all these ponzi's are going to direct their scam energy to the 2nd and 3rd world now......less profitable than EU/USA for sure....but selling digital zeros and ones....is very profitable....so they'll live....but so much for crypto being the saviour of the developing world.....its gonna rob them blind....and there gonna lose a lot of money....the biggest crime is they have so liitle money to lose vs. their EU/USA counterparts.
 
@letitroll I hope you are right.
IANAL but I did read the Torres judgement. It made a big play that the seller/promoter had to be selling a story of people working to help you make a profit, or something like that. I think pseudo promo material about bitcoin future share of the world money supply or its wonderful diversification benefits or its digital gold qualities seemed to escape as they did not suggest that these marvels would be the result of profits earned by hard working folk.
If exchanges have in any way promoted the "profits" that would be gained from innovation, then they are goosed, but if they just made silly predictions of the price of what the judge referred to as a "string of digital entries" might become, then they're in the clear.
 
There are more than doge/btc/nfts. In fact in the early alt-coin days a 'fair launch' was kind of the norm, Litecoin and Monero are other examples that are still alive. I don't think the presence of a whitepaper matters (bitcoin has a whitepaper) but a fair launch matters a lot.

The question comes down to the profit expectation via the endeavors of others…..the others….is important….if the ‘others’’ are functionally the same person or the group of people as the promoters of the initial token offering is what matters.

As you know the trick in crypto - post- ITO - is to atomize the parent company that did the ITO….

(1) you setup a foundation that ‘runs’ the “community” (l laugh as a type that)
(2) another bunch of founders effectively runs off with a big chunk of the outstanding tokens….and effectively become the technology development department of this atomized ‘company’ (atomized for legal obfuscation purposes)…they have sufficient token control to push consensus changes to the “de-centralized” DAO blockchain tech….exactly like a CTO would
(3) like Ripple labs…you setup a use case/killer app company…this was the initial business idea you sold to investors that sits on top of the utility token….somebody needs to use these tokens initially for them to be worth something of course!!! and the TAM of the underlying market that the token economics needs to address needs to be sufficiently HUGE like cross-border payments (XRP) to create the illusion of upside.

I’ve said it before the great innovation in crypto is the legal entity & participant obfuscation that was created to ‘muddy’ the waters….on what are ultimately traditional illegal penny stock/ securities offerings, multi-level marketing schemes, pyramids and ponzis.
 
Sweet Jesús - I'm not wading into that nonsense.

1. You're not a securities lawyer.
2. You referred to 'my legal pals tell me'. You're paying heed to some clown online that shares your partisan view on crypto. And now you won't cite whatever it is they're putting out there. Evidently, they lack credibility - just like you. There's nothing to discuss.
 
It made a big play that the seller/promoter had to be selling a story of people working to help you make a profit, or something like that.

Yep the exchange in the case acted as the 'cut-out'.....and given that it was SEC vs. Ripple....not SEC vs. Exchange + Ripple.......the DTC relationship between Ripple Labs endeavours....and the end purchaser of XRP on secondary markets......was deemed too weak to charge Ripple Labs with being engaged in the on-going ilegal sale of XRP tokens......they did exactly what I outlined above:

https://foundation.xrpl.org/.........XRP ledger foundation.

The Judge ruled that Ripple labs.....the 'narrow XRP for cross-border payments use case' company was deemed to sufficiently distant from the end purchases of XRP secondary sales on foreign exchanges that Ripple Labs was deemed not to have created a direct investment contract with them.

The US went through this problem of 'cut outs' before.......with the MOB.......Mob bosses were directing crimes but never committing them themselves.....Mob bosses were sufficiently distant from the crimes to be difficult to prosecute.......the US developed legislation around this under the conspiracy and racketeering laws......if by some Satoshi miracle the SEC fails to shut down Coinbase/Binance (the main choke point in US crypto land)......I expect the SEC will refer these cases to the justice department to tackle under the racketeering & conspiracy statutes. They won't need too.......Coinbase USA can be completely destroyed by proving just one token on the platform was security....there are so many its not even funny.....the stalking product (Coinbase Earn) they sold and continue to sell is a security (endeavour of others...they setup a complicated stalking node for you and send you the proceeds..what could be clearer.).....the VGX token IMO is probably the easiest slam dunk ilegal securities case I ever saw....it was effectively launched and promoted directly by the promoters on Coinbase....again they will get taken down for being an unregistered broker-dealer, an exchange & a clearing house and will go broke for VGX alone + stalking product.....never mind the other tokens listed in the SEC suit:
  • Solana (SOL), Cardano (ADA), Polygon (MATIC): Included in the lawsuit
  • Filecoin (FIL), Sandbox (SAND), Axie Infinity (AXS): Also included in the lawsuit
  • Chiliz (CHZ), Flow (FLOW), Internet Computer (ICP), Near (NEAR), Voyager Token (VGX), Nexo (NEXO): Added to the lawsuit
  • AMP, RLY, DDX, XYO, RGT, LCX, POWR, DFX, KROM: Listed as securities in a lawsuit against a former Coinbase employee for alleged insider trading
Unlike the Ripple case with one token (XRP).........all the SEC needs to do is prove one of the above was an unregistered security......I like their odds.....I like their odds very very very much.....I've always struggled to find a good way to short crypto (counterparty risk is to great with the exchanges/brokers)..........Coinbase might be the vehicle I've waited for all these years....previously it was kind of an impure way to play it.....but with its destruction (almost) assured over a 5 yr period Coinbase is going 90 miles an hour down a dead end street. It is not going to end well.
 
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