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    E1156: Emergency Pod! Ripple sued by SEC over XRP cryptocurrency, breaking down the SEC Complaint

    en-usDecember 23, 2020

    Podcast Summary

    • SEC sues Ripple for selling unregistered securities, potential jail time for executivesBusinesses need insurance coverage, including cyber, D&O, E&O, and EPL, to protect against financial losses from lawsuits and liabilities. Embroker is a recommended insurance broker.

      Ripple, the third-largest cryptocurrency company with a market cap of 10 billion, is facing legal action from the Securities and Exchange Commission (SEC) for selling unregistered securities. The SEC's lawsuit against Ripple could result in jail time for its executives. Meanwhile, it's essential for businesses to prioritize obtaining insurance coverage, including cyber insurance, Directors and Officers (D&O) insurance, Errors and Omissions (E&O) insurance, and Employment Practices Liability (EPL) insurance. These coverages can protect companies from financial losses due to lawsuits and other liabilities. Embroker is a recommended insurance broker that offers competitive pricing and comprehensive coverage.

    • Ripple's XRP Token Sales Allegedly Violated Securities LawsThe SEC has filed a lawsuit against Ripple's executives for selling unregistered securities, potentially impacting the crypto industry with legal implications

      While Bitcoin is decentralized and its tokens are not controlled by any single entity, Ripple is a private company that owned and sold a significant amount of its XRP tokens, totaling over $1.3 billion, without registering them as securities. The SEC has filed a lawsuit against Ripple's executives, Brad Garlinghouse and Chris Larson, alleging that they sold unregistered securities, creating an information vacuum and misleading investors about the true nature of XRP. This opaqueness and potential violation of securities laws has led to concerns about the legality of Ripple's token sales and the potential consequences for those involved. The SEC's action is not an attack on crypto but an enforcement of security laws, and the outcome of this lawsuit could have significant implications for the crypto industry.

    • SEC alleges Ripple executives sold unregistered securities and withheld information from investorsSEC accuses Ripple executives of selling unregistered XRP securities, withholding info, and potentially manipulating the market, putting investors at risk.

      According to the SEC's allegations, Ripple, through its executives Brad Garlinghouse and Chris Larsen, engaged in the sale of unregistered securities, XRP, while withholding crucial information from investors. This behavior, as described in the documents, is reminiscent of a Ponzi scheme and potentially insider trading. The executives continued to hold substantial amounts of XRP and used their knowledge of future plans to potentially manipulate the market for their benefit. This lack of transparency and disregard for regulatory guidelines put investors at risk and raised concerns of illegal activity.

    • SEC alleges Ripple sold XRP as unregistered security, earning millionsSEC accuses Ripple and its executives of selling XRP as an unregistered security, potentially violating laws and causing potential losses for XRP holders.

      According to the SEC, Ripple and its executives, including Chris Larson, allegedly sold XRP as an unregistered security, earning millions while knowingly going against legal advice and prior settlements. This action, which reportedly netted Larson and his wife $450 million, could be considered a violation if the same situation involved a physical product or a smaller sum of money. The SEC's allegations suggest a potential "shell game" strategy, where Ripple raised funds through XRP sales while not utilizing the token in their software, and even while supposedly settling a similar case in 2008. These actions, if proven in court, could lead to significant losses for XRP holders.

    • Potential Illegal Activities Surrounding XRP Sales by RippleRipple's sale of XRP to institutional buyers and market makers at discounted prices, as well as payments for integration, may be seen as manipulative and potentially illegal. Lack of transparency and filings in the crypto space fuels concerns.

      The discussion raises concerns about potential illegal activities surrounding the sale of XRP by Ripple. Brad Garlinghouse sold over 321 million XRP, generating approximately 150 million, but it's unclear what the buyers received in return. The sale of XRP at a discount to market prices to institutional buyers and market makers, as well as payments to companies for XRP integration, could be seen as manipulative and potentially illegal. The comparison to an illegal casino highlights the responsibility of the casino owner in such situations. Ripple's attempts to persuade Coinbase to list XRP, despite unsuccessful efforts, also adds to the speculation. The discussion suggests a possible pump-and-dump scheme or illegal market manipulation, and the lack of transparency and filings in the crypto space increases the concern. The involvement of market makers and promoters in the distribution of XRP further fuels the suspicion. The community is encouraged to share any information they may have on potential promoters or illegal activities related to this case.

    • SEC accuses Ripple of market manipulation with XRPThe SEC alleges Ripple manipulated XRP market through insider buying and paid large holders for custody, potentially involving unregistered security offerings and market manipulation.

      According to the SEC's allegations, Ripple, through its executives, engaged in market manipulation of XRP, an unregistered security, by paying large XRP holders for custody and attempting to manipulate the market by creating the illusion of demand through insider buying. This is reminiscent of protection money or paying off authorities to make certain situations go away. The SEC's investigation, which reportedly took years, suggests they have amassed significant information. The alleged manipulation tactics included painting the tape, or creating fake trades to give the appearance of market momentum. Ripple's CEO, Brad Garlinghouse, reportedly approved of these manipulation efforts. This behavior, if true, involves committing two layers of crime at once - unregistered security offerings and market manipulation.

    • Ripple's Alleged Market ManipulationRipple executives allegedly manipulated XRP's market through tactics like fake trades, buybacks during underperformance, and supply limiting, amassing over $600 million for themselves, violating securities laws.

      Ripple, as alleged by the SEC, engaged in illegal activities to manipulate the market and fund their company through the sale of XRP. This included approving a buyback during a period when XRP underperformed Bitcoin, and employing tactics such as fake trades and supply limiting to manipulate the market. The company reportedly paid developers to find problems in XRP's ledger code and sold XRP to as many speculative investors as possible, creating a "splashy cashy" effect. Despite having been warned against such actions, Ripple executives continued to engage in these practices, amassing over $600 million for themselves. The SEC argues that these actions constitute a Ponzi scheme and violate securities laws. The case raises questions about why companies in the cryptocurrency space feel the need to engage in such practices when the technology itself holds great promise.

    • SEC's lawsuit against Ripple: A reminder of crypto regulationsThe SEC's lawsuit against Ripple and its executives for selling XRP as an unregistered security underscores the importance of following regulations in the crypto industry. The consequences of disregarding rules can lead to fraudulent behavior, potential criminal charges, and increased scrutiny from regulatory bodies.

      The SEC's lawsuit against Ripple and its executives for selling XRP as an unregistered security serves as a stark reminder that rules and regulations must be followed in the crypto industry. The individuals involved, who had reputable backgrounds, allegedly engaged in fraudulent behavior by selling XRP tokens without a clear product or use case, leading to potential criminal charges. This situation underscores the importance of transparency and honesty in the crypto space, and the consequences of disregarding regulations. It also highlights the SEC's increased scrutiny on larger crypto projects, not just small ones. While some may view this as a setback for crypto, it ultimately reinforces the need for accountability and adherence to rules in the industry.

    • The importance of fairness and ethical practices in cryptocurrencyFair distribution, transparency, and ethical practices are crucial for the sustainable development and adoption of cryptocurrency and new technologies.

      A fair distribution of cryptocurrency like Bitcoin, where no one hoards a large percentage of coins at the beginning, and mining is a decentralized process, could lead to a more equitable system. Innovation is important, but it should not come at the expense of ethical practices. The speaker emphasized that stealing from people is not innovative, and this sentiment is particularly relevant in the context of cryptocurrency and blockchain technology. This discussion also touched upon the importance of transparency and the potential benefits of a distributed mining technology. The speaker's perspective aligns with the values of decentralization and fairness that underpin the cryptocurrency community. In addition, the speaker mentioned Embroker and its Startup Insurance Program, which offers startups lower costs and less hassle for securing important types of insurance. The use of this segment to promote Embroker highlights the entrepreneurial spirit that drives the tech industry and the importance of addressing the practical needs of startups. Overall, the key takeaway is that fairness, transparency, and ethical practices are crucial elements in the development and adoption of new technologies like cryptocurrency. These values should be prioritized alongside innovation to create a sustainable and inclusive ecosystem.

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    (20:57) DevSquad - Get an entire product team for the cost of one US developer plus 10% off at http://www.devsquad.com/twist

    (22:13) Jason shares an anecdote of how he helps others.

    (24:17) Will and Jason riff on interesting examples of unreasonable hospitality, including one that should exist for airplane passengers.

    (30:44) LinkedIn Ads - Get a $100 LinkedIn ad credit at http://www.linkedin.com/thisweekinstartups

    (32:12) A perspective shift that changes the value of call centers.

    (36:03) How the show The Bear lifted Will’s ‘NY street hotdog’ story and made it their own - leading to his involvement for future seasons.

    (40:21) Will feels that The Bear was able to craft and articulate his message spot on in one of their best episodes.

    (42:22) How to gain from the addictive personality traits in the restaurant business.

    (51:15) The “Chicken for Two” at the NoMad hotel.

    (53:31) Breaking down the state of tipping culture and how its removal from Eleven Madison Park was highly successful.

    *

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    Check out “The Welcome Conference”: https://www.thewelcomeconference.com/

    Check out Will’s hospitality agency “Thank You”: https://www.thankyou.nyc/

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    This Week in Startups
    en-usJune 14, 2024

    Inflation cools, how Waymo handled a crash, and the next startups to go public | E1965

    Inflation cools, how Waymo handled a crash, and the next startups to go public | E1965

    This Week in Startups is brought to you by…

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    Todays show:

    Alex Wilhelm joins Jason to discuss Waymo crash implications (3:53), Apple's AI announcements post-WWDC (17:17), inflation cooldown (27:21), and more!

    *

    Timestamps:

    (0:00) Jason and Alex kick off the show

    (3:53) How Waymo handled a crash and self-driving car standards

    (8:08) Eight Sleep - Head to https://www.eightsleep.com/twist and use code TWIST to get $350 off the Pod 4 Ultra.

    (10:04) Car safety technology

    (17:17) Apple's AI announcements and stock impact

    (25:41) Zendesk - Get six months free at

    http://www.zendesk.com/twist

    (27:21) Inflation update: Recent CPI data and its implications

    (33:34) High interest rate environment and venture capital

    (40:48) CLA - Get started with CLA's CPAs, consultants, and wealth advisors now at ⁠https://claconnect.com/tech

    (42:12) 10 companies most likely to IPO

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    Mentioned on the show:

    https://www.reddit.com/r/SelfDrivingCars/comments/1cxo27o/waymo_car_crashes_into_pole/

    https://www.theverge.com/2024/6/12/24175489/waymo-recall-telephone-poll-crash-phoenix-software-map

    https://techcrunch.com/2024/02/13/waymo-recall-crash-software-self-driving-cars/

    https://techcrunch.com/2024/06/12/waymo-second-robotaxi-recall-autonomous-vehicle/

    https://www.cnbc.com/quotes/AAPL?qsearchterm=aapl

    https://www.bls.gov/news.release/cpi.nr0.htm

    https://x.com/ashugarg/status/1800658425040253309

    https://www.cnbc.com/quotes/US2Y

    https://www.wsj.com/livecoverage/fed-meeting-fomc-interest-rate-decision-cpi-inflation-june-2024/card/traders-firmly-expect-a-rate-cut-in-september-q8qGgjh8jorUx56RBpK8

    https://kalshi.com/markets/ratecutcount/number-of-rate-cuts#ratecutcount-24dec31

    https://www.cnbc.com/2024/06/12/fed-meeting-today-on-interest-rate.html

    https://www.crunchbase.com/organization/databricks

    https://www.crunchbase.com/organization/gusto

    https://archive.is/fGJav#selection-2217.0-2226.0

    https://www.crunchbase.com/organization/shein-b79e

    https://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001514587&owner=exclude&count=40&hidefilings=0

    https://www.crunchbase.com/organization/turo

    *

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    (8:08) Eight Sleep - Head to https://www.eightsleep.com/twist and use code TWIST to get $350 off the Pod 4 Ultra.

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    (40:48) CLA - Get started with CLA's CPAs, consultants, and wealth advisors now at ⁠https://claconnect.com/tech

    *

    Great 2023 interviews: Steve Huffman, Brian Chesky, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

    Check out Jason’s suite of newsletters: https://substack.com/@calacanis

    *

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    *

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    This Week in Startups
    en-usJune 12, 2024

    Apple’s WWDC 2024: Reactions, Highlights & Breakdowns with Jason and Alex | E1964

    Apple’s WWDC 2024: Reactions, Highlights & Breakdowns with Jason and Alex | E1964

    This Week in Startups is brought to you by…

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    *

    Timestamps:

    (0:00) Jason and Alex kick off the show

    (1:50) Jumping into the keynote from Apple and whether or not it impressed.

    (5:24) “Apple Intelligence” has landed!

    (8:32) Reactions to the new Siri.

    (10:00) Squarespace - Use offer code TWIST to save 10% off your first purchase of a website or domain at http://www.Squarespace.com/TWIST

    (12:42) The importance of Apple’s addition of “on-screen awareness”.

    (16:30) Breakdown of Apple’s use of data with their AI.

    (19:48) LinkedIn Jobs - Post your first job for free at https://www.linkedin.com/twist

    (23:53) ChatGPT’s integration with Siri.

    (26:32) Unpacking the “free” use of ChatGPT with Apple products.

    (30:01) Equinix - Join the Equinix Startup Program for up to $100K in credits and much more at https://deploy.equinix.com/startups

    (31:07) Discussing the relationships between OpenAI and Microsoft and now Apple.

    (34:44) More “ooohs” and “ahhhs” from Apple’s new Image Playground.

    (40:25) Jason breaks down other key announcements from WWDC 2024 including a password manager and Apple TV’s new “Insights”.

    *

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    Links:

    Watch Apple’s WWDC 2024 Keynote: https://developer.apple.com/videos/play/wwdc2024/101/

    Article on Fearless Fund: https://www.bloomberg.com/opinion/articles/2024-06-06/the-fearless-fund-should-keep-fighting-racism-in-venture-capital

    *

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    (30:01) Equinix - Join the Equinix Startup Program for up to $100K in credits and much more at https://deploy.equinix.com/startups

    *

    Great 2023 interviews: Steve Huffman, Brian Chesky, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

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    *

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    This Week in Startups
    en-usJune 11, 2024

    The state of seed, the first TWIST500 startups, and the impact of anonymous apps on society | E1963

    The state of seed, the first TWIST500 startups, and the impact of anonymous apps on society | E1963

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    *

    Todays show:

    Alex Wilhelm joins Jason to discuss concerns about the app "Fizz" (12:24), the state of seed (31:35), the first TWIST500 startups (58:58), and more!

    *

    Timestamps:

    (0:00) Jason and Alex kick off the show

    (11:15) Attio - Head to https://attio.com/twist⁠ to get 15% off for your first year.

    (12:24) Concerns about the app "Fizz" and the use of anonymity in social media apps

    (19:14) The impact of anonymous apps on society, parenting concerns, and the responsibility of investors in harmful tech startups

    (23:16) The case for banning smartphones in schools

    (30:19) OpenPhone - Get 20% off your first six months at https://www.openphone.com/twist⁠

    (31:35) The state of seed

    (35:33) Impact of AI on startup efficiency

    (38:17) .Tech Domains - Apply for the “Jam with JCal” contest today at https://www.jamwithjcal.tech

    (39:45) The variety of seed deals

    (45:13) How to leave and join a rival company legally

    (58:58) The first TWIST500 startups

    (1:05:48) Impact of AI on journalism and media companies

    *

    Subscribe to This Week in Startups on Apple: https://rb.gy/v19fcp

    *

    Mentioned on the show:

    https://www.wsj.com/tech/personal-tech/fizz-is-the-latest-campus-gossip-app-it-took-two-days-to-shake-up-one-high-school-1d59ffd4

    https://www.businessinsider.com/gen-z-fizz-app-anonymous-messaging-cyber-bullying-vermont-2024-6

    https://techcrunch.com/2023/08/10/insiders-bet-more-on-fizz-a-social-network-that-has-now-bubbled-up-at-80-college-campuses/

    https://x.com/JonHaidt/status/1799525595509850522

    https://techcrunch.com/2017/04/28/yik-yak-shuts-down-after-square-paid-1-million-for-its-engineers/

    https://x.com/Jason/status/1799868195899376014/photo/1

    https://techcrunch.com/2024/06/07/y-combinator-yc-startups-tiny-seed-rounds-vc-investors-not-interested/

    https://x.com/dhh/status/1799427898652389827

    https://ticker.thisweekinstartups.com/

    https://www.forbes.com/sites/sarahemerson/2024/06/07/buzzy-ai-search-engine-perplexity-is-directly-ripping-off-content-from-news-outlets/

    https://techcrunch.com/2022/06/24/zendesk-drama-concludes-with-10-2-billion-private-equity-acquisition

    *

    Follow Alex:

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    LinkedIn: https://www.linkedin.com/in/jasoncalacanis

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    (11:15) Attio - Head to https://attio.com/twist⁠ to get 15% off for your first year.

    (30:19) OpenPhone - Get 20% off your first six months at https://www.openphone.com/twist

    (38:17) .Tech Domains - Apply for the “Jam with JCal” contest today at https://www.jamwithjcal.tech

    *

    Great 2023 interviews: Steve Huffman, Brian Chesky, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

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    *

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    This Week in Startups
    en-usJune 11, 2024

    Great Builders & Success First with Intercom’s Eoghan McCabe | E1962

    Great Builders & Success First with Intercom’s Eoghan McCabe | E1962

    This Week in Startups is brought to you by…

    LinkedIn Ads - To redeem a $100 LinkedIn ad credit and launch your first campaign, go to http://www.linkedin.com/thisweekinstartups

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    Northwest Registered Agent - Northwest Registered Agent will form your business quickly and easily. In just 10 clicks and 10 minutes, set up your entire business identity—name, address, mail service, phone, email, website, and domain. For just $39 plus state fees, Northwest will handle your complete business identity. Visit https://www.northwestregisteredagent.com/twist today.

    *

    Todays show:

    Intercom’s Eoghan McCabe joins Jason to discuss: the state of the business at Intercom and his return as CEO (8:33), the future of customer service with AI (24:28), what makes a great manager (59:36), and more!

    *

    Timestamps:

    (0:00) Intercom’s Eoghan McCabe joins Jason. (1:50) Family history of the two McCabe’s: Jason and Eoghan. (5:49) The kindness and dedication of Intercom’s co-founder Des Traynor. (8:33) What Intercom is, the state of the business and Eoghan’s return as CEO. (10:41) LinkedIn Ads - Get a $100 LinkedIn ad credit at http://www.linkedin.com/thisweekinstartups (12:37) Looking at overlap and adjacencies when you are building SaaS products. (16:36) The brilliance of the pre-seed pricing model, and is it broken? (19:47) .Tech Domains - Apply for the “Jam with JCal” contest today at https://www.jamwithjcal.tech (22:16) What is next for companies with. SaaS-based pricing. (24:28) The future of customer service and AI. (30:30) Northwest Registered Agent - For just $39 plus state fees, Northwest will handle your complete business identity. Visit https://www.northwestregisteredagent.com/twist today. (36:09) Expectations from AI one year from now. (45:23) Breaking down the negative press and social reaction to the Humane Pin. (52:34) What the world will look like as conversational AI develops. (59:36) What makes a great manager and the “return of the king” at Intercom.

    *

    Subscribe to This Week in Startups on Apple: https://rb.gy/v19fcp

    *

    Check out Intercom: https://www.intercom.com/

    *

    Follow Eoghan:

    X: https://x.com/eoghan

    LinkedIn: https://www.linkedin.com/in/eoghanmccabe/

    *

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    X: https://twitter.com/Jason

    LinkedIn: https://www.linkedin.com/in/jasoncalacanis

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    (10:41) LinkedIn Ads - Get a $100 LinkedIn ad credit at http://www.linkedin.com/thisweekinstartups

    (19:47) .Tech Domains - Apply for the “Jam with JCal” contest today at https://www.jamwithjcal.tech

    (30:30) Northwest Registered Agent - For just $39 plus state fees, Northwest will handle your complete business identity. Visit https://www.northwestregisteredagent.com/twist today.

    *

    Great 2023 interviews: Steve Huffman, Brian Chesky, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

    Check out Jason’s suite of newsletters: https://substack.com/@calacanis

    *

    Follow TWiST:

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    TikTok: https://www.tiktok.com/@thisweekinstartups

    *

    Subscribe to the Founder University Podcast: https://www.founder.university/podcast

    This Week in Startups
    en-usJune 08, 2024

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    🌐 CARTESI | APPLY FOR A GRANT
    https://bankless.cc/CartesiGovernance 

    🔗CELO | CEL2 COMING SOON
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    🏠 CASA | SECURE YOUR GENERATIONAL WEALTH
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    🗣️TOKU | CRYPTO EMPLOYMENT SOLUTION
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    🏙️ CONSENSUS | SAVE 20% WITH CODE BANKLESS
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    TIMESTAMPS

    0:00 Intro
    6:35 SEC vs. Ethereum 
    9:45 The Uniqueness of This Case
    11:15 88,000 Pages to the SEC
    12:11 SEC Going After Devs? 
    14:47 The Wells Notice
    16:27 ETH ETF
    17:58 Outcome of Consensys Winning  
    21:29 U.S. Law Process & Timeline
    25:55 Ether Isn’t a Security
    34:50 Gary’s Confidence Conspiracy  
    41:17 MetaMask Isn’t a Broker Dealer
    47:10 What is Prometheum? 
    51:10 How Can the SEC Win? What Happens to Crypto? 
    55:49 What the Crypto Community Can Do
    59:50 What Happens Next?
    1:03:15 Closing & Disclaimers

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    RESOURCES

    Consensys Complaint 
    https://consensys.io/crypto-regulations/defend-ethereum 
    https://assets.ctfassets.net/gjyjx7gst9lo/Bu1bK7DF3tSig9Atde0lM/2fcaadea2b111a8c3f3ebce4a6a2386c/Consensys_sues_the_SEC_in_defense_of_the_Ethereum_ecosystem.pdf  

    Joe Lubin
    https://twitter.com/ethereumjoseph  

    Matt Corva
    https://twitter.com/MattCorva  

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