February 2024 - cypherpunks - lists.cpunks.org

Binance and Coinbase vs. the SEC - Litigation Finance Journal
by Gunnar Larson 28 May '24

28 May '24

Check out a recent article of mine: https://litigationfinancejournal.com/binance-and-coinbase-vs-the-sec/ On June 5, 2023, the United States Securities and Exchange Commission (SEC) sued the world’s largest cryptocurrency exchange, Binance, for allegedly misleading investors and regulators while operating an unregistered exchange. One day later, the SEC sued the largest cryptocurrency exchange in the United States, Coinbase, for similar allegations. Now, litigation financiers around the globe look on as top law firms organize to defend Binance and Coinbase against the SEC. Bloomberg Law reports that Binance and Coinbase have tapped some of the United States’ top law firms to defend their future to exchange nearly $120B in cryptocurrency token assets. The SEC claims that most of these tokens sum up to unregistered securities. Binance and Coinbase deny any wrongdoing. Agencies such as Lipton, Rosen & Katz, Milbank, Latham & Watkins, Wilmer Hale and Sullivan & Cromwell are among those said to bank upwards of $50M – $100M in legal fees for Binance’s and Coinbase’s defense against the SEC’s recent actions. Sullivan & Cromwell is reported to have billed over $80M in fees associated with the FTX Chapter 11 bankruptcy litigation, according to court documents. The SEC says that unregistered securities in the form of cryptocurrency violate US investor protection laws. Yet, former SEC leaders have joined Binance’s defense team. Richard Grime (of Gibson Dunn & Crutcher) has been hired by Binance. Mr. Grime formerly served as assistant director of the SEC’s enforcement division. William McLucas (of Wilmer Culter Pickering Hale and Dorr) formerly served as the SEC’s enforcement director. Mr. McLucus has been hired by BAM Trading Services, the operator of Binance.US. What does all of this mean for the litigation finance industry? Experts suggest that private actions could be explored by litigation investors and their clients in the wake of the SEC’s approach to cryptocurrency tokens being exchanged as unregistered securities. However, collectability remains a pertinent issue for litigation investors, as they consider whether to pursue crypto litigation funding.

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Directorates Who Discredit Truthful Witnesses (W/80 Highlights)
by Gunnar Larson 19 May '24

19 May '24

“And the persons who ultimately are harmed by all of this, of course, is the average consumer, the average citizen, who has no knowledge, unless it paid attention to this hearing, of the extent of the manipulations that have been carried out by the largest financial institutions in America and, indeed, probably the world.” - Senator John McCain *Highlights and working notes on the ethical limits of discrediting the truthful witness, observing modern directorates and ethics rules that fail to prevent truth distortion by unethical means (Source research by Marquette Law Review).* History provides the epic example of Enron and a cunning Board of Directors of misleaders, a team of flimflam artists who used sly rhetorical skills to bamboozle the public, turning night into day. In this conception, directorates tell stories only in order to seduce and beguile regulators who fall prey to the advocate’s star-crossed tricks. Why do company Directors employ unethical, false story techniques to advance a false defense when ethical means are available? The exponential effects of this troublesome behavior requires that the firm’s every word, action and attitude be consistent with the conclusion that is dishonest. Board directors are the ultimate self policing body of an organization, responsible for setting the tone for ethical rules and standards. Not only are modern ethical rules unable to prevent directorates who use of false-story techniques, but little can be done in the way of reforming the rules themselves so that they can more effectively regulate the unethical means by which honesty is systematically discredited and made to look untruthful. - As witnessed in New York State recently, top leaders sometimes ignore ethical rules by rationalizing away conduct known to be unethical standards of professional behavior. - More abstract-oriented discussions concerning whether society’s best interests are advanced with attempts to distort outcomes by discrediting the truth has even impacted virtual currency innovation out of New York. These points simply seem invented as an outrageous scenario presented to the public by way of question, yet they are indeed true. - There is a pattern of routinely using an arsenal of tricks to subvert the truth. The culprit may argue that the version of events is untruthful, because of a motive to fabricate the truth. In actuality, incompetence is the only true motive to fabricate directorate supported dishonesty. Now more than ever, honest and ethical leaders know that each time a directorate uses talents and skills to pollute the marketplace with lies (either explicit or implicit) to manipulate profits is an act that initially diminishes the chances of a prosperous society. Such practice of engaging in conduct that involves dishonesty, fraud, deceit or misrepresentation is impermissible and should not be tolerated. Without swift action, the public may lose confidence in both system wide innovation and maximizing the whole human potential of our species. - Alternatively, employing truthful answers to string together a series of inferences that collectively weaken the case of interlocking directorates. - Vigorously defending potentially problematic interlocking directorates can be systematically re-purposed with the goal of protecting the innocent. We share 80 highlights to Todd A. Berger’s (published by Marquette Law Review) “The Ethical Limits of Discrediting the Truthful Witness: How Modern Ethics Rules Fail to Prevent Truthful Witnesses from Being Discredited Through Unethical Means.” https://thecapital.io/article/directorates-who-discredit-truthful-witnesses… -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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Fwd: [OpenRecords] Request FOIL-2023-836-00688 Extended (Mayor Adams announced paychecks will automatically be converted into cryptocurrency via Coinbase)
by Gunnar Larson 12 May '24

12 May '24

FBI, my masters in digital currency comes from Nicosia, Cyprus the only military divided capital city on the planet with UN peace keeping mission. If Gunnar Larson calls Coinbase Turkey to turn in Mayor Adams will you innovate for the women? 1-800-94-Jenny. ---------- Forwarded message --------- From: <donotreply(a)records.nyc.gov> Date: Tue, Oct 17, 2023, 2:52 PM Subject: [OpenRecords] Request FOIL-2023-836-00688 Extended To: <g(a)xny.io> The Department of Finance (DOF) has *extended* the time to respond to your FOIL request FOIL-2023-836-00688 <https://a860-openrecords.nyc.gov/request/view/FOIL-2023-836-00688> for the following reasons: You can expect a response on or about Friday, December 15, 2023. Additional Information: As indicated above, we are extending the time to respond because we are working on locating and compiling responsive records, after which we must subject records to legal review. Thank you for your continued patience. Please visit FOIL-2023-836-00688 <https://a860-openrecords.nyc.gov/request/view/FOIL-2023-836-00688> to view additional information and take any necessary action.

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Steve Jobs's Father Was a Syrian Migrant
by Gunnar Larson 12 May '24

12 May '24

https://www.usnews.com/news/articles/2015/12/11/steve-jobss-father-was-a-sy… U.S. News and World Report LogoSkip to content NEWS Steve Jobs's Father Was a Syrian RefugeeNewsHome Steve Jobs's Father Was a Syrian Refugee Banksy calls attention to a little-known fact in a new art installment in Calais. By Rachel Dicker Dec. 11, 2015 Save More U.S. News & World Report More This mural, created by Banksy, portrays the Apple co-founder as a Syrian refugee, drawing attention to his roots.BANKSY As civil war and Islamic State-related violence rend Syria, thousands are fleeing the country and looking to resettle. While some countries, such as Canada, are welcoming Syrian refugees with open arms, others, such as the United States, have been more xenophobic. Renowned graffiti artist Banksy recently did an installation in a Calais refugee camp depicting Steve Jobs as a Syrian refugee. BANKSY "We're often led to believe migration is a drain on the country's resources but Steve Jobs was the son of a Syrian migrant," Banksy said in a rare public statement obtained by BBC. Indeed, Jobs's biological father is Abdulfattah "John" Jandali, a Syrian-born man who emigrated to the United States. BANKSY "Apple is the world's most profitable company," Banksy added. "It pays over $7bn (£4.6bn) a year in taxes - and it only exists because [the United States] allowed in a young man from Homs." Tags: Steve Jobs, Syria Coronavirus Bulletin Stay informed daily on the latest news and advice on COVID-19 from the editors at U.S. News & World Report. Email Address Sign Up Sign in to manage your newsletters » Sign up to receive the latest updates from U.S News & World Report and our trusted partners and sponsors. By clicking submit, you are agreeing to our Terms and Conditions & Privacy Policy. YOU MAY ALSO LIKE The 10 Worst Presidents Cartoons on President Donald Trump Photos: Obama Behind the Scenes Photos: Who Supports Joe Biden? Jobs Gains Dash Expectations See More » RECOMMENDED ARTICLES BEST COUNTRIES BEST STATES HEALTHIEST COMMUNITIES NEWS CITIES LEADERS THE REPORT PHOTOS ELECTIONS EVENTS U.S. News & World Report About Editorial Guidelines Contact Press Advertise Newsletters Jobs Site Map Store Copyright 2022 © U.S. News & World Report L.P. Terms & Conditions/Privacy Policy/California Privacy Notice/California Do Not Sell My Personal Information Request

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Here’s how Orange County went broke 25 years ago
by Gunnar Larson 12 May '24

12 May '24

https://www.ocregister.com/2019/12/06/heres-how-orange-county-went-broke/am… The scene, 25 years ago this month, could have been lifted from a mob movie: Ten top power-brokers in Orange County government headed to an exclusive Italian restaurant for a secret Saturday dinner. Strung out from a string of all-nighters — they’d been working to keep the county’s $20 billion investment pool from imploding — the meal was to be a pressure-reliever, a breather, a reward. Despite the headlines just two days earlier — “O.C. fund down $1.5 billion” — it seemed, on Dec. 3, 1994, that things might work out. During marathon calls with Wall Street brokers and local city bureaucrats they’d delivered a smooth new mantra — *“It’s just a paper loss. Everything’s under control… Don’t panic!”*

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Fwd: CityCoins Tweeted: CityCoins are another tool in a city's toolbox. ...
by Gunnar Larson 12 May '24

12 May '24

Wow, MIA and NYCCoin are claiming to be 100x better than municipal bonds... With some sort of tax scheme of opportunity? ---------- Forwarded message --------- From: Twitter <info(a)twitter.com> Date: Fri, Mar 11, 2022 at 12:22 AM Subject: CityCoins Tweeted: CityCoins are another tool in a city's toolbox. ... To: Gunnar Larson <g(a)xny.io> ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FGunnarLarson…> <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2F&t=1+1646976…> Your Highlights [image: CityCoins's avatar] CityCoins @mineCityCoins <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> CityCoins are another tool in a city's toolbox. CityCoins are a 100x improvement on municipal bonds. These bonds aren't held by citizens. They're issuing debt that falls on taxpayers to repay. That's tax from compulsion, not tax from opportunity. [image: reply] <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> 2 <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> [image: retweet] <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> 7 <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> [image: like] <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> 30 <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FmineCityCoin…> <https://twitter.com/i/redirect?url=https%3A%2F%2Ftwitter.com%2FBigImpactHum…> -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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Breaking News: Robinhood Rebrands as 'Libra'
by Gunnar Larson 12 May '24

12 May '24

*SILICON VALLEY - Embroiled in the naturally malevolent evolutionary controversy of brand fakery <https://thecapital.io/article/robinhoods-brand-fake-vs-paypals-crypto-corru…> in the name of manipulating humanity, Robinhood Markets (a financial services company) rocked the brand marketing world by finally coming to its senses while vindicating Mr. Hood’s legacy. The company has distanced itself from the old Robinhood firm image of “we take advantage of our customers” with a fresh rebrand as ‘Libra.’* *Celebrated humanitarian Richard Simmons applauded the name change. “Mr. Hood’s story of altruism is loved by young and old alike world-wide. Today Mr. Hood is vindicated from association to the former Robinhood’s tricky company shenanigans. The new ‘Libra’ image is a super smart act of serving our country well... I hope the all-stars at Bear Stearns will join me in congratulating the new ‘Libra’ brand,” Simmons said.* *The nature and timing of the brand change raised eyebrows in New York, a recent familiar reaction to news from our pal <https://thecapital.io/article/robinhoods-brand-fake-vs-paypals-crypto-corru…>s from the Valley.Gleefully contemplating the long term impact on society, this reporter touts the courage of the real Mr. Hood for opposing forces similar to that of the former Robinhood.History will celebrate the newly minted Libra, which will be hailed for its valor in rebranding, even though it did so to escape the regulatory cloud that has hung over the Robinhood project since it first came into the public domain.(A Satirical Monograph on the News) *

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Hong Kong and Singapore Litigation Investment Forecast
by Gunnar Larson 12 May '24

12 May '24

Hong Kong and Singapore Litigation Investment Forecast <https://litigationfinancejournal.com/hong-kong-and-singapore-litigation-inv…> International arbitration has experienced an uptick in activity over the past decade, with litigation finance driving increased accessibility to quality arbitration outcomes. Hong Kong and Singapore have both passed regulations to authorize third party funding in each jurisdiction. New research sponsored <https://drive.google.com/file/d/1eqM4r9MPm7JDSBEo8QlHcG8uKDTrW13t/view?usp=…> by the Chinese University of Hong Kong, led by faculty of law professor Can Eken profiles Hong Kong and Singapore’s regulatory environment in granular detail. Eken compares and contrasts nuances between both markets, while asking what innovations Hong Kong and Singapore may embrace to further expand third party funding engagement across the international arbitration spectrum. Governments in Hong Kong and Singapore overwhelmingly embrace a ‘soft touch’ approach to litigation finance regulation. Forecasting the region’s growth prospects signal both Hong Kong and Singapore are in competition to be Asia’s arbitration capital, supported by friendly third party funding regulation. Eken suggests that with the high cost associated with international arbitration, viability is often framed by financial capacity. With such need, Hong Kong and Singapore are recognized as having pioneered international arbitration regulation, legalizing the use of third party funding agreements. As an added bonus, we have included 36 highlights <https://drive.google.com/file/d/1eqM4r9MPm7JDSBEo8QlHcG8uKDTrW13t/view?usp=…> to Eken’s 23 page essay for your general reference. -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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NY-DFS Proposed Guidance on Character and Fitness (Extension Appeal)
by Gunnar Larson 28 Apr '24

28 Apr '24

Coinbase is up 40% this month: https://www.google.com/finance/quote/COIN:NASDAQ?sa=X&ved=2ahUKEwjO3sCmxrCE… Goldman's first Bitcoin backed loan to COIN back in 2022 would of had fantastic returns: Goldman Offers Its First Bitcoin-Backed Loan in Crypto Push https://www.bloomberg.com/news/articles/2022-04-28/goldman-offers-its-first… We will always have the Bloomberg Crypto Summit. ---------- Forwarded message --------- From: Gunnar Larson <g(a)xny.io> Date: Wed, Jun 28, 2023, 2:14 AM Subject: Re: NY-DFS Proposed Guidance on Character and Fitness (Extension Appeal) To: <kathleen.scott(a)dfs.ny.gov> Cc: <BankingComments(a)dfs.ny.gov>, <cypherpunks(a)cpunks.org> Ms. Scott: Additionally, xNY.io - Bank.org respectfully submits Coinbase's Brian Armstrong on Bloomberg.com: https://www.bloomberg.com/news/videos/2023-01-12/the-david-rubenstein-show-… as a matter for public comment for NY-DFS' "Proposed Guidance on Character and Fitness." The Bloomberg interview with Coinbase showed top journalistic integrity, yet, Coinbase failed to mention any NY-DFS investigation or pending action. The interview aired last December, before the 100M Coinbase settlement was announced by NY-DFS concerning Coinbase's BitLicense compliance. NY-DFS' approach to Coinbase and Goldman Sachs (who took Coinbase public) share independent insider trading scenarios that could disrespect the United States Department of Justice, Criminal Division, Fraud Section and Money Laundering and Asset Recovery Section compliance programs. We have collated 34 highlights that describe a corporate opportunity policy framework to gauge character and fitness of the "first Bitcoin loan" backed by a New York banking institution here: https://drive.google.com/file/d/1Yx88RMoeLyyfbNK0RtPl4r-m8N21_1Sp/view?usp=… . Per point one of NY-DFS' "Suggested Questions to Facilitate Initial and Ongoing Assessment of Designated Persons’ Character and Fitness," can you kindly acknowledge that you have reviewed and understand our appeal seeking extension for public comment to August 5, 2023? We feel extra time for public comment is warranted to ensure that xNY.io - Bank.org did not play a significant role or otherwise contribute in a meaningful way to the conduct that led to regulatory action or proceeding without ample notice. Thank you, Gunnar On Wed, Jun 28, 2023, 12:04 AM Gunnar Larson <g(a)xny.io> wrote: > Ms. Scott: > > NY-DFS recently asked for public comment concerning "Proposed Guidance on > Assessment of the Character and Fitness of Directors, Senior Officers, and > Managers" mentioned here: > https://www.dfs.ny.gov/industry_guidance/industry_letters/il20230509_guidan… > . > > xNY.io - Bank.org asks if the NY-DFS will extend deadline for public > comment to August 5, 2023 from June 30, 2023. > > As requested by NY-DFS, today we provide (in a separate attachment) > evidence of any documented exceptions to compliance with the "Suggested > Questions to Facilitate Initial and Ongoing Assessment of Designated > Persons’ Character and Fitness." > > We have collated 19 references comprising 205 highlights that touch on the > five key areas below: > https://drive.google.com/drive/folders/1FTRRFFhQHDxf-oR9WOZz0a2gRtC9ZWVO. > > -Harassment and Discrimination Policies > > -Conflict of Interest Policy > > -Insider Trading Policy > > -Records Management Policy > > -Corporate Opportunity Policy > > xNY.io - Bank.org is seeking NY-DFS' extension for public comment to > August 5, 2023 so that the New York Banking community has time to complete > Q2-23 earnings call disclosures. > > As documented in the above 19 references, we feel extra time for public > comment is warranted to ensure that xNY.io - Bank.org did not play a > significant role or otherwise contribute in a meaningful way to the conduct > that led to regulatory action or proceeding without ample notice. > > Per point one of NY-DFS' "Suggested Questions to Facilitate Initial and > Ongoing Assessment of Designated Persons’ Character and Fitness," can you > kindly acknowledge that you have reviewed and understand our appeal seeking > extension for public comment to August 5, 2023? > > We hope to hear from you before June 30, 2023 given obvious factors. > > Sending you the very best regards. > > Thank you, > > Gunnar > > -- > Gunnar Larson > xNY.io | Bank.org > MSc - Digital Currency > MBA - Entrepreneurship and Innovation (ip) > > G(a)xNY.io > +1-917-580-8053 > New York, New York 10001 > >

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Crypto lender Nexo seeks $3 bln in damages from Bulgaria over aborted investigation | Reuters
by Gunnar Larson 27 Apr '24

27 Apr '24

My God! --- https://www.reuters.com/technology/crypto-lender-nexo-seeks-3-bln-damages-b… LONDON, Jan 24 (Reuters) - Cryptocurrency lender Nexo is seeking $3 billion in damages from Bulgaria over an aborted criminal investigation that the company alleges scuppered its plans for a U.S. stock market listing and a soccer sponsorship deal, legal filings seen by Reuters show. Nexo AG, a Swiss unit of Cayman Islands-based Nexo Capital, alleges the investigation tarnished its reputation and destroyed shareholder value, according to a document filed with the World Bank's International Centre for Settlement of Investment Disputes (ICSID). The Washington-based ICSID, an international arbitration institution that handles disputes between international investors and states, registered the case on Jan. 18, its website showed. An ICSID spokesperson could not confirm the level of damages sought or other details. Bulgaria's finance ministry said it had received a request for arbitration from the ICSID, which would be reviewed by a specialised inter-departmental committee that would then propose next steps. "This or any other communications... shall not be considered in any way an admission as to the substance of any claims or as an acceptance of any arbitral jurisdiction," it added. The prosecutor's office, also a respondent in the case, did not respond to requests for comment. Bulgarian prosecutors in Jan. 2023 launched an investigation into Nexo AG, raiding offices in Sofia and charging its founders with offences that included participating in an organised crime group to launder money and commit tax and computer fraud. But they dropped the case last month, saying there was no evidence of criminal activity. Prosecutors said there was no legal framework for crypto asset services in Bulgaria. Nexo, co-founded by former Bulgarian lawmaker Antoni Trenchev, had denied wrongdoing and alleges the investigation was politically motivated - an allegation previously denied by prosecutors, local news agency BTA has reported. U.S. regulators in particular have been cracking down on alleged illicit activity at top crypto firms, but it is unusual for a crypto firm to take on a country over compensation for a investigation that was dropped. ICSID has previously ordered various countries, including Pakistan, Ecuador and Venezuela, to pay out billions in damages to companies. Reuters was unable to verify Nexo's alleged damages. In an interview with Reuters earlier this month, Trenchev declined to publicly name the banks he said had been instructed for any listing or which European soccer club ended sponsorship talks. Crypto lenders act like banks for the crypto world, offering customers interest on cryptocurrencies they deposit with the platform. Nexo, founded in 2018, phased out its U.S. products and services last year and agreed to pay $45 million to settle charges from the U.S. Securities and Exchange Commission and state regulators that it failed to register its crypto asset lending product.

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