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Sweet Caroline, Gary Gang, and Yankees tickets šŸŽŸļø

Bonus: Meme City is humming šŸŖ½

GM Builders! šŸš§

Welcome back for another edition of the BW3 newsletterā€”a fun Wednesday/hump day read packed with updates šŸ« 

Hereā€™s what stacked up for you today:

  • SWEET CAROLINE BUM BUMā€¦ JAILTIME šŸ‘®

  • GARY, IS THE ā€˜DIGITAL ASSET SECURITYā€™ IN THE ROOM WITH US RIGHT NOW? šŸ¤” 

  • TODAYā€™S TOP HEADLINES FROM MAINSTREAM šŸ“° 

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Please reply to this email with why youā€™re excited about Web3, or just say hello. šŸ‘‹ 

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SWEET CAROLINE BUM BUMā€¦ JAILTIME šŸ‘® 

Caroline Ellison, former right-hand woman to Sam Bankman-Fried at FTX, just got hit with 24 months of jail time for her role in the multi-billion-dollar fraud that shook the crypto world.

In case you missed it, Caroline pleaded guilty nearly two years ago and became a key witness against SBF, spilling all the tea during her nearly three-day testimony. She revealed how SBF justified FTXā€™s illegal activities and admitted she felt relief when it all came crashing down, becauseā€”her wordsā€”ā€œI didnā€™t have to lie anymore.ā€

Judge Lewis A. Kaplan wasnā€™t letting her off the hook too easily though. Despite giving Caroline props for her "very, very substantial" cooperation, Kaplan reminded everyone that her role in this massive fraud deserved some time behind bars. As he put it, ā€œIā€™ve seen a lot of cooperators in 30 years here. Iā€™ve never seen one quite like Ms. Ellison.ā€

So yeah, Carolineā€™s cooperation mightā€™ve saved her from a longer sentence, but thereā€™s no get-out-of-jail-free card for playing a part in what could be the "greatest financial fraud ever" in the U.S.

Moral of the story: You can spill all the tea, but you might still need to serve the time.

Hereā€™s a unique perspective šŸ‘‡ļø 

GARY, IS THE DIGITAL ASSET SECURITY IN THE ROOM WITH US RIGHT NOW? šŸ¤” 

Representative Ritchie Torres has some serious questions for Gary Genslerā€”and heā€™s not pulling any punches. The SEC Chairā€™s sweeping interpretation of what counts as a security, especially when it comes to NFTs, collectibles, and art, has Torres calling foul.

Torres makes a simple comparison: Is a Yankee ticket a security? If buying a ticket to a game isnā€™t classified as one, then why is an NFT offering access to a web series suddenly a security?

Torres argues that thereā€™s no real difference between a Yankees game ticket and an NFT like the ones offered by Stoner Cats. Both offer access, not investment returns. According to Torres, Genslerā€™s trying to lump these items into a securities framework that just doesnā€™t fit.

The heart of the issue is Genslerā€™s overreliance on the Howey Test, which determines securities based on profit expectations. But Torres believes that applying this test to things like digital art or concert tickets is a stretchā€”and an overreach by the SEC. These assets arenā€™t stocks or bonds; theyā€™re experiences, memorabilia, and utilities.

Torres isnā€™t just raising questionsā€”heā€™s calling for clear legislation to define what digital assets really are, rather than forcing them into a securities box. In his view, Genslerā€™s approach risks stifling innovation and creativity in the space by forcing creators to second-guess whether their work could trigger a regulatory crackdown.

As Torres recently put it: "Mr. Gensler is misclassifying collectibles, art, and tickets as securities." Maybe itā€™s time for the SEC Chair to stop seeing securities where they donā€™t exist.

TODAYā€™S TOP HEADLINES FROM MAINSTREAM šŸ“° 

Fed Cuts Juicing Crypto Markets, Analysts See Short-Term Opportunities āœ‚ļø 
According to Cointelegraph, crypto markets are riding high after the Fed's latest rate cut. Analysts suggest that while short-term gains are ripe for the picking, trimming profits might be wise as volatility looms. The rate cuts have been injecting liquidity into the market, fueling a rally in Bitcoin and Ethereumā€”but beware, what goes up might come down fast.

Court Says Crypto Mining Boxes Are Securities in SEC Case šŸ“¦ļø 
In a landmark ruling, a federal court has sided with the SEC, declaring that crypto mining boxes sold by a company in question are considered securities. According to Bloomberg Law, the court applied the Howey Test and found that buyers of the mining boxes had an expectation of profit based on the efforts of others. This ruling could set a precedent for how other crypto-related assets are treated in future SEC cases.

PayPal Expands Crypto Services to Business Accounts šŸ’ø 
In a move signaling broader crypto adoption, PayPal has announced that business accounts can now buy, hold, and sell cryptocurrency directly through the platform. This marks a significant step toward integrating crypto into everyday commerce, allowing businesses to easily manage their digital assets. With this new feature, PayPal continues to push the boundaries of mainstream crypto accessibility.

MEME CITY šŸ™ļø 

Until next time, Builders! šŸ—ļø 

Keep chugging and watch out for the hedgehogs. šŸ”µ