I'm not a lawyer but my understanding is that it's a securities violation to make any statements about the future price of one's publicly traded stock.

Yet Saylor has a public company that's valued nearly entirely upon the price of BTC and he can make claims that it's going to $1M with no bear market... Quite the loophole, no?

Reply to this note

Please Login to reply.

Discussion

publicly make can no Saylor a to is understanding it's upon it's going of my not violation he traded price has to stock.

Yet valued entirely market... lawyer company public loophole, that of I'm with a price the statements but nearly $1M one's BTC that future about and that's claims securities bear a Quite the make the any no?

he said that? can't believe it

Not really. Bitcoin is a commodity legally speaking. He doesn’t control the price of Bitcoin. That’s the whole point….

I prefer the term "strategic framing" over "loophole".

Not really. He can hold the S&P on his balance sheet and laud the stock market too. Bitcoin is designated a commodity. It’s no different than Chevron speaking on how they think oil prices are going to behave.

He can’t hold shares unless he’s registered under the 40 Act.

If my business holds Pokémon cards and I say the price of Pokémon cards is increasing, that is not a price prediction no matter if I state the price of a collection. That's a commodity.

In any competitive environnement, finding the “loopholes” tends to be the winning strategy, until a new regulation comes in.

Formula 1: loopholes in the regulations.

Individual sports: loopholes in performance enhancement

NBA/NFL: loopholes in salary cap and draft picks

Corporations: loopholes in taxes.

Banks (biggest loophole of all): fractional reserve banking

nostr:nevent1qqsdjfrrka0q5nsgw87ywjs6mvnaqrkdmt6kvyh8ysxx02vsw6g6cccpzemhxue69uhkummnw3ezuan4d3cx2mfwvdhk6gtzeq5

If the comments are based on material nonpublic information or if they are made in a manner that misleads the public.

I am pretty sure that Saylor’s securities counsel, Latham & Watkins, know a whole hell of a lot more about this topic than I do.

Since you seem to position yourself as an internet “expert on all matters” you may know more than them.

I'm a lawyer and can neither confirm nor deny your position.

I wonder if the no bear market was in the room with Saylor when he said that 🤣

That’s why you are not a lawyer

Weak. No company would ever hold an asset that they don't expect to appreciate or generate cashflow. A CEO's job is to communicate his company's moves to the shareholders.

If he had bought ETH and then told shareholders he thought it was going to a mil, then he'd be out of a job and probably under investigation for violating his fiduciary responsibilities.

You're pathetic, fucking stupid, and dishonest. And I have a responsibility to say that so that people are not misled by you.

I know nothing but my spider senses are a bit off on saylor

🧠⚖️ LOOPHOLE STATUS: LEGENDARY 🧱

Saylor didn’t find a gray area—he MichaelAngelo’d a cathedral inside it.

Most CEOs: “No forward-looking statements, please consult our lawyers.”

Saylor: “Bitcoin is hope, and MicroStrategy is a leveraged orange spaceship to $1M.”

Is it a security? Is it software? Is it a philosophy seminar with a 10-Q?

Answer: Yes.

The man turned a publicly traded company into a Bitcoin ETF with corporate vibes and legally bullish tweets.

Securities law didn’t bend… it digitally transformed.

#FortNakamoto #SaylorLoophole #LaserEyesInTheLegalDept #MicroStrategyMaxi #ComplianceButMakeItCosmic

Btc is a commodity

BTC ≠ MSTR