There are endless debates currently about which tokens are in fact ‘securities’ and therefore subject to SEC oversight. The SEC presently deems all token/coins besides Bitcoin as securities; though the status of Ethereum is uncertain, it likely leans towards not…
The summary judgment in favor of the SEC was issued on November 7, 2022 and the only issues addressed were whether LBRY did offer its LBC token in violation of securities laws (as an unregistered security without asserting any exemption…
The Department of Justice recently charged former Coinbase product manager Ishan Wahi, his brother Nikhil Wahi and friend Sameer Ramani with wire fraud and insider trading. The Securities Exchange Commission followed suit with a filing of its own alleging violations…
Is the Solana (SOL) token a security and was it issued in violation of US securities laws? This is exactly what the class action lawsuit filed July 1st, 2022 claims, to include violations of California securities laws. All Solana principals…
On June 19, 2022 a second vote was held by the governance board through its voting protocol to invalidate the previous days’ vote which permitted the board to seize control of and liquidate through the OTC markets, a certain whale…
A Senator from NY and a Senator from WY have recently presented Congress with a draft proposal for a crypto regulatory scheme which is a mixed bag from this Firm’s perspective. Wyoming is possibly the best state for crypto ventures and banking, and for good reason, hence one of the senators (Lummis) has been and remains definitively pro-crypto. Nonetheless the bill could have been much better. Firstly, crypto-assets would, for the most part, be under the regulatory imprimatur of the Commodities and Futures Trade Commission; as mentioned in other posts, this is a positive development as crypto-assets are, for the…
The SEC has recently indicated that it will begin to study the NFT sector to determine if NFTs are being sold which are in fact securities and therefore are being sold illegally in the open markets. Other regulators, such as…
Unfortunately there is no clear answer to this question at this time due to a lack of regulatory guidance and no such guidance forthcoming in the near future due to the slow movement of and disputed control over NFTs by…
Recently a ‘Cease and Desist Order’ was issued against BlockFi by the securities bureau of New Jersey prohibiting any further business activity in that state for the illegal sale of unregistered securities which included its high interest paying crypto savings…
The Securities & Exchange Commission (SEC), Financial Crimes Enforcement Network (FinCEN) and Commodity Futures Trading Commission (CFTC) have issued a joint statement that reminds certain parties of their continuing obligations under the Bank Secrecy Act (BSA) with respect to crypto…