SEC

POLKADOT IS NOT A SECURITY

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…

SEC V. LBRY INC., ANALYSIS

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…

PROPOSED CRYPTO REGULATION CLASSIFIES CRYPTO-ASSETS AS COMMODITIES

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…

ARE NFTs SECURITIES?

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…

AVOIDING INITIAL COIN OFFERING SCAMS AND FRAUD

The unfortunate reality is that the crypto space is inundated with shady people, hype, empty promises, and dishonest marketing. This Firm deals regularly with due diligence reviews of various coin offerings and drafting of opinions regarding crypto projects, to include…

ICOs ARE NOW A HIGH RISK VENTURE

AriseBank’s $600 million ICO has been taken down by the SEC which has now formed an intra-agency unit devoted exclusively to researching and shutting down ICOs which violate US securities laws. Tether is a now a high risk token which…