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…
Federal DOJ criminal charges and a Commodities Futures Trading Commission civil complaint have recently been filed against Mr. Alexandre for the alleged operation of a ponzi-like commodities pool where investors received weekly interest in the nature of 5%-10% from the…
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…
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…
Since 1982 the SEC has instituted a regulatory scheme wherein only persons with $1mn in assets and $200k in earnings for 3 years would be permitted to invest in unregistered securities offerings. At that time only about 2% of the…
The Howey test involves an analysis of a given token offering to assess whether or not it should be treated as a ‘security’ under US securities laws and sold only to a certain pool of high net worth investors, or…
You will be hard pressed to find any expert or authority in the field who will not agree that blockchain technology holds heretofore untapped potential yet to be capitalized upon. The future appears bright for the distributed ledger. A strong…