[co-author: Veronica Reynolds]
Smart Contracts Deployed by Icelandic Retailer, Blockchain for Sneakers and DHS
By: Robert A. Musiala Jr.
A press release issued this week announced the successful completion of an automated invoice payment using the Ethereum blockchain. The transaction involved an Icelandic retailer that purchased goods from a major global retailer using an electronic invoice, which was represented as an ERC20 token on Ethereum. Upon receipt of the “e-invoice,” a preauthorized payment was then executed using a smart contract that triggered an Ethereum-based payment of a digital version of the Icelandic Krona that qualifies as “e-money” under Icelandic law.
Another announcement this week provided details on a strategic partnership between a global athletic brand and a blockchain engineering firm to combat counterfeiting by tracking and authenticating sneakers using the Cardano blockchain. According to another report published this week, one of the largest pharmaceutical and life sciences companies in the world has entered into a letter of intent with an affiliate of a major global e-commerce firm to explore the use of blockchain for agricultural product monitoring.
In a final notable development, this week the U.S. Department of Homeland Security (DHS) issued a press release announcing a contract award to an Austrian firm to develop “blockchain security technology.” The award is part of an initiative to explore the use of blockchain “to issue credentials digitally to enhance security, ensure interoperability, and prevent forgery and counterfeiting.”
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Cryptocurrency Service Providers Target Mainstream Investors, FINRA Application Approved
By: Brian P. Bartish
A credit rating agency owned by a global financial services firm recently provided new details on its blockchain initiatives, including efforts to publish its credit ratings on the Ethereum network to ensure that the ratings cannot be altered or corrupted. In a separate development, according to reports, a Los Angeles-based investment and asset management firm is seeking to offer the world’s first cryptocurrency derivatives-based yield fund, with the digital assets division of a leading financial services company providing custody for the fund.
According to reports, a blockchain-focused subsidiary of Switzerland’s primary stock exchange has organized a global consortium of banks, buyside firms and market infrastructure providers to back an initial digital offering for a fully regulated central securities depository (CSD) for digital assets. The launch of the CSD still faces issues related to custody solutions and connectivity to settlement and central money solutions. The same entity is poised to launch a new exchange-traded product with a combination of bitcoin and ether that will enable Swiss investors to add the popular cryptocurrencies to their portfolios.
Last week, Harbor Square Investments, a subsidiary of tokenized securities platform Harbor, was granted a broker dealer license by the Financial Industry Regulatory Authority (FINRA). Harbor’s newly granted license allows it to move forward with its plans to become a “one stop shop” for digital issuers – helping manage the process from fundraising to liquidity.
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SEC, DOJ and State Agency Enforcement Actions for ICOs and Crypto Fraud Schemes
By: Veronica Reynolds
In a settlement announced this week, the Securities and Exchange Commission (SEC) ordered EOS developer Block.one to pay a $24 million penalty for conducting an unregistered securities offering related to the company’s initial coin offering (ICO). The SEC order explains that the company stated it would use the money raised to develop the EOS platform and continued to engage in the ICO well after the SEC’s DAO Report was released. The order notes that the company raised several billion dollars’ worth of assets globally, including from U.S. investors, and did not register its ICO as a securities offering or seek exemption from the registration requirement.
The SEC also announced a second settlement with lesser-known cryptocurrency startup Nebulous Inc. for its 2016 sale of SiaNotes (which the company later began referring to as “SiaFunds”) to the public. The SiaNotes were sold to support the development of the Nebulous decentralized cloud storage network, Sia, with promises made to investors that future revenue generated from transactions on the network would provide returns over time. The company also promised investors the opportunity to convert SiaNotes to SiaStock upon Sia’s network launch. Nebulous consented to a cease and desist order and agreed to pay disgorgement of $120,000, prejudgment interest of $24,601 and an $80,000 civil money penalty.
This week, the U.S. Department of Justice (DOJ) announced an indictment against Jon Barry Thompson, the principal of cryptocurrency escrow company Volantis Escrow Platform LLC. Thomson allegedly received a total of $7 million from two separate victim companies after making false statements in connection with bitcoin transactions. Thompson is being charged with two counts of commodities fraud and two counts of wire fraud and could be sentenced to 10 or more years in prison. The U.S. Commodity Futures Trading Commission (CFTC) also filed civil charges against Thompson in connection with the fraud.
Finally, this week the Securities Division of Missouri’s Secretary of State issued a cease and desist order against unregistered firm Mavixbtc Limited for falsely claiming to be registered with the state authorities and fraudulently using the registration number of a registered investment agent. According to the press release, the company attempts to lure investors by offering up to 55% returns over the span of two months through its brokerage and investment advisory services.
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Regulatory Problems and Solutions in the Cryptocurrency and Digital Asset Arena
By: Jonathan D. Blattmachr
Some of the larger players in the cryptocurrency space have formed a council that will opine on whether a crypto asset would meet the Security and Exchange Commission’s (SEC’s) definition of a security. The Crypto Rating Council has created a points-based system of several dozen yes/no factual questions derived from SEC guidance and case law. The answers to those questions will help the council determine, under its own private framework, whether the at-issue asset should or should not be deemed a security. The council says it hopes this approach will help others reduce costs and get clarity to improve industry growth.
Bad news from Fusion Network (FSN) this week, where its token swap wallet was compromised; approximately one-third of its tokens, valued at about $6.4 million, were stolen. Reports state the attacker stole the private key to affect the tokens’ theft. FSN’s value dropped 66% after the tokens were stolen. In an effort to fight financial crimes involving cryptocurrencies, a blockchain solutions provider this week scored a contract with the U.S. government to deliver software to help detect suspicious cryptocurrency activity. The company says it will help the feds track and trace potential illicit transactions.
Cryptocurrency exchange Binance has helped U.K. authorities investigate a criminal at the center of a $50 million phishing fraud. The exchange noted its help was motivated by “fostering a safe environment in this space.” The police extradited the Bulgarian, who subsequently pleaded guilty to five fraud counts. U.K. police recently conducted their first-ever auction of cryptocurrency stemming from the seizure of fraudulently obtained assets. Bitcoin, ether and other cryptocurrencies valued at about $300,000 were seized from a hacker, with the auction netting 7,500 bids from around the globe.
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