U.S. SEC takes emergency action against former state senator to halt digital asset scam

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The U.S. Securities and Exchange Commission (SEC) has obtained an asset freeze and other emergency relief to stop an alleged securities fraud by former Washington state senator David Schmidt and two others, who dishonestly obtained over $4m from 150 investors and falsely claimed returns of 224,923%.

What has happened?

The SEC alleges that Florida residents Robert Dunlap, 48, and his 39-year-old girlfriend Nicole Bowdler worked with 55-year-old Schmidt to market and sell a purported digital asset called 'Meta 1 Coin' in an unregistered securities offering conducted through the Meta 1 Coin Trust.

What does this mean?

It is alleged the defendants made a number of false and misleading statements to potential and actual investors in the U.S. and internationally, including claims that Meta 1 Coin was backed by a $1 billion art collection and/or $2 billion of gold and that accounting firm KPMG was auditing the gold assets.

According to the SEC press release, the defendants allegedly told investors that Meta 1 Coin was "risk-free, would never lose value and could return up to 224,923%". But the defendants never distributed the Meta 1 Coins and instead used investor funds to pay for personal expenses and to funnel proceeds to Pramana Capital Inc and Peter Shamoun.

The complaint states:

"The defendants enticed investors with the allure of a cryptocurrency, but the securities offering is nothing but a vehicle to steal investors’ money."

The defendants allegedly raised over $4.3 million from more than 150 investors and spent some of those funds to buy luxury cars, including a $215,000 Ferrari.

The SEC is charging the defendants with violating anti-fraud and securities registration provisions of the federal securities laws and is seeking permanent and conduct-based injunctions, disgorgement of the ill-gotten gains with prejudgment interest and civil penalties.

The complaint also charges Pramana and Shamoun as relief defendants and seeks disgorgement of allegedly ill-gotten gains with prejudgment interest.

Next steps

If you want to take advantage of blockchain's huge potential and disruptive impact, while keeping track of ever-developing regulatory and legal requirements, visit our Hogan Lovells Engage Blockchain Toolkit.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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