Agent Smith in the Matrix described humans as a “virus. A disease, a cancer of this planet. You are a plague, and we are the cure.” While not alleging all human beings are a virus, the U.S. government views John McAfee, the...more
11/6/2020
/ Anti-Fraud Provisions ,
Bitcoin ,
Celebrity Endorsements ,
Cryptocurrency ,
Digital Currency ,
Enforcement Actions ,
Financial Crimes ,
Influencers ,
Initial Coin Offering (ICOs) ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Twitter ,
Virtual Currency
Joseph Frank Abel recently pled guilty to conspiring to offer and sell unregistered securities and to filing a false tax return in connection with his role in the BitClub Network, a cryptocurrency mining scheme worth at least...more
9/15/2020
/ Bitcoin ,
Bitcoin Mining ,
Criminal Conspiracy ,
Criminal Prosecution ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Government Investigations ,
Guilty Pleas ,
Indictments ,
Investment Fraud ,
Securities Violations ,
Tax Fraud ,
Unregistered Securities
The U.S. Securities and Exchange Commission (SEC) charged two promoters for acting as unregistered brokers. The SEC action was filed in tandem with a criminal indictment by the U.S. Department of Justice against the same...more
Earlier this month, a superseding indictment was unsealed in the Southern District of New York, charging Pablo Rodriguez, Gutemberg Dos Santos, Scott Hughes, Cecilia Milan, and Jackie Aguilar for their roles in a...more
The U.S. Securities and Exchange Commission (SEC) recently charged two Maryland companies and their executives in a scheme that allegedly defrauded approximately 1,200 investors of more than $27 million. ...more
9/1/2020
/ Blockchain ,
Cryptocurrency ,
Enforcement Actions ,
Financial Transactions ,
Investment ,
Investment Fraud ,
Misappropriation ,
Ponzi Scheme ,
Rule 10(b) ,
Rule 10b-5 ,
Section 17(a) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
The U.S. Securities and Exchange Commission (SEC) recently announced charges against Boon.Tech and its chief executive officer for fraud and registration violations in connection with a $5 million initial coin offering (ICO)...more
In a lesson to everyone that the use of foolish monikers will come back to haunt you, Kais Mohammad, 36, a.k.a. “Superman29,” has met his Kryptonite - the U.S. Department of Justice. ...more
8/10/2020
/ Anti-Money Laundering ,
Bitcoin ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Transactions ,
FinCEN ,
Money Laundering ,
Money Services Business ,
Money Transmitter ,
Registration Requirement ,
Risk Management ,
Virtual Currency
The Public Company Accounting Oversight Board (PCAOB) recently published guidance for auditors on the accounting treatment of cryptoassets, including Bitcoin. The PCAOB guidance highlights considerations for addressing...more
The SEC recently required BitClave to return over $25 million to investors which the company raised by selling its Consumer Activity Tokens (CAT) to over 9,000 investors in an initial coin offering (ICO). BitClave was also...more
With the world slowly coming out of the COVID-19 lock down and the economy hopefully on the path to recovery there have been many developments in the blockchain / crypto space over the last few weeks....more
5/19/2020
/ Bitcoin ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
FinTech ,
Fraudulent Investment ,
Initial Coin Offering (ICOs) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Stock Exchange ,
Unregistered Securities ,
Virtual Currency
On April 28, 2020, the Congressional Research Service (CRS) published an in depth report related to Fintech, titled Fintech: Overview of Innovative Financial Technology and Selected Policy Issues....more
While the world at large shelters in place due to COVID-19 legal and regulatory activity of digital asset and the blockchain world is hopping. ...more
4/23/2020
/ Best Interest Standard ,
Bitcoin ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Instruments ,
Form CRS ,
FSB ,
Initial Coin Offering (ICOs) ,
Investment Fraud ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Virtual Currency
While most of the world was locked down, the preverbal shoe (litigation) finally dropped on Crypto companies that raised money through the sale of digital assets which are alleged to be illegal, unregistered securities...more
Enzo Ferrari, the founder of Scuderia Ferrari Grand Prix motor racing team and the Ferrari motor company, would be mortified to know that a group of fraudsters used a digital asset scam to buy one of the masterpieces of...more
When we started thinking about this update, less than two weeks ago, the proposal by the U.S. Securities Exchange Commission (“SEC”) to liberalize Reg A and Reg CF (as discussed below) was the biggest news on our minds…. How...more
3/19/2020
/ Bitcoin ,
Capital Raising ,
Coinbase ,
Commodities ,
Coronavirus/COVID-19 ,
Crisis Management ,
Digital Currency ,
FinTech ,
Initial Coin Offering (ICOs) ,
Investment ,
Relief Measures ,
Securities and Exchange Commission (SEC)
Strikeout for Bitcoin ETF -
Another ETF bites the dust. On February 26th the SEC rejected the application of NYSE Acre for the approval of an exchange traded fund sponsored by the New York firm of Wilshire Phoenix to...more
3/4/2020
/ Bitcoin ,
Bitcoin Mining ,
Celebrity Endorsements ,
CFTC ,
Chapter 11 ,
Commercial Bankruptcy ,
Commodities ,
Criminal Conspiracy ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
ETFs ,
Exchange-Traded Products ,
Financial Crimes ,
Financial Instruments ,
Financial Markets ,
Financial Transactions ,
GAO ,
Influencers ,
Initial Coin Offering (ICOs) ,
Money Laundering ,
Money Transfer ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Token Sales ,
Virtual Currency
The SEC has settled charges against action star Steven Seagal for failing to disclose payments he received for promoting an investment in an initial coin offering (ICO) conducted by Bitcoiin2Gen (B2G)....more
2/28/2020
/ Cryptocurrency ,
Digital Currency ,
Disclosure Requirements ,
Disgorgement ,
Enforcement Actions ,
Failure To Disclose ,
Financial Promotions ,
Initial Coin Offering (ICOs) ,
Regulatory Oversight ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Token Sales ,
Unregistered Securities ,
Virtual Currency
Digital assets and Blockchain technologies which were once described as the tools of criminals, are now a key part of efforts by traditional financial services firms to transform their businesses and innovative firms looking...more
1/3/2020
/ Accredited Investors ,
Bitcoin ,
Blockchain ,
CFTC ,
Critical Infrastructure Sectors ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Facebook ,
Financial Services Industry ,
FinTech ,
Initial Coin Offering (ICOs) ,
Mark Zuckerberg ,
Martin Act ,
No-Action Letters ,
Offerings ,
Popular ,
Regulatory Requirements ,
Sanctions ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Simple Agreement for Future Tokens (SAFT) ,
Technology Sector ,
Token Sales ,
Transparency ,
Unregistered Securities ,
Virtual Currency
The Polsinelli BitBlog Weekly Update begins with the U.S. Securities and Exchange (“SEC”) settlement with an issuer of securities, who managed to both illegally offer securities, and create an unlicensed exchange to trade...more
9/11/2019
/ Anti-Money Laundering ,
Bad Faith ,
Bitcoin ,
Blockchain ,
Corporate Issuers ,
Cryptocurrency ,
Digital Currency ,
Enforcement Actions ,
Facebook ,
Federal Trade Commission (FTC) ,
Financial Transactions ,
FINMA ,
Illegal Trading ,
Initial Coin Offering (ICOs) ,
Mobile Apps ,
Publicly-Traded Companies ,
Pyramid Schemes ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Settlement Agreements ,
Strict Compliance ,
Token Sales ,
Trading Policies ,
Willful Violations
Last week was a busy one for the SEC, and other crypto related litigation. That’s probably all we’re going to get while the battle between regulators and token issuers rages on, as Congress is not in session and many in the...more
A recent ruling from a federal district judge in the Southern District of New York, involving a trademark dispute between a digital asset offering and web-titan Alibaba, has caused heads throughout the FinTech world to turn. ...more
11/9/2018
/ Alibaba ,
Digital Assets ,
Digital Currency ,
Foreign Entities ,
Intellectual Property Protection ,
Jurisdiction ,
Long Arm Statute ,
Offerings ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Although at first glance the underlying technology behind Bitcoin and mortgaged backed securities have little in common, blockchain technology has the potential to revolutionize securitizations because it permits value and...more
At times, lenders lose the promissory notes on defaulted loans. Lost notes are problematic because, in order to have standing to foreclose, a lender may be required in many states, including in New York, to possess the...more
6/28/2016
/ Banking Sector ,
Commercial Loans ,
Default ,
ECOA ,
Foreclosure ,
Guarantors ,
Hawkins v Community Bank of Raymore ,
Loans ,
Promissory Notes ,
Regulation B ,
SCOTUS ,
Spousal Guaranty ,
Standing ,
Uniform Commercial Code (UCC)
On March 22, 2016, the U.S. Supreme Court issued its first 4-4 decision following the death of Justice Antonin Scalia, thereby affirming the 8th Circuit in Hawkins v. Community Bank of Raymore. The Court’s per curiam opinion...more