Of particular importance for the crypto industry, the opinion analyzes the SEC’s allegations that Binance and BAM offered and sold various tokens and programs to investors as investment contracts without registering them with...more
7/5/2024
/ Cryptocurrency ,
Fraud ,
Investment Contract ,
Registration Requirement ,
Regulatory Requirements ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Tokens ,
Securities Violations ,
Stablecoins
It’s the Transaction, Not the Token.
Issuers cannot offer or sell securities without registering them with the SEC under Section 5 of the Securities Act of 1933 or finding a valid exemption from registration. XRP is the...more
7/18/2023
/ Buyers ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Howey ,
Investment ,
Investment Contract ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Sellers ,
Summary Judgment ,
Token Sales ,
Unregistered Securities
Case Overview -
This week’s U.S. Securities and Exchange Commission enforcement cease-and-desist order (Order) In re App Annie Inc., out of the SEC’s San Francisco Regional Office, underscores the importance of taking...more
9/20/2021
/ Cease and Desist Orders ,
Civil Monetary Penalty ,
Cryptocurrency ,
Data Management ,
Data Privacy ,
Data Security ,
Intellectual Property Protection ,
Mobile Apps ,
Personal Information ,
Policies and Procedures ,
Regulation S-P ,
Securities and Exchange Commission (SEC)
In case it was not already clear, the U.S. Department of Justice recently confirmed that ensuring the use of cryptocurrency “is safe, and does not imperil our public safety or our national security, is vitally important to...more
10/21/2020
/ Attorney General ,
BSA/AML ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Currency ,
Enforcement Actions ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
MSB ,
Popular ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
The Securities and Exchange Commission (SEC) announced on September 15, 2020, that it charged online esports gaming and gambling platform Unikrn with violations of Section 5 of the Securities Act of 1933 (Securities Act) for...more
9/24/2020
/ Cryptocurrency ,
Dissenting Opinions ,
Enforcement Actions ,
eSports ,
Howey ,
Initial Coin Offering (ICOs) ,
Investment Contract ,
Online Gaming ,
Online Platforms ,
Popular ,
SEC Commissioner ,
Securities and Exchange Commission (SEC) ,
Sports Gambling ,
Unregistered Securities
Like most of the rest of the world, the speakers and attendees at Securities Enforcement Forum West 2020 last week had to adapt this year by trading in their microphones on the stage of a grand ballroom for an array of home...more
5/20/2020
/ Accounting Fraud ,
Artificial Intelligence ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Disclosure ,
Enforcement Actions ,
Insider Trading ,
Machine Learning ,
Popular ,
Private Company Shares ,
Securities and Exchange Commission (SEC)
Digital token issuers caught up in the onslaught of U.S. Securities and Exchange Commission investigations finally received some encouraging news regarding their token sales’ exposure to federal securities laws. On Tuesday,...more
Over the past year, the U.S. Securities and Exchange Commission has ramped up its scrutiny of cryptocurrencies and other digital token offerings. On Sept. 11, 2018, the SEC escalated its crackdown when it announced a pair of...more
9/27/2018
/ Broker-Dealer ,
Civil Monetary Penalty ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Disgorgement ,
Enforcement Actions ,
Initial Coin Offering (ICOs) ,
Investment Adviser ,
Investment Companies ,
Material Misrepresentation ,
Online Platforms ,
Popular ,
Prejudgment Interest ,
Registration Statement ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Unregistered Brokers ,
Unregistered Securities ,
Virtual Currency
The Securities Enforcement Forum West 2018 brought together current and former senior U.S. Securities and Exchange Commission and U.S. Department of Justice officials, securities enforcement and white-collar attorneys,...more
5/18/2018
/ Credit Karma ,
Cryptocurrency ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Due Process ,
Enforcement Actions ,
GAAP ,
Initial Coin Offering (ICOs) ,
Investors ,
Popular ,
Public Disclosure ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Silicon Valley ,
Theranos ,
Token Sales ,
Virtual Currency ,
Zenefits
Issuers and other professionals participating in Initial Coin Offerings — widely known as ICOs — are facing the increasing threat of both U.S. Securities Exchange Commission enforcement actions and private class action suits...more
1/4/2018
/ Capital Raising ,
Cryptocurrency ,
Cyber Crimes ,
Digital Currency ,
Enforcement Actions ,
Financial Crimes ,
Financial Markets ,
Initial Coin Offering (ICOs) ,
Investment ,
Offerings ,
Popular ,
Putative Class Actions ,
Regulatory Oversight ,
Scams ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Token Sales ,
Unregistered Securities ,
Virtual Currency
After a record-breaking fiscal year 2016, the Securities and Exchange Commission’s Enforcement Division had a somewhat quieter year, at least in terms of the number of actions filed. The Enforcement Division released its...more
11/27/2017
/ Administrative Proceedings ,
Annual Reports ,
Cryptocurrency ,
Cybersecurity ,
Disgorgement ,
Enforcement Actions ,
Filing Requirements ,
Financial Reporting ,
Individual Accountability ,
Initial Coin Offering (ICOs) ,
MCDC ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)