Many crypto entrepreneurs are seeking to build decentralized networks in which a token serves as a means of exchange on, or provides access to a function of the network. In the course of building out the network, they need...more
2/14/2020
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
De Minimus Quantity Exemption ,
Digital Currency ,
Financial Instruments ,
Financial Markets ,
FinTech ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
IRS ,
Popular ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Tax Liability ,
Tax Planning ,
Token Sales ,
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
This BitBlog summary focuses on the continuing actions by the U.S. Securities and Exchange Commission (“SEC”) against the issuers of noncompliant initial coin offerings (“ICOs”) and other crypto related transactions including...more
10/29/2019
/ Bitcoin ,
CFTC ,
Commodities ,
Cryptocurrency ,
Default Judgment ,
Digital Currency ,
Enforcement Actions ,
ETFs ,
Ether ,
Exchange-Traded Products ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Initial Coin Offering (ICOs) ,
Regulation A ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Settlement Agreements ,
Token Sales ,
Virtual Currency
Five years or so years ago, the Internal Revenue Service (“IRS”) provided its first, and until this week, only formal advice on the taxation of cryptocurrency transactions in Notice 2014-21. This guidance, while helpful in...more
10/22/2019
/ Bitcoin ,
Blockchain ,
Capital Gains ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Transactions ,
Future Tax Treatment ,
Guidance Update ,
Income Taxes ,
Investment ,
IRS ,
Reporting Requirements ,
Tax Liability ,
Tax Planning ,
Virtual Currency
This summary covers the last two weeks which includes news about continued enforcement actions by the U.S. Securities and Exchange Commission (“SEC”) involving fraudulent digital asset transactions, dismissal of a securities...more
10/2/2019
/ Bitcoin ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Prosecution ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Ether ,
Extortion ,
FBI ,
Financial Transactions ,
Initial Coin Offering (ICOs) ,
Innovative Technology ,
Investment Adviser ,
Legal Opinion ,
Offerings ,
Popular ,
Putative Class Actions ,
Regulatory Oversight ,
Rewards Programs ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Startups ,
Token Sales ,
Unregistered Brokers ,
Unregistered Securities ,
Virtual Currency
This week’s summary includes updates on anti-money laundering in the crypto-friendly nation of Malta and a proposal to regulate cryptocurrency miners in the United States to help stop human trafficking....more
9/18/2019
/ Anti-Money Laundering ,
Bitcoin ,
Bitcoin Mining ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Currency ,
EU ,
Facebook ,
France ,
Gold ,
Human Trafficking ,
IMF ,
International Finance ,
Malta ,
Regulatory Agenda ,
Startups ,
Strategic Planning ,
Token Sales ,
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
This week saw two items of note in the regulation of digital assets and both came out of the state of New York.
The Return of the Empire State -
A New York State Supreme Court ruled that it has personal and subject...more
8/27/2019
/ Bitcoin ,
Blue Sky Laws ,
Cryptocurrency ,
Currency Exchange ,
Digital Assets ,
Enforcement Actions ,
ETFs ,
Exchange-Traded Products ,
Financial Services Industry ,
Injunctions ,
IRS ,
Martin Act ,
Motion to Dismiss ,
NY Supreme Court ,
Personal Jurisdiction ,
Regulatory Oversight ,
Regulatory Standards ,
State and Local Government ,
State Attorneys General ,
Subject Matter Jurisdiction ,
Tax Liability ,
Virtual Currency
On July 26, 2019, the IRS announced that it was in the process of sending letters to over 10,000 taxpayers with a history of cryptocurrency transactions by the end of August, noting that the letters were sent to taxpayers...more
8/24/2019
/ Bitcoin ,
Cryptocurrency ,
Digital Currency ,
Financial Transactions ,
Investment ,
IRS ,
Popular ,
Reporting Requirements ,
Tax Liability ,
Tax Planning ,
Tax Returns
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
The end of July saw continued regulatory activity in the digital assets space. This entry of BitBlog will cover some of the highlights.
1) The U.S. Securities and Exchange Commission (“SEC”) continues to dole out bits of...more
8/12/2019
/ Bitcoin ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Financial Conduct Authority (FCA) ,
Financial Transactions ,
FinTech ,
Investment Opportunities ,
Mt.Gox ,
NYDFS ,
Regulatory Agenda ,
Regulatory Oversight ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
UK
On July 25, the staff of the U.S. Securities and Exchange Commission (“SEC”) Division of Corporation Finance published a response to a no-action request submitted by Pocketful of Quarters, Inc. (“Pocketful of Quarters”)...more
As the summer continues to heat up so does the digital asset industry with two major developments.
The Libra announcement last month represented a milestone in the cryptocurrency industry....more
The Securities and Exchange Commission’s (“SEC”) Strategic Hub for Innovation and Financial Technology (“FinHub”) hosted an important public forum on Friday, May 31, 2019 at the SEC headquarters in Washington, D.C. ...more
6/21/2019
/ Capital Formation ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Innovation ,
Innovative Technology ,
Investment Management ,
Public Forum ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process ,
Securities and Exchange Commission (SEC)
Despite the growth of crypto-currencies in number and use, relatively little guidance has been provided by the Internal Revenue Service (IRS) to date related to the federal income taxation of such crypto transactions. ...more
Recently, the Patent Office announced two new Guidance documents which although not targeted specifically to blockchain technology provide insight into strategies for the drafting and prosecuting of blockchain-based patents....more
On January 22, 2019 FINRA, the self-regulatory organization for U.S. broker-dealers, released its “Risk Monitoring and Examination Priorities Letter” for 2019. A number of of FINRA’s hot topics for 2019 should be of interest...more
2/11/2019
/ Bitcoin ,
Broker-Dealer ,
Digital Assets ,
Digital Currency ,
FinTech ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
Market Manipulation ,
Regulatory Oversight ,
Regulatory Standards ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Token Sales
Part One of this two part E-alert looked at the challenges facing London Inter-Bank Offered Rate (LIBOR) LIBOR and how the syndicated loan market is dealing with the potential non-availability of these rates. Part two...more
The May 2008 disclosure of the manipulation of London Inter-Bank Offered Rate (LIBOR),in what has become known as the ‘LIBOR Scandal’; resulted in regulators for the United States, the United Kingdom and the European Union...more