Politics, Legal & Regulation

January 26, 2018 @ 9:44 am By JD Alois  |  

  This past week both the Securities and Exchange Commission and the Commodity Futures Trading Commission came out with strong statements warning the exuberant initial coin offering industry (ICO) that regulators will no longer tolerate the flouting of existing securities law. ICOs have increased rapidly… Read More

January 25, 2018 @ 3:49 pm By JD Alois  |  

In another obvious sign that the federal government is ramping up enforcement actions against initial coin offerings that do not file for an appropriate securities exemption or commit other illegal acts such as fraud, CFTC Chairman J. Christopher Giancarlo and SEC Chairman Jay Clayton jointly published… Read More

January 25, 2018 @ 11:58 am By JD Alois  |  

The US Commodity Futures Trading Commission (CFTC) has scheduled a meeting of the Market Risk Advisory Committee (MRAC) for January 31st. The meeting, which is open to the public, will be held at the CFTC HQ in Washington, DC. If you are interested you can… Read More

January 25, 2018 @ 9:04 am By JD Alois  |  

In December, the Australian Tax Office (ATO) posted an explanation of tax treatment regarding Bitcoin and other cryptocurrencies. In response to recent media reports that ATO has set up a new taskforce to examine tax issues around cryptocurrencies, FinTech Australia has posted a response. Danielle Szetho, FinTech… Read More

January 25, 2018 @ 12:36 am By JD Alois  |  

SelfKey, a blockchain-based digital identity firm, has obtained a Mauritius’ Regulatory Sandbox License (RSL), according to information provided by the company. This license will allow SelfKey to develop their self-sovereign digital identity wallet and financial services marketplace under supervision and scrutiny of the Board of… Read More

January 24, 2018 @ 3:00 pm By JD Alois  |  

California is a state that has attempted to enact intrastate crowdfunding regulations multiple times. Honestly, I have lost count as to how many times bills have meandered their way through the Sacramento process. Three maybe four times? By now, I am uncertain. So is California… Read More

January 24, 2018 @ 9:40 am By JD Alois  |  

The Commodity Futures Trading Commission (CFTC) has shut down another initial coin offering with allegations of fraud. The ICO unfortunately named My Big Coin (MBC) ends up becoming My Big Con as the enforcement action has charged defendants Randall Crater of East Hampton, New York, Mark Gillespie of Hartland,… Read More

January 24, 2018 @ 8:54 am By JD Alois  |  

Swiss Federal Councillor Ueli Maurer and Carrie Lam, Chief Executive of Hong Kong SAR, had a meeting in Bern, Switzerland this week to discuss bilateral cooperation regarding financial markets – including the development of Fintech. The outcome of the meeting was the signing of several… Read More

January 24, 2018 @ 7:51 am By JD Alois  |  

The Swiss State Secretariat for International Financial Matters (SIF) has announced the creation of a Blockchain / ICO working group this past week. The new Group has been tasked to review the legal framework and identify any need for action with the involvement of the… Read More

January 23, 2018 @ 10:36 pm By JD Alois  |  

Several days ago, Senator Marco Rubio and Senator Robert Menendez published a letter directed to the US Secretary of the Treasury Steven Mnuchin demanding to know what the US government was doing to foil attempts by rogue nations in leveraging cryptocurrencies to skirt imposed sanctions…. Read More

January 22, 2018 @ 7:16 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) Chairman Jay Clayton delivered a speech today to the Securities Regulation Institute. While covering several topics, Chair Clayton hit upon the hot subject of initial coin offerings (ICO) and the swirling regulatory environment delivering a stern rebuke to market… Read More

January 21, 2018 @ 1:58 pm By JD Alois  |  

There is legislation moving through the state of New York that shifts some responsibility regarding online lending to the New York Department of Financial Services (NYDFS). [S07294 and A8938] Originally, there was a bill that was signed into law on December 29, 2017, by Governor Andrew Cuomo, that… Read More

January 20, 2018 @ 9:11 am By JD Alois  |  

The International Organization of Securities Commissions (IOSCO) issued a warning statement this past week regarding initial coin offerings (ICO). The IOSCO Board also shared it had established an ICO Consultation Network through which members may discuss their experiences and bring their concerns, including any cross-border… Read More

January 20, 2018 @ 9:02 am By JD Alois  |  

The International Organization of Securities Commissions (IOSCO) has published a warning on initial coin offerings (ICOs). The Board Communication should come as no surprise as dozens of national securities regulators have published warnings already as public officials struggle to grapple with the concept of digital… Read More

January 19, 2018 @ 1:43 pm By JD Alois  |  

Bot the Securities and Exchange Commission (SEC) and the Commodities Future Trading Commission (CFTC) have been dedicating additional resources towards cryptocurrencies, such as Bitcoin, and the hot initial coin offering market. Today, the CFTC released two reports regarding enforcement actions against crypto-related fraud.  Simultaneously, the… Read More

January 19, 2018 @ 11:53 am By JD Alois  |  

The Securities Commission Malaysia (SC), along with Bank Negara Malaysia (BNM), has issued a new “cautoinary statement” regarding investor interest in initial coin offerings (ICOs). This is not the first time SC has warned the public against dubious crypto offerings. Today’s statement affirms that ICOs… Read More

January 19, 2018 @ 9:09 am By JD Alois  |  

Following the announcement by the Commodity Futures Trading Commission (CFTC) that it had undertaken two enforcement actions against Bitcoin / virtual currency related fraud, the Securities and Exchange Commission (SEC) and CFTC issued a joint statement from SEC co-enforcement Directors Stephanie Avakian and Steven Peikin… Read More

January 19, 2018 @ 8:50 am By JD Alois  |  

The CFTC Division of Enforcement Virtual Currency Task Force has been rather busy. Today, the Commodity Futures Trading Commission, has shared two enforcement actions filed against Bitcoin / Cryptocurrency related fraud cases. The first was against the Entrepreneurs Headquarters Limited, the second was filed against Defendants Patrick… Read More

January 19, 2018 @ 8:33 am By JD Alois  |  

The Commodity Futures Trading Commission (CFTC) has filed a civil enforcement action in the U.S. District Court for the Eastern District of New York against Defendants Dillon Michael Dean of Longmont, Colorado. Dean’s company, The Entrepreneurs Headquarters Limited, is apparently registered in the UK. The documentation filed… Read More

January 18, 2018 @ 8:24 am By JD Alois  |  

The Massachusetts Secretary of the Commonwealth Securities Division has filed an administrative complaint against Kirill Bensonoff and Caviar, a Cayman Island company. Bensonoff is said to own a home in Brookline, Massachusetts and is described as attempting to avoid US securities laws by operating out… Read More