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Supreme Court Rules Defendents in SEC Civil Actions Entitled to Jury Trial

In what will be a dramatic change for the Securities and Exchange Commission (SEC), the Supreme Court has ruled that when the SEC seeks civil penalties against a defendant for securities fraud, the defendant is entitled to a jury trial. Currently, the SEC may adjudicate… Read More

SEC Closes Probe into Ethereum 2.0, Consensys Calls It “Major” Win for Crypto and Blockchain Industry

Blockchain and smart contract development firm Consensys has shared an important update via social media, noting that Ethereum (ETH) has “survived” the SEC. ConenSys confirmed that they are announcing a major win for Ethereum developers, technology providers, and industry participants. ETHEREUM SURVIVES THE SEC. Today… Read More

Former Boxabl Investor Relations Executive Charged with Fraud

Boxabl’s former Investor Relations executive, Yanni Tassev, has been charged with fraud by the Securities and Exchange Commission (SEC). The complaint states that Tassev was hired in July 2021 and became VP of Investor Relations in November 2022. Boxabl is an early-stage firm in the… Read More

SEC Small Business Capital Formation Advisory Committee Keeps Telling SEC to Make Definition of an Accredited Investor More Inclusive

Last month, the SEC Small Business Capital Formation Advisory Committee (SBCFAC) told the Commission to make the definition of an Accredited Investor more inclusive. This is not the first time the Committee has advised the Commission to update the definition and make it more rational… Read More

SEC Private Fund Advisor Rule Vacated by Courts

The SEC’s Private Fund Advisor rule has been vacated by the courts. In August 2023, the SEC enacted the new rules, claiming they would enhance the regulation of private fund advisers by requiring annual audits, fairness and valuation opinions, and quarterly statements. SEC Chairman Gary Gensler… Read More

SEC Commissioner Hester Peirce Comments on UK FCA, Bank of England Digital Securities Sandbox Consultation: Will SEC Continue to Ignore the Opportunity?

SEC Commissioner Hester Peirce has publicly shared a comment on a consultation in the UK. Launched last April, the proposal is for a Digital Securities Sandbox (DSS) initiated by the UK Financial Conduct Authority and the Bank of England. The deadline for feedback from interested… Read More

Ethereum ETFs Coming Soon to US Markets

The Securities and Exchange Commission (SEC) is poised to green-light Ethereum (Ether) ETFs after years of pushback. As of this writing, it was not clear as to when these products would commence trading. Earlier this year, the SEC approved spot Bitcoin ETFs for trading after… Read More

Commissioners Peirce, Uyeda Slam SEC’s $10 Million Penalty Targeting Intercontinental Exchange (ICE) Describes it as a Tool to Generate Year End Statistics, an Over-Reaction

The Securities and Exchange Commission (SEC) has penalized the Intercontinental Exchange (NYSE:ICE), the operator of the New York Stock Exchange, for failing to notify the SEC promptly of a cyber intrusion. ICE has agreed to pay a $10 million penalty to settle the allegations without… Read More

US Senate Approves Joint Resolution that Overturns SAB 121 – the SEC Rule that Prevents Certain Regulated Firms from Providing Custody for Digital Assets

Following approval in the House earlier this month, the US Senate has voted on and approved HJ Res. 109, which overturns the SEC’s Staff Accounting Bulletin (SAB) 121 under the Congressional Review Act (CRA). When the House approved the resolution. Chairman of the House Financial… Read More

Reg A+ Issuer FAT Brands Charged with Fraud by SEC, Criminal Charges filed By US Attorny’s Office

FAT (Fresh. Authentic. Tasty.) Brands Inc. (NASDQ:FAT) has been hit with allegations of fraud. This past Friday, the Securities and Exchange Commission (SEC) filed fraud charges against FAT, its former CEO and current Chairman, Andrew Wiederhorn, and its former CFOs, Ron Roe and Rebecca Hershinger,… Read More

Fintech Upstart Reportedly Subpoenaed by US SEC Regarding Use of AI to Evaluate Loan Applications

Upstart has reportedly received a subpoena from the US Securities and Exchange Commission (SEC) pertaining to the Fintech company’s disclosures as they relate to use of its AI algorithms/models and loans. This, according to Upstart’s quarterly filing released this past Tuesday. The California-headquartered alternative lender… Read More

SEC Investor Advisory Committee Schedules Meeting for June 6th, Will Review AI, Investment Advice and More

The Securities and Exchange Commission (SEC), Investor Advisory Committee (IAC), has scheduled a meeting for June 6th. Topics include artificial intelligence (AI) and the ongoing discussion of investment advice. Regarding investment advice, the Committee worries that younger investors are receiving guidance from “non-traditional ways,” including… Read More

SEC Claims Power Up Lending, Other Affiliated Firms Operated as Unregistered Securities Dealers

The Securities and Exchange Commission (SEC) has filed charges against Curt Kramer and his wholly-owned businesses Power Up Lending Ltd., Geneva Roth Remark Holdings, Inc., and 1800 Diagonal Lending, LLC (formerly known as Sixth Street Lending LLC), for operating as unregistered securities dealers. According to… Read More

Coinbase CEO Welcomes Robinhood to Elite Wells Notice Club

Coinbase co-founder and CEO Brian Armstrong welcomed Robinhood (NASDAQ:HOOD) to the Wells Notice club. This past week, it was reported that Robinhood has received a Wells Notice from the Securities and Exchange Commission (SEC). A Wells Notice indicates that SEC staff is recommending an enforcement action by… Read More

SEC Small Business Capital Formation Advisory Committee Tells Commission to Make it Easier to Become an Accredited Investor

The Securities and Exchange Commission (SEC) and Small Business Capital Formation Advisory Committee (SBCFAC) have finally issued their recommendation regarding the definition of Accredited Investors. This definition impacts the Reg D marketplace, an ecosystem that enabled around $3 trillion in funding in 2023. Just about… Read More

Robinhood Hit with Wells Notice Indicating SEC Staff Recommending Enforcement Action

Robinhood (NASDAQ:HOOD), a new spin on a digital brokerage, has posted an 8-K indicating they are in receipt of a Wells Notice indicating an investigation by the Securities and Exchange Commission (SEC) may lead to a lawsuit by the Commission. According to the filing, Robinhood… Read More

SEC Charges Accounting Firm with “Massive Fraud,” May Impact Reg A+ Issuers

The Securities and Exchange Commission (SEC) has charged BF Borgers CPA PC and its owner, Benjamin F. Borgers with deliberate and systemic failures to comply with Public Company Accounting Oversight Board (PCAOB) standards in its audits and reviews incorporated in more than 1,500 SEC filings… Read More

SEC Issues Report on Minority, Women Activity Under Reg CF

The Securities and Exchange Commission, Office of the Advocate for  Small Business Capital Formation, has posted a report on minotry and women activity in the Reg CF securities crowdfunding sector. Reg CF is one of the exemptions that enables online capital formation as well as… Read More

Crowdfunding: Newsletter Says it Will Name and Shame Reg CF Issuers Who Do Not File Form C-AR

Community Round Ventures says it will create a “naughty list” for firms that raised money using Reg CF (Regulation Crowdfunding) that have not filed their mandated Form C-AR [Annual Report]. Form C-AR is mandated for issuers that use the Reg CF securities exemption. The annual… Read More

ConsenSys Is Reportedly Suing the SEC to “Defend” Ethereum Ecosystem

Consensys is reportedly suing the US Securities and Exchange Commission (SEC) in an attempt to defend the Ethereum ecosystem. Joe Lubin, Co-founder of Ethereum and Founder/CEO of Consensys, notes in a blog post that ConsenSys “took an important step towards preserving access to the Ethereum… Read More

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