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Meeting of the SEC Investor Advisory Committee Will Address Reg D and Definition of an Accredited Investor

The Securities and Exchange Commission (SEC), Investor Advisory Committee will meet next week and will discuss two very important policy items that impact capital raising for private firms. The first panel discussion will review exempt securities offerings under Reg D. This exemption, only available to… Read More

It was “Fan Crowdfunding” – SEC Commissioners Peirce and Uyeda Criticize Stoner Cats NFT Enforcement Action

Earlier today, the Securities and Exchange Commission (SEC) announced an enforcement action against Stoner Cats and the creation of non-fungible tokens (NFTs) that were sold to the public. In total, Stoner Cats sold over $8 million in these NFTs which then were available for resale… Read More

Stoner Cats NFT Offering Deemed Unregistered Securities Offering by SEC, Company Settles Paying $1 Million Penalty

Stoner Cats 2 LLC has been charged by the Securities and Exchange Commission (SEC) for pursuing an unregistered securities offering with the issuance of non-fungible tokens (NFTs). This is the second enforcement action targeting an NFT issuer as it broadens its targets in the digital… Read More

Crowdfunding: Yieldstreet Hit with Charges of Misleading Investors Pertaining to Marine Deconstruction Loans, Settles with SEC

The Securities and Exchange Commission (SEC) says it has settled charges against Yieldstreet, a top alternative investment platform mainly serving accredited investors. According to the SEC, Yieldstreet failed to disclose critical information pertaining to an asset-backed securities offering that totaled $14.5 million. Yieldstreet has settled… Read More

Crypto Firm Linus Financial Settles with SEC Regarding Unregistered Securities Allegations Pertaining to a Crypto Lending Product

The Securities and Exchange Commission has settled charges against Linus Financial, Inc. for failing to register the offers and sales of its retail crypto lending product, the Linus Interest Accounts. The SEC decided against having Linus pay penalties as the company took “prompt remedial actions”… Read More

Competitive Enterprise Institute Financial Services Expert Comments on Bitcoin ETF Ruling: The SEC Should Heed the Words of the Court

Yesterday, Grayscale received a solid legal victory in its attempt to offer a Bitcoin ETF. A federal court deemed the Securities and Exchange Commission’s decision to block the launch of the exchange-traded product as “capricious”. Grayscale is currently reviewing its options and the SEC has… Read More

Two SEC Commissioners Question Enforcement Action on NFT Issuer Impact Theory

SEC Commissioners Hester Peirce and Mark Uyeda have joined to issue a statement on the enforcement action taken by the Commission against NFT issuer Impact Theory. Yesterday, the SEC revealed its first enforcement action against an NFT issuer, with the firm settling the allegations without… Read More

First: SEC Charges NFT Issuer Impact Theory with Pursuing an Unregistered Security Offering, Company Settles Charges

The Securities and Exchange Commission (SEC) has filed charges against Impact Theory and the issuance of an NFT or non-fungible token that was deemed to be an unregistered offering of crypto asset securities. This is the first NFT offering that the SEC has targeted for… Read More

Comments on SEC’s New Rules on Private Fund Advisors

Yesterday, the Securities and Exchange Commission (SEC) adopted a new set of regulations for Private Fund Advisers. The new rules will require private fund advisers to provide investors with more information and sets a higher bar on compliance. Below, are several perspectives on the new rules… Read More

Crypto Fraud – SEC Charges Former New Jersey State Correctional Police Officer

The Securities and Exchange Commission (SEC) has charged former New Jersey State Correctional Police Officer John A. DeSalvo with fraud in relation to the offering of the “Blazer Token,” which the SEC believes is a “crypto asset security.” At the same time, the US Attorney’s… Read More

SEC Approves New Rules for Private Fund Advisors

In an open meeting of the Commission today, the SEC approved new rules to regulate private fund advisors. The SEC said that the new rules are designed to “protect private fund investors by increasing transparency, competition, and efficiency in the private funds market.” SEC Chairman… Read More

“Fintech Investment Advisor” Titan Target of SEC Enforcement Action, Pays Penalty to Settle Charges

The SEC has charged Titan Global Capital Management, described as a “Fintech investment advisor,” with touting hypothetical performance that was misleading. Titan has settled the allegations without admitting or denying the SEC’s claims. The firm has paid a small penalty of $192,454 in disgorgement as… Read More

Digital Assets: Chair of House Financial Services Sends Letter to SEC, FINRA Questioning Prometheum Relationship, Says Investor Has Ties to CCP

The Chair of the House Financial Services Committee, Representative Patrick McHenry, along with other Committee Republicans, have sent a letter to the Chair of the SEC, Gary Gensler, as well as the FINRA President Robert Cook, questioning the relationship with Prometheum and the approval for… Read More

Bitcoin ETFs: SEC Delays Decision on Ark Investment Management’s Spot Crypto ETF

The US Securities and Exchange Commissin (SEC) has postponed its decision regarding Cathie Wood‘s spot Bitcoin ETF application. The US SEC recently confirmed that it will be delaying its decision on whether to greenlight the Cathie Wood-backed Ark Investment Management’s (ARK) spot bitcoin Exchange-Traded Fund…. Read More

SEC to Appeal Ripple-XRP Decision: If the appeals Court Adopts the decision it could “put a big hole” in its case against Coinbase

As the crypto-sphere knows, last month Ripple/XRP received a partial victory against the Securities and Exchange Commission (SEC) in a court decision that determined that people who bought XRP could not reasonably expect Ripple to act to increase the price of XRP and the sales… Read More

SEC Files Charges for Unregistered Securities Offering in Crypto Issuance by Hex, PulseX and PulseChain: Raised More than $1 Billion

The Securities and Exchange Commission (SEC) has filed charges for an unregistered securities offering involving crypto. According to the SEC, Richard Heart, also known as Richard Schueler, along with three separate firms, Hex, PulseX, and PulseChain, raised over $1 billion in an unregistered securities offering…. Read More

SEC Adopts New Cybersecurity Guidelines

The Securities and Exchange Commission (SEC) this week adopted rules requiring registrants to disclose material cybersecurity incidents they experience and, on an annual basis, material information regarding their cybersecurity risk management, strategy, and governance. The SEC also adopted rules requiring foreign private issuers to make… Read More

SEC Proposes Predictive Data Limitations

This week, the Securities and Exchange Commission (SEC) proposed new rules requiring broker-dealers and investment advisers to address conflicts of interest associated with their use of predictive data analytics and similar technologies to interact with investors. The proposed regulations are designed to prevent firms from… Read More

SEC Issues Statement on Crypto Activity and Accounting

The Securities and Exchange Commission (SEC), Chief Accountant – Paul Munter, has posted a statement on “potential pitfalls of purported crypto assurance work. Munter states that in light of the many scandals of fraud in the cryptosphere, claims by platforms that they retain 3rd party… Read More

SEC Schedules Open Meeting to Consider New Rules

The Securities and Exchange Commission (SEC) has scheduled an open meeting for later this week. On Wednesday, the Commission will consider new rules for several items. According to the agenda, the Commission will consider. Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure – Division of… Read More

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