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As Originally Drafted, Reg A+ and Reg CF Got it Wrong: SEC Commissioner Peirce

Last week during the meeting of the SEC Small Business Capital Formation Advisory Committee (SBCFAC), members voted to support improvements to secondary trading of crowdfunded securities – more specifically, to exempt state laws when it comes to the trading of securities under Tier 2 of… Read More

SEC Small Business Capital Formation Advisory Committee Tells Commission Climate Disclosure May Deter Firms from Going Public

Earlier this year, the Securities and Exchange Commission (SEC), Small Business Capital Formation Advisory Committee (SBCFAC), held a meeting to discuss proposed rules on climate risk disclosure. The meeting addressed potential rule changes initiated by the SEC and championed by SEC Chairman Gary Gensler. When… Read More

SEC Publishes Report on Small Business Forum

This past week, the Securities and Exchange Commission (SEC) published its 41st annual Small Business Forum report, an effort to help guide the Commission on important issues facing small businesses and access to capital in the USA. While the SEC focuses most of its attention… Read More

Senator Pat Toomey Slams SEC’s “Regulation by Enforcement” in Regards to Coinbase Claims

Coinbase (NASDAQ:COIN) recently worked with the Securities and Exchange Commission (SEC) to pursue an insider action investigation that ended up with three individuals, including a former Coinbase manager, being hit with a lawsuit by the SEC as well as parallel criminal charges from the US… Read More

SEC Gains Final Judgement on ICO Offering that Involved John McAfee

The Securities and Exchange Commission (SEC) has obtained final judgment on an initial coin offering (ICO) that involved John McAfee, the peripatetic software entrepreneur and blockchain advocate. McAfee died in a jail cell in Barcelona after being apprehended on tax evasion accusations. The claims against… Read More

What Are Opponents Saying About the SECs Push to Demand Climate Risk Disclosures?

The Securities and Exchange Commission (SEC) has proposed ESG rules that may compel public firms to disclose climate risks that may impact the environment. The rule proposal was accepting comments from interested parties up until this past week with a deadline of June 17th. While everyone… Read More

House Republicans Tell SEC to Rescind Proposed Climate Reporting Requirements as it Exceeds the Commission’s Authority

House Republicans have sent a letter to the Chairman of the SEC Gary Gensler telling him to halt his pursuit of proposed climate disclosure rules as over-stepping the statutory responsibilities of the Commission. In the letter, signed by 129 Republicans led by the top Republican… Read More

US Senate Confirms Two SEC Commissioners: Jaime Lizárraga and Mark Uyeda

The US Senate has confirmed two new SEC Commissioners; Jaime Lizárraga and Mark Uyeda. Lizárraga previously served as Senior Advisor to Speaker of the House Nancy Pelosi where he covered issues relating to financial markets, housing, international financial institutions, immigration, and small business policy. He… Read More

SEC Commissioner Hester Peirce Comments on Crypto Legislation, Chastises Commission for Doing Little to Adopt Regulation

SEC Commissioner Hester Peirce posted a speech this week that addresses crypto markets and regulation. Commissioner Peirce has long taken a thoughtful approach in regards to digital asset innovation while generally being supportive Fintech. Peirce mentioned the bipartisan legislation published this month that aims to… Read More

Schwab Penalized by SEC for Robo-Advisor Hidden Fees, Disclosure on Performance

The Securities and Exchange Commission (SEC) charged three Charles Schwab investment adviser subsidiaries for allocating client funds in a manner that their own internal analyses showed would be less profitable for their clients under most market conditions. Schwab has agreed to pay $187 million to… Read More

Terraform Labs, Creator of Failed Algorithmic Stablecoin TerraUSD, Investigated by SEC

The Securities and Exchange Commission (SEC) has posted a notice that the United States Court of Appeals for the Second Circuit has affirmed a district court order requiring compliance with investigative subpoenas served by the Commission on Terraform Labs Pte Ltd and Do Kwon – based… Read More

SEC Commissioner Peirce and CFTC Commissioner Pham Join in Calling for Progress on Decentralized Regulation

SEC Commissioner Hester Peirce and CFTC Commissioner Caroline Pham have partnered on an Op-Ed published this week in the Hill calling for progress on the regulation of decentralization. Alluding to possible friction between the two agencies as regulators jostle as to which sector of crypto… Read More

SEC Receives Final Judgement Against Centra Tech ICO and Founders

The Securities and Exchange Commission has obtained final judgments on consent against Sohrab “Sam” Sharma, Robert Farkas, and Raymond Trapani in regards to Centra Tech and an initial coin offering (ICO) deemed to be an unregistered security by the SEC. The SEC states that Centra… Read More

Chairman Gary Gensler Tells Congressional Committee Crypto Exchanges Need to Register as Exchanges with SEC

SEC Chairman Gary Gensler testified in front of the Subcommittee on Financial Services and General Government, part of the House Appropriations Committee, to justify the agency’s budget request. As part of the questioning from various members, Gensler answered several questions which were crypto-related. Chairman Gensler… Read More

SEC Chairman Gary Gensler to Visit Appropriations Subcommittee to Discuss Budget: “The gold standard for capital markets”

Tomorrow (May 18, 2022), SEC Chairman Gary Gensler will hike up to Capitol Hill to extoll the need for a slight budget increase for the SEC and its ~ 4800 employees. Chair Gensler, along with the Chair of the FTC, will address the Subcommittee on… Read More

SEC Chairman Gary Gensler Re-Affirms His View that Most All Digital Assets are Securities

“Most crypto tokens are investment contracts under the Supreme Court’s Howey Test.” SEC Chairman Gary Gensler is not wavering from his view that most all crypto assets are securities. Gensler has consistently voiced this belief queueing up expectations for a growing number of enforcement actions… Read More

After Receiving Substantial Criticism For Rushed Rulemaking, SEC Extends Comment Period on Climate Disclosure Rule, ATSs & Definition of an Exchange

The Securities and Exchange Commission (SEC) has extended the comment period on proposed ESG rules that may compel public firms to disclose their climate risks and impact on the environment. The SEC has received broad criticism in regards to the rushed nature of the rulemaking… Read More

All in on Crypto Enforcement: SEC Beefs Up Crypto Asset and Cyber Unit to Target Digital Asset Transgressions

Announced last week, the Securities and Exchange Commission (SEC) revealed its intent to step up its crypto enforcement actions with a newly renamed Crypto Assets and Cyber Unit doubling its headcount. The SEC outlined its reinvigorated mission as targeting digital asset offerings, crypto exchanges, lending… Read More

Commissioner Hester Peirce Questions Why SEC is Leading with Crypto Enforcement

Last week it was reported that the Securities and Exchange Commission (SEC) was doubling the size of its crypto enforcement team. The SEC also revealed that it had rebranded its Cyber Unit to the Crypto Assets and Cyber Unit to reflect its additional focus on… Read More

SEC Files Fraud Charges Against Cryptominer, Founders – Alleges Unregistered Securities Offerings

The Securities and Exchange Commission (SEC) has once again filed fraud charges against a crypto operation. The SEC alleges that MCC International Corp. (MCC), which does business as Mining Capital Coin Corp., its founders Luiz Carlos Capuci, Jr. (aka Junior Caputti or Capuci) and Emerson… Read More

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