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SEC Chairman Gary Gensler Sings the Same Song on Crypto Regulation: Everything is a Security (Pretty Much)

SEC Chairman Gary Gensler continues to assert that pretty much all digital assets are securities and should be regulated as such. As part of the SEC Speaks series, Chair Gensler said that of the approximately 10,000 “tokens” he believes they are securities and the few… Read More

SEC Investor Advisory Committee Schedules Meeting, Will Discuss Climate Disclosure Along with Other Topics

The Securities and Exchange Commission (SEC), Investor Advisory Committee (IAC) has scheduled a meeting for September 21st. According to the Sunshine Act Notice, the IAC will be discussing Climate Disclosure along with a recommendation made by the Committee. Currently, the SEC is proposing new rules… Read More

Internet Offering Fraud: SEC Charges Group With Fraud for Bogus Fund that Didn’t Exist

The Securities and Exchange Commission (SEC) has charged the Archer Capital Management Group, Archer Growth Fund, and two related entities, HDR Management LLC and Silvermoon Group LLC, with an alleged fraudulent scheme that raised $2.6 million from at least 20 unsuspecting investors. According to the… Read More

Regulation by Op-Ed: Cato Criticizes Chair Genslers Regulatory Musings on Crypto Regulation

Several days ago, SEC Chairman Gary Gensler took to the pages of WSJ.com to reflect on crypto markets and regulations. This has been a hot topic for several years now as clear-cut rules by regulators still don’t quite exist. Chair Gensler is of the opinion… Read More

SEC Publishes Draft Strategic Plan, Says it Must Pursue New Authorities from Congress

The Securities and Exchange Commission (SEC) has published a draft strategic plan for the 2022 to 2026 fiscal years. The plan targets three goals: Protect working families against fraud, manipulation, and misconduct; Develop and implement a robust regulatory framework that keeps pace with evolving markets,… Read More

SEC Warns Investors About the Risks of Reg D

This past week, the Securities and Exchange Commission (SEC), staff of the Office of Investor Education and Advocacy, posted a warning about private placements under Reg D, including 506c and 506b, as well as Rule 504. Reg D is an exemption that is widely utilized… Read More

Dragonchain Charged with Unregistered Crypto Asset Securities Offerings

The Securities and Exchange Commission (SEC) has charged Dragonchain, Dragonchain Foundation, the Dragon Company and founder John Joseph Roets with raising $16.5 million in an “unregistered crypto asset securities offering.” In the complaint, the SEC alleges that Roets, Dragonchain, and the Foundation conducted an unregistered… Read More

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

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