Archives

May 18, 2022 @ 12:03 pm By JD Alois  |  

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

May 17, 2022 @ 5:18 pm By JD Alois  |  

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

May 11, 2022 @ 11:53 am By JD Alois  |  

“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

May 9, 2022 @ 11:58 am By JD Alois  |  

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

May 9, 2022 @ 10:22 am By JD Alois  |  

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

May 8, 2022 @ 6:38 pm By JD Alois  |  

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

May 6, 2022 @ 2:36 pm By JD Alois  |  

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

May 6, 2022 @ 10:31 am By JD Alois  |  

The Securities and Exchange Commission has settled charges against NVIDIA (NASDAQ:NVDA) regarding allegations of inadequate disclosures concerning the impact of cryptomining on the company’s gaming business. Without admitting or denying the SEC’s findings, NVIDIA has agreed to a cease-and-desist order and to pay a $5.5… Read More

May 4, 2022 @ 10:29 pm By JD Alois  |  

This past March, Chairman Gary Gensler announced the Securities and Exchange Commission was aiming to require disclosure on climate impact for registered firms. The Fact Sheet may be viewed here. Climate-related information would be required in firms’ registration statements and annual reports, including information about… Read More

May 3, 2022 @ 11:20 am By JD Alois  |  

Last year was a big one for the SPAC [special purpose acquisition company] market. Reportedly, 613 SPAC offerings were floated on an exchange easily topping 420 traditional initial public offerings. Since the beginning of 2022, SPAC offerings have slowed to around 62 so far. SPACs… Read More

May 3, 2022 @ 10:52 am By JD Alois  |  

The Securities and Exchange Commission (SEC) will double its enforcement team when it comes to the crypto or digital assets sector. According to a statement by the SEC, the renamed Crypto Assets and Cyber Unit (formerly the Cyber Unit) will increase its headcount to 50… Read More

May 1, 2022 @ 4:27 pm By JD Alois  |  

The Securities and Exchange Commission is currently pursuing new rules under the auspices of ESG: Environmental, Social, and Governance. In March of 2022, SEC Chairman Gary Gensler explained they were aiming to require disclosure for firms on issues such as climate impact. He explained: “The… Read More

April 29, 2022 @ 5:33 pm By JD Alois  |  

The Securities and Exchange Commission’s Small Business Capital Formation Advisory Committee (SBCFAC) has scheduled a meeting to discuss two specific topics: SPACs or Special Purpose Acquisition Companies and Climate Disclosure. The meeting will take place on Friday, May 6, 2022. According to a statement by… Read More

April 29, 2022 @ 12:58 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) has charged Steven Chiang a/k/a Cyrus Kong, Eric Tippetts, James Hardy, and Maurice “Butch” Chelliah in regards to an alleged digital asset offering that has been deemed an unregistered securities offering. According to the other SEC, the defendants raised… Read More

April 26, 2022 @ 8:08 pm By JD Alois  |  

As was noted last week, this past January the Securities and Exchange Commission (SEC) proposed amendments to the Exchange Act and the definition of an Exchange as well as Regulation ATS (Alternative Trading System). While described in relatively benign terms, the language of the proposed… Read More

April 15, 2022 @ 4:10 pm By JD Alois  |  

A recent ruling in the ongoing legal battle between Ripple and the Securities and Exchange Commission (SEC) pertaining to the issuance of XRP and the allegation by the Commission it is in fact an unregistered security took a turn in favor of Ripple this past… Read More

April 15, 2022 @ 12:07 pm By JD Alois  |  

SEC Commissioner Hester Peirce is looking for an attorney to assist and advise on issues including crypto along with affiliated enforcement actions. Commissioner Peirce promoted the new position in a Tweet. As is well known, the Commissioner has been very supportive of Fintech innovation, along… Read More

April 7, 2022 @ 10:15 am By JD Alois  |  

The White House has finally selected two individuals to become Commissioners at the Securities and Exchange Commission (SEC). President Joe Biden has selected: Jaime Lizárraga Mark Uyeda According to the White House, Jaime Lizárraga is currently a Senior Advisor to Speaker of the House Nancy… Read More

March 31, 2022 @ 2:52 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) has posted a Staff Accounting Bulletin (SAB) expressing the view of the staff regarding the “accounting for obligations to safeguard crypto-assets an entity holds for platform users.” The SAB adds “interpretive guidance” regarding “obligations to safeguard crypto-assets held for… Read More

March 30, 2022 @ 5:02 pm By JD Alois  |  

  SEC Commissioner Hester Peirce has posted a dissenting opinion regarding the rule proposal addressing SPACs. As was previously reported, the Securities and Exchange Commission has issued a 372-page proposal for new rules pertaining to Special Purpose Acquisition companies [SPACs]. SEC Chairman Gary Gensler described… Read More