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SEC: NVIDIA Accused of Inadequate Disclosure Regarding Crypto Mining, Pays $5.5 Million Penalty

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

SEC Climate Risk Disclosure: What are People Saying About Proposed Rules?

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

SPAC Market Cools in 2022, Meanwhile the SEC Has Proposed New Rules that May Undermine SPACs Further

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

Bigger Guns: SEC Ramps Up Enforcement Team on Crypto, Doubles Headcount at Crypto Assets and Cyber Unit

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

Securities and Finance Experts Worry that SEC’s ESG Requirements will Drive Shareholder Returns Lower, Push Prices Higher and Have a Negative Impact on Labor

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

SEC Small Business Capital Formation Advisory Committee will Discuss SPACs, Climate Disclosure under ESG Push

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

More Enforcement: SEC Alleges Fraud in Digital Asset Offering that Raised $10 Million

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

The Definition of “Exchange” and Regulation ATS: Comments on the Proposed Rule Change by SEC and the Impact to Digital Asset Markets

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

Big Win for Ripple in Recent Ruling in Ongoing Battle with SEC

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

SEC Commissioner Looks to Hire Securities Attorney to Help with Crypto

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

President Biden Nominates Mark Uyeda and Jaime Lizárraga as SEC Commissioners

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

The SEC’s Scattershot and Inefficient Approach to Crypto: Commissioner Hester Peirce Comments on New Staff Bulletin on Crypto

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

SEC Commissioner Hester Peirce Dissents on SPAC Proposal as Designed to “Stop SPACs in their Tracks”

  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

SEC Proposes New Rules Impacting SPACs

The Securities and Exchange Commission (SEC) has issued a statement proposing new rules impacting Special Purpose Acquisition companies or SPACs. The recent rise in the number of SPACs being utilized to bring a company public with less disclosure than a traditional initial public offering has… Read More

Small Business Advocate Martha Legg Miller to Depart SEC

The Securities and Exchange Commission (SEC) has announced that Martha Legg Miller, Director of the Office of the Advocate for Small Business Capital Formation (OASB), is leaving the agency at the end of April. The SEC added that Sebastian Gomez Abero will serve as Acting… Read More

Commissioner Hester Peirce: “Not the Securities and Environment Commission Yet,” as SEC Pushes for Rules Targeting Climate Related Disclosure

Today the Securities and Exchange Commission (SEC) proposed new rules to compel publicly traded firms to disclose climate-related information. The policy shift has long been anticipated and messaged by the Commission under the leadership of Chairman Gary Gensler. According to the SEC, new rules would… Read More

SEC Commissioner Allison Herren Lee to Step Down from Commission this June

SEC Commissioner Allison Herren Lee has announced her pending departure from the Commission. According to a statement, Lee’s term expires this June and she has decided to exit the top US securities regulator at that time. Commissioner Lee issued the following statement: “My term as… Read More

Commissioner Hester Peirce Dissents from SEC’s Punishment of BlockFi: Not the Best Way to Protect Crypto Lenders

Commissioner Hester Peirce has once again come to the defense of a Fintech innovator pertaining to the settlement announced today in regards to BlockFi –  a large crypto platform. As was reported earlier, BlockFi must pay $100 million in penalties to both the SEC and… Read More

SEC Commissioner Hester Peirce Applies Common Sense in Accredited Investor Discussion

Last week, the SEC Small Business Capital Formation Advisory Committee (SBCFAC) held a meeting to discuss the definition of an accredited investor. As CI has frequently covered in the past, this definition determines who may, or who may not, participate in Reg D securities offerings…. Read More

SEC Settles Dispute with Two Arizona Fintechs: ZipRemit and Lendaily

The Securities and Exchange Commission (SEC) has settled actions against two Arizona-based Fintechs ZipRemit and Lendaily. The SEC that final judgments have been entered against the two firms along with CEO Gary Prior. Without admitting or denying the allegations of the amended complaint, Pryor, ZipRemit,… Read More

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