Tagged: scott andersen

April 26, 2019 @ 10:10 am By Cali Haan  |  

The PR team at cryptocurrency company Tether has vigorously denied allegations included in a New York court order claiming the company “lost” $850 million USD in customer funds to a Panamanian entity called Crypto Capital then “co-mingled” customer and company funds to cover the loss…. Read More

April 25, 2019 @ 9:13 pm By JD Alois  |  

New York Attorney General Letitia James has obtained a court order against crypto exchange Bitfinex ( iFinex Inc.) and stablecoin Tether alleging violations of New York law in connection with “ongoing activities that may have defrauded New York investors that trade in virtual or cryptocurrency…. Read More

April 3, 2019 @ 11:05 am By JD Alois  |  

The Securities and Exchange Commission (SEC), Division of Corporate Finance, has issued its first No-Action letter pertaining to the issuance of a token that is considered not to be a regulated security. The response was engendered by a request by attorney James Curry, on behalf… Read More

January 31, 2019 @ 8:52 pm By Scott Andersen  |  

On January 22, 2019, the Financial Industry Regulatory Authority (FINRA) released its examination priorities for 2019.  At the top of the list was online funding platform compliance with the securities laws. With an uptick in the offer and sale of securities offerings online with Rule… Read More

October 19, 2017 @ 8:00 pm By Scott Andersen  |  

Even with the flexibility provided to Regulation D private placement offerings by Title II of the JumpStart Our Business Startups (JOBS) Act, U.S. Securities and Exchange Commission (SEC) data has consistently shown that most Regulation D offerings continue to raise capital under traditional Rule 506(b). … Read More

May 20, 2017 @ 4:30 pm By Scott Andersen & George S. Georgiades  |  

With the one year anniversary of Crowdfunding under Regulation Crowdfunding occurring on May 16th, business executives and compliance officers at registered Crowdfunding Portals (CFPs) should be actively preparing for their first regulatory examination by the Financial Industry Regulatory Authority (FINRA).   FINRA’s 2017 exam cycle… Read More

March 21, 2017 @ 9:55 pm By Scott Andersen & George S. Georgiades  |  

Much excitement has been generated with the enactment of Regulation Crowdfunding (Reg CF) and the ability of non-accredited investors to invest in startup companies in the United States. The SEC recently reported that while early capital raising efforts is still growing, Regulation Crowdfunding has provided… Read More

December 28, 2016 @ 7:23 am By Scott Andersen  |  

FINRA recently completed a settlement expelling from FINRA membership UFP, LLC, a registered funding portal that operated under uFundingPortal.com.   The matter marks both early and decisive action by FINRA against a registered funding portal operating under Regulation Crowdfunding.  It establishes that FINRA takes seriously… Read More

August 10, 2016 @ 10:47 pm By Scott Andersen & George S. Georgiades  |  

General solicitation is growing for securities offerings conducted under Rule 506(c) and Reg A+ Tier II in the US.  A more limited form of general solicitation is also available to issuers participating in offerings pursuant to Title III of the JOBS Act (Crowdfunding).  Issuers may… Read More

March 7, 2016 @ 4:00 am By Scott Andersen  |  

The recent economic downturn is not the only challenge for entrepreneurs in the EB-5 and JOBS Act industries.  Rather, the challenges include close regulatory scrutiny by the United States Securities and Exchange Commission’s (SEC) Division of Enforcement.  While both EB-5 and the JOBS Act were… Read More