Tagged: sec

The SEC Wants to Extend Test the Waters for Issuers and That’s Good Thing

Yesterday, the Securities and Exchange Commission (SEC) proposed a reform that would permit potential issuers to gauge investor interest prior to pursuing an offering. According to the SEC, the new rule and related amendments would expand the “test-the-waters” process, currently available to emerging growth companies or “EGCs,”… Read More

Gladius Self Reports ICO to SEC – No Fine Imposed

Gladius Network, LLC, a company that raised $12.7 million dollars via ICO (initial coin offering) in late 2017 to, “develop a network for renting spare computer bandwidth to defend against cyber attacks and enhance delivery speed,” has settled with the SEC after self-reporting its unregistered… Read More

SEC Adds More Specificity in Latest Initial Coin Offering (ICO) Warning to the Public

In addition to its standard warnings about the generalized risks of ICO-investing and advice to interested ICO issuers that they read the SEC’s 2017 21(a) report, the agency’s latest guide to ICOs (initial coin offerings) gets more specific about the “fraud and manipulation” risks posed… Read More

Previously Denied, Securities and Exchange Commission Granted Injunction Against Blockvest and Acts of Alleged ICO Fraud

In a valentine’s day reprieve, the Securities and Exchange Commission was granted a preliminary injunction against Blockvest LLC and its founder, Reginald Buddy Ringgold, III, pertaining to allegations of fraud connected with an initial coin offering (ICO). The judge overseeing the proceedings reconsidered the court’s previous order… Read More

Reality Shares Fiat and Bitcoin Futures ETF Filing Withdrawn After One Day at SEC’s Request

Exchange-traded fund provider Reality Shares has withdrawn its application to have its proposed “Reality Shares Blockforce Global Currency Strategy ETF” approved by the SEC- one day after the request was initially filed, Bitcoin.com reports. According to the “request for withdrawal,” the demand was made at… Read More

Tokenization: The Meaning of “Equity Securities” Under 
Section 12(g) – It’s Broader than You May Think

2017 saw a roaring ICO market, with billions of dollars raised by blockchain-based digital asset issuers selling “utility tokens” in initial coin offerings. As the Securities and Exchange Commission (the “SEC”) began cracking down on token issuers for failing to follow securities laws, in late… Read More

SEC Commissioner Peirce Discusses Innovation and Entrepreneurship and Agency’s Opportunity to Rethink its Approach Related to Blockchain and Cryptocurrencies

In a presentation last Friday (along with a Q&A session), SEC Commissioner Hester Peirce discussed innovation, entrepreneurship, and the SEC’s impact on these important aspects of the economy. Delivered remotely to the University of Missouri School of Law, Peirce talked about balancing investor protection while fostering… Read More

What Does Kik’s YouTube Video Mean For Their Fight Against the SEC?

As I discussed in a previous article, in November 2018, the SEC staff  (the “Staff”) notified Kik Interactive Inc. and the Kin Foundation (collectively, “Kik”) that they would recommend that the SEC file an enforcement action against Kik for violating registration requirements of the securities… Read More

SEC Commissioner Peirce Responds to Statements by Commissioner Jackson Regarding Crypto ETFs

Earlier this week, SEC Commissioner Robert Jackson spoke to Roll Call about the potential for Bitcoin or crypto-based Exchange Traded Funds (ETFs). Jackson said he is of the opinion that someone will eventually satisfy the standards the SEC have established. But he also added the caveat… Read More

Enforcement: SEC Charges Online Gaming Company Kizzang & Founder with Fraud, Raised $9 Million From Investors and Used Funding as “Personal Piggybank”

Securities Fraud 101 Yesterday, the Securities and Exchange Commission (SEC) Enforcement Division filed a complaint against online gaming firm Kizzang and founder Robert Alexander. The SEC alleges that from February 2013 to mid 2017, Alexander raised approximately $9 million from 53 different investors. Unfortunately for… Read More

Breaking Down Kik’s Fight Against the SEC and their $100 Million ICO

Kik Interactive Inc. (“Kik”), a company based in Canada, raised close to $100 million selling Kin tokens during the initial coin offering (ICO) boom of 2017, making it one of the most successful ICOs. It first sold tokens to accredited investors through a SAFT (Simple… Read More

Caution: Online Funding Platforms Will Encounter More Regulatory Scrutiny in 2019

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

Regional Director of the SEC’s Fort Worth Office Who Pursued AriseBank’s ICO Fraud Departs Agency

Shamoil T. Shipchandler, the Director of the Fort Worth Regional Office of the Securities and Exchange Commission, has departed the agency, according to a note by the SEC. During his tenure in Fort Worth, Shipchandler pursued some “novel cases” including cryptocurrency fraud. Shipchandler oversaw a team… Read More

Back to Work: Securities and Exchange Commission is Back on the Job as Government Re-Opens

The Securities and Exchange Commission (SEC) is back on the job as President Trump signed a bill that will re-open the government for three weeks – until February 15th. The closure of federal offices was due to a political spat between the Democrats and the… Read More

Real Estate Crowdfunding: A Discussion with William Skelley, Former CEO of iFunding

iFunding was an early entrant into the real estate crowdfunding sector. Once Title II of the JOBS Act became law (Reg D 506c), it opened up a new world of online promotion for securities offerings and real estate almost immediately became one of the hottest… Read More

US Government Shutdown Slams the Breaks on Reg A+ Issuers. Is there an Alternative to Fix the Logjam?

There has been a good amount of discussion about the impact of the government shutdown and the effect on government employees who are not being paid.  The shutdown is also undermining sectors of the economy that depend on furloughed public employees. One sector of finance that has… Read More

VanEck Withdraws Bitcoin ETF Proposal at SEC

VanEck has withdrawn it’s its SEC application for a rule change that would allow the company to list a Bitcoin ETF on the Cboe exchange. According to the relevant release from the SEC, VanEck first filed for the rule change on June 20th of last… Read More

Enforcement Never Rests: SEC Announces Charges in the Edgar Hacking Case

Even while much of the Securities and Exchange Commission (SEC) is on furlough due to the US government shutdown, today the SEC announced charges against nine defendants for participating a hack into the SEC’s EDGAR system – the database that hosts all mandated securities filings…. Read More

SEC Fined and Sanctioned Crypto Project Paragon Pumps 6800% on Russian Exchange

A Happy New Year, indeed. Paragon Coin (PRG), the crypto token of a “cannabis on blockchain” project sanctioned in November by the SEC, pumped 6800% overnight on New Year’s Eve on the Russian crypto exchange Yobit. When PRG holders woke up in the new year,… Read More

“Riot Blockchain” Associate Settles Microcap Fraud Case with SEC

Dr. Philip Frost, a biotech billionaire accused of “fleecing investors…(in) lucrative market manipulation schemes” has agreed to pay $5.5 million in penalties to the American Securities and Exchange Commission (SEC), CNBC reports. Frost is a business associate of Barry Honig, the accused ringleader int he alleged… Read More

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