Tagged: securities and exchange commission

ICO Tokens & the SEC: You Can’t Even Give Them Away …. No, Seriously

Summary:    The SEC has issued a Cease & Desist Order and sanctions against a token issuer and its founder.  Among several findings, the SEC determined that the “Bounty Program” run by the issuer constituted a securities offering.  The Order states “a ‘gift’ of a… Read More

SEC Issues Investor Alert on Self Directed IRAs, Includes Special Warning on Digital Assets such as ICOs

Last week, the Securities and Exchange Commission issued an investor alert on Self Directed IRAs. As one would expect, the individual investor manages these retirement accounts without the assistance of an investment advisor. A self-directed IRA is held by a custodian that allows investment in a broader… Read More

In Bitcoin ETF Quest, Custody Looms as a Significant Issue

The Securities and Exchange Commission (SEC) pumped the brakes once again this week on firms offering Bitcoin based ETF. While these exchange traded funds have the potential to expand a far wider audience to the digital asset class, so far regulators have been hesitant to… Read More

SEC Delays Another Decision on a Bitcoin ETF Until Late September

The SEC (Securities Exchange Commission) announced yesterday that it will take a full 90 days to decide on a rule change that may permit VanEck SolidX to take a Bitcoin ETF to market. The latest request for a rule change came from the Chicago Board… Read More

Petition the SEC: Raise the Crowdfunding Limit to $20 Million

“small businesses are still shut out from equity crowdfunding due to the current regulatory constraints.” Recently, a group of prominent small business advocates and crowdfunding industry insiders sent a letter to Securities and Exchange Commission (SEC) Chairman Jay Clayton. The group, which included representatives of… Read More

SEC Chairman Jay Clayton Issues Brief Statement on US Department of Treasury Fintech Report

Following the extensive report on Fintech published by the US Department of Treasury today, the Chairman of the Securities and Exchange Commission, Jay Clayton, issued a brief statement calling the document a valuable contribution to the SEC’s mission; Chairman Clayton stated; “Today, the Treasury Department… Read More

As SEC Denies Winkelvoss Bitcoin ETF, Commissioner Hester Peirce Publishes Dissent on Commission’s Decision

Commissioner Hester Peirce has slammed the Securities and Exchange Commission’s decision to deny trading of the Winklevoss Bitcoin Trust on Bats BZX Exchange in a public statement. Peirce stated; “I am concerned that the Commission’s approach undermines investor protection by precluding greater institutionalization of the… Read More

Fixing the JOBS Act Beyond JOBS Act 3.0: Follow the Money

  Often repeated, but not always followed, is the advice: follow the money. Sometimes basic problems – and their solutions – are more readily understood (and solved) with this simple mantra. Effective capital markets are no exception. They demand faithful adherence to this principle. Lose… Read More

A Transfer Agent’s Blockchain Manifesto

When the blockchain mania began many commentators and market participants were quick to point out the revolutionary aspects of this technology and began sounding the death knell of the traditional securities industry. They claimed that there would no longer be any need for regulation or… Read More

Securities Token Roundtable Meets to Upgrade ERC20 Smart Contracts for Blockchain based Security Token Offerings

The flight to Barbados isn’t a short one.  I left home at 5am and didn’t get into Barbados until after midnight thanks to a minor delay caused by inclement weather surrounding Miami.  I heard that it’ll take roughly 35 hours for another person who’s coming… Read More

SEC Obtains Judgement Against Attorney, Law Firm Manager on Sales of Ubi Blockchain Stock

The Securities and Exchange Commission (SEC) has obtained final judgments against attorney T.J. Jesky and his law firm’s business affairs manager, Mark F. DeStefano pertaining to the illegal sales of Ubi Blockchain stock. Both Jesky and DeStefano profited from sales in the stock. UBIA is a… Read More

SEC Charges Attorney T.J. Jesky & Mark DeStefano with Illegal Sales of Stock in UBI Blockchain Internet

The Securities and Exchange Commission has taken action against two individuals who allegedly benefited from the illegal sales of stock in a blockchain related business. Attorney T.J. Jesky and his law firm’s business affairs manager, Mark F. DeStefano, reportedly unlawfully sold shares inn UBI Blockchain Internet… Read More

SEC on ICO’s: The Central Thing is Decentralization

In June 14 comments before the “Yahoo Finance All Markets Summit: Crypto,” William Hinman, Director of the SEC’s Division of Corporate Finance, stated: ETHER is not a security Decentralization and means of promotion are key to determining whether a token is a security. A digital… Read More

Evolution Blockchain Group Receives Order from SEC to Suspend Trading

The Securities and Exchange Commission (SEC) has issues an “Order of Suspension of Trading” for Evolution Blockchain Group, Inc. The firm was trading on OTC Link, previously labeled pink sheets.  Evolution Blockchain is a Nevada corporation trading under the ticker symbol EVBC. The SEC cited; “(1)… Read More

Antonopoulos Calls Ether: “The Most Credible Utility Token out There”- Lawyer Bristles

“I don’t really see Ethereum’s pre-sale being an ICO.” And thus begins one of the latest videos posted by widely-respected cryptocurrency commentator, writer and technologist Andreas Antonopoulos on his YouTube site. Ether was issued as a genuine utility token, Antonopoulos believes,  and not as a… Read More

Cboe President Warns of Regulatory Danger Hanging Over Issuers and Holders of ICOs

The president of the Chicago Board Options Exchange (Cboe), the first US company to sell futures contracts on Bitcoin, has warned that “two waves of reckoning” will come down on issuers and then holders of ICOs (initial coin offerings) in the US, Business Insider reports…. Read More

SEC Director of CorpFin William Hinman Tells Conference Whether an ICO May Start Life as a Security and Transform Later into Something Else (but Ethereum is not a Security)

Ethereum Not a Security Speaking at the Yahoo Finance conference in San Francisco today, Securities and Exchange Commission (SEC) Director of Corporate Finance William Hinman tackled the topic of morphing initial coin offerings (ICOs) and whether an ICO could start life as a security and… Read More

SEC Trading and Markets Director: Self-Reporting by ICOs “Underwhelming”-Decision Coming

Brett Redfearn, the Director of the Division of Trading and Markets at the SEC has criticized crypto producers and exchanges for failing to voluntarily register and report their activities to the SEC. “We’re underwhelmed by the enthusiasm for coming within the regulatory structure right now,”… Read More

Here is the Preliminary Injuction filed by the SEC Against Titanium Blockchain and their ICO

Yesterday, the Securities and Exchange Commission, Division of Enforcement, posted an update on the Titanium Blockchain enforcement action that reviewed the preliminary injunction filed against the firm. A quick review of the update indicated little new pertaining to the SEC’s move to shut down the… Read More

Ripple Hires Big Guns: Former SEC Chair Mary Jo White and Former SEC Enforcement Director Andrew Ceresney to Defend Unregistered Securities Claim in Sale of XRP

How times have changed. Ripple Labs, creators of the third largest cryptocurrency (CRP) by market cap following only Bitcoin and Ethereum, have hired two well known big legal guns to defend their case in the California Courts. Ripple has hired former SEC Chair Mary Jo… Read More