Tagged: securities and exchange commission

SEC Investor Advisory Committee Scheduled for March 8th

The Securities and Exchange Commission (SEC) has scheduled its first meeting for 2018 of the Investor Advisory Committee (IAC). The Committee helps to guide the SEC on initiatives that protect individual investor interests. In practice, this largely means investor protection issues. The upcoming meeting includes… Read More

A Tale of Two Cities: SEC & CFTC Heads Testify Before the Senate Banking Committee

Truly, it was a tale of two cities. On February 6, 2018, the U.S. Senate Banking Committee held a hearing on the oversight role of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) in respect of virtual currencies like Bitcoin… Read More

Slam the Brakes: SEC Halts AriseBank Initial Coin Offering that Claimed to Have Raised $600 Million, ICO Pumped by Boxing Champ Evander Holyfield

The Securities and Exchange Commission (SEC) has slammed the brakes on another initial coin offering (ICO) that flouted established securities laws. The SEC obtained a court order halting the AriseBank ICO that targeted retail investors to invest in the “world’s first decentralized bank. AriseCoin’s public… Read More

ICO Industry Adjusts as SEC & CFTC Warn Both Issuers & Advisors Including Attorneys Engaged Token Offerings

  This past week both the Securities and Exchange Commission and the Commodity Futures Trading Commission came out with strong statements warning the exuberant initial coin offering industry (ICO) that regulators will no longer tolerate the flouting of existing securities law. ICOs have increased rapidly… Read More

CFTC Chairman J. Christopher Giancarlo & SEC Chairman Jay Clayton Join in OpEd on Cryptocurrency & Regulatory Enforcement

In another obvious sign that the federal government is ramping up enforcement actions against initial coin offerings that do not file for an appropriate securities exemption or commit other illegal acts such as fraud, CFTC Chairman J. Christopher Giancarlo and SEC Chairman Jay Clayton jointly published… Read More

SEC Chair Jay Clayton Addresses ICOs in Speech Including Rebuke to ICO Advisors

The Securities and Exchange Commission (SEC) Chairman Jay Clayton delivered a speech today to the Securities Regulation Institute. While covering several topics, Chair Clayton hit upon the hot subject of initial coin offerings (ICO) and the swirling regulatory environment delivering a stern rebuke to market… Read More

SEC and CFTC Issue Joint Statement on Cryptocurrency Enforcement Actions

Following the announcement by the Commodity Futures Trading Commission (CFTC) that it had undertaken two enforcement actions against Bitcoin / virtual currency related fraud, the Securities and Exchange Commission (SEC) and CFTC issued a joint statement from SEC co-enforcement Directors Stephanie Avakian and Steven Peikin… Read More

The 2017 State of Regulation Crowdfunding: US Securities-based Crowdfunding under Title III of the JOBS Act

Recently, my company crafted a report for the US Securities and Exchange Commission that summarizes progress on Title III of the JOBS Act of 2012, also referred to Regulation Crowdfunding or Reg CF. This newest securities exemption was added to the options that smaller companies… Read More

Full Strength: Hester Peirce & Robert Jackson are Sworn in as SEC Commissioners

The Securities and Exchange Commission has finally filled the two vacant seats on the Commission as Hester M. Peirce and Robert J. Jackson were sworn in today by SEC Chairman Jay Clayton. Peirce and Jackson will join the other two Commissioners, Kara Stein and Michael… Read More

Punch TV Reg A+ Offer is Temporarily Suspended by SEC After Raising $3 Million

Punch TV, perhaps the first potential issuer to attempt to raise capital using updated rules under Reg A+, has had its offer suspended by the Securities and Exchange Commission (SEC). The administrative proceeding by the SEC follows an “Offer of Settlement” by Punch TV that… Read More

US Securities Regulations are in Need of a Blockchain Upgrade

Anytime I am around a securities attorney (which is quite often) inevitably the 33 Act or the 40 Act comes up in conversation. For normal people (non-attorneys) this legal speak can be confusing, riven by acronyms and stifled by dogma. Yet much of the regulatory… Read More

SEC Halts Trading of The Crypto Company on OTC Markets as Allegations of Share Price Manipulation Leveled by Feds

The Securities and Exchange Commission has filed an order to suspend the trading in shares of The Crypto Company (OTC Pink:CRCW). Shares in The Crypto Company had recently risen to over $640 per share. The 52 week low of shares in CRCW were $3.30 each…. Read More

Food for Thought: SEC Turns Up the Heat on Utility Token Sales

  This article is written by the authors solely in their personal capacities, and the views expressed are the authors’ own and do not necessarily reflect the views of their employer or any other person.  This article does not constitute, and should not be relied… Read More

SEC Chairman Jay Clayton Issues Statement on Initial Coin Offerings & Cryptocurrencies

In the wake of the SEC’s most recent enforcement action regarding an Initial Coin Offering (ICO) that failed to file for a securities exemption while the issuer, Munchee, clearly promoted the ability for token purchasers to seek an investment return on a “utility” token, SEC… Read More

Munchee Halted: SEC Shuts Down Initial Coin Offering as an Unregistered Security

The Securities and Exchange Commission (SEC) has shut down an Initial Coin Offering (ICO) as conducting an unregistered securities offering. This is the first time the SEC has has halted an ICO where there were no allegations of fraud representing a new shift in approach… Read More

Perkins Coie Law Firm Boosts Fintech Bench with SEC Attorney Hire

Perkins Coie, a law firm that is very active in the Fintech / Blockchain space, has announced the hiring of a former SEC attorney. Michael S. Didiuk has joined the firm’s Investment Management practice group as a partner in the San Francisco office where he… Read More

SEC Blockchain Panel at Berkeley: Still Plenty of Work as Regulators Figure Things Out

This past week, Blockchain at Berkeley was the host to an ICO Financing Conference. Participating at the event were representatives from the Securities and Exchange Commission (SEC). Blockchain at Berkeley is a student run, independent organization dedicated to the crypto and distributed ledger space. The… Read More

SEC Director of Corporation Finance Says More Enforcement Actions Coming for Initial Coin Offerings

Speaking at the annual SEC Forum on Small Business Capital Formation, William Hinman, Director of Division of Corporation Finance at the SEC, said there are more enforcement actions coming when it comes to Initial Coin Offerings (ICO). Hinman, a former Silicon Valley based corporate attorney, did… Read More

Priming the ICO Pump: Don’t Get Sucked In

If you’ve been under a rock for the last year or so, you might not know that “initial coin offerings” or ICOs are the hottest thing in the financial market today. As if the fact that the overwhelming majority of ICOs aren’t regulated in any… Read More

Should there be a Remediation Program for ICOs that Did Not File the Proper Securities Exemption ?

The Securities and Exchange Commission has messaged strongly their intent to enforce the need for Initial Coin Offerings to file for the appropriate exemption.  Yes. there is the ongoing debate as to when a digital token becomes a security but fairly recently Securities and Exchange… Read More