Tagged: seward and kissel

Experts Comment on New CFPB Open Banking Rules

  The Consumer Financial Protection Bureau (CFPB) released final Open Banking rules today. The new rules impact banks, brokerages and more, and go into effect over the next few years. Open Banking or Open Finance addresses the topic of data generated or provided by consumers… Read More

Law Firm: the SEC Lost in Battle with Ripple

Last week, it was reported that Ripple had paid a $125 million penalty to settle an enforcement case brought by the Securities and Exchange Commission (SEC). Ripple, the issuer of XRP, was found guilty of selling unregistered securities, but the penalty was far smaller than… Read More

Fintech Legal Expert Comments on CFPB’s Push to Regulate Big Tech and Fintech

Last week, the Consumer Financial Protection Bureau (CFPB) proposed rules to regulate Big Tech and their Fintech services. The CFPB is targeting firms like Facebook, Google, Amazon, Apple, and others. According to the statement issued by the CFPB, the agency seeks to regulated digital wallets… Read More

New York State Department of Financial Services Provides Guidance on Virtual Currency, Makes Recommendations for Coin Listing

The New York State Department of Financial Services (NYDFS) has published “guidance” for the US digital asset industry building upon its already widely utilized Bit Licence rules. Superintendent Adrienne A. Harris issued a statement explaining her goal of prioritizing regulations for “virtual currency policy” to… Read More

SEC to Appeal Ripple-XRP Decision: If the appeals Court Adopts the decision it could “put a big hole” in its case against Coinbase

As the crypto-sphere knows, last month Ripple/XRP received a partial victory against the Securities and Exchange Commission (SEC) in a court decision that determined that people who bought XRP could not reasonably expect Ripple to act to increase the price of XRP and the sales… Read More

Silvergate Halts its Silvergate Exchange Network (SEN) for Crypto

Silvergate (NYSE:SI) has halted its Silvergate Exchange Network (SEN), an API service for banking customers to allow 24/7/365 real-time transfers for institutional investors active in the digital asset sector. Silvergate said it was making a “risk-based decision to discontinue the SEN,” adding that all other… Read More

Philip Moustakis Made Partner at Seward & Kissel

Philip Moustakis, has been made a Partner at the global law firm of Seward & Kissel. Moustakis was previously counsel practicing in the firm’s Government Enforcement & Internal Investigations Group and Blockchain & Cryptocurrency Group. He joined the firm in 2019 and is a regular… Read More

Former SEC Enforcement Attorney: Following FTX Debacle, the SEC Won’t Want to be Late to the Party Again

  The trifecta of legal action against Sam Bankman-Fried and the failure of FTX blossomed this past week as the US Attorney for the Southern District of New York filed criminal charges against Bankman-Fried. These charges were joined by civil charges filed by both the… Read More

Former SEC Counsel on FTX Failure: “We are talking about fraud with a capital F”

The bankruptcy of FTX and many of its affiliated entities have pummeled all crypto markets. Many observers wonder if there is another shoe to drop. Meanwhile, crypto-associated firms continue to make announcements regarding any impact the collapse of crypto may have on their operations. It… Read More

CrossTower Still Interested in Buying Voyager Digital Assets, Lawyer Reveals

Virtual currency trading company CrossTower continues to pursue a potential deal to acquire the assets of the once-leading and now-bankrupt Voyager Digital Ltd. out of bankruptcy, a lawyer for CrossTower noted at a court hearing on Wednesday (October 19, 2022). John Ashmead, CrossTower’s lawyer, a… Read More

Last Week, Bittrex Was Penalized by the US Department of Treasury. Will More Crypto Trading Platforms Receive Similar Treatment?

Last week, it was reported that Bittrex was the target of an enforcement action emanating from the US Department of Treasury. Two divisions at Treasury, the Office of Foreign Assets Control (OFAC) and The Financial Crimes Enforcement Network (FinCEN) announced enforcement actions. The crypto trading… Read More

Legal: Top Attorneys Comment on Kim Kardashian’s Crypto Promotion Penalty Courtesy of the SEC

Yesterday, as was widely reported, well-known celebrity and influencer Kim Kardashian settled an enforcement action brought by the Securities and Exchange Commission (SEC). The infraction had to do with an Instagram post for EthereumMAX, the issuer of the EMAX token. The post, which was tagged… Read More

Brother of Former Coinbase Product Manager Admits to Wire Fraud in Plot to Commit Insider Trading as SEC Pushes All Crypto Assets are Securities Opinion

On Monday, the US Department of Justice announced it had received a guilty plea from the “first-ever cryptocurrency insider trading case.” Originally covered this past July, the Securities and Exchange Commission (SEC) simultaneously filed insider trading charges along with the U.S. Attorney’s Office for the… Read More

Sotheby’s First NFTs Sold on Nifty Supported by Seward & Kissel

Sotheby’s first NFT [non-fungible token] sale completed yesterday.  The digital artist known as Pak sold multiple NFTs for almost $17 million. Hosted on Gemini’s Nifty Gateway, the sale allowed collectors to bid on NFTs for limited-edition artworks in “The Fungible Collection” and open edition artworks… Read More

CFTC Action Will Have Big Impact on Crypto Exchanges: Attorney Warns Crypto Exchanges that Regulator is Not Afraid to Pursue Big Market Participants

Last week, BitMEX (Bitcoin Mercantile Exchange), a top crypto/crypto-derivatives exchange that is operated by HDR Global Trading Limited, a Republic of Seychelles incorporated entity, was hit with a civil enforcement action emanating from the Commodity Futures Trading Future Commission (CFTC). Simultaneously, a criminal lawsuit by… Read More

Former SEC Senior Counsel Comments on Kik Ruling: Kik Could Have Benefited From Traditional Capital Markets Lawyer

This past week, Kik, a company that raised over $100 million in an initial coin offering (ICO), lost a long legal battle with the Securities and Exchange Commission (SEC). The courts determined that Kik had raised capital in an unregistered securities offering thus transgressing securities… Read More

OCC Crypto Guidance Used to Assure National Banks as Certain States Move Aggressively into Digital Assets

Earlier this week, the Office of the Comptroller of the Currency (OCC) – the leading national bank regulator, provided guidance on banks and stablecoins. The guidance was designed to provide “greater regulatory certainty for banks” operating in this sector. Stablecoins are digital assets typically tied… Read More

The Office of the Comptroller of the Currency Clarifies Banks Ability to Serve Crypto Firms. What Does this Mean for Digital Asset Businesses?

Recently, the Office of the Comptroller of the Currency (OCC) posted a letter clarifying national banks’ and federal savings associations’ authority to provide cryptocurrency custody services for customers. Although recently we have seen improvements in banks providing services to crypto firms, many digital asset service providers… Read More

Former SEC Enforcement Attorney Philip Moustakis Comments on Telegram Decision to Abandon Token Offering: Facts & Circumstances Rule

Earlier this week, it was reported that Telegram has decided to abandon its initiative to launch a blockchain platform called TON (Telegram Open Network) and a cryptocurrency named Gram. The decision was the direct result of an ongoing enforcement action launched by the US Securities… Read More

Former Member of SEC’s Cyber Unit Comments on Telegram Enforcement Action: Did Telegram Fully Comply with Reg D?

Telegram, issuer of one of the highest-profile token offerings of all time that raised $1.7 billion, is in the midst of a protracted legal battle with the Securities and Exchange Commission (SEC). Last October, the SEC filed an emergency action and obtained a temporary restraining… Read More

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