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Framework for “Investment Contract” Analysis of Digital Assets [1] I Introduction If you are considering an Initial Coin Offering, sometimes referred to as an "ICO," or otherwise engaging in the offer, sale, or distribution of a digital asset, [2] you need to consider whether the U S federal securities laws apply A threshold issue is whether the digital asset is a "security" under those laws [3] The term "security" includes an "investment contract
Cyber, Crypto Assets and Emerging Technology - SEC. gov The SEC is dedicated to protecting investors in crypto markets and from cyber-related threats The SEC's Crypto Task Force seeks to help the Commission provide clarity on the application of the federal securities laws to the crypto asset market, and seeks to recommend practical policy measures that aim to foster innovation and protect investors The SEC’s Office of Strategic Hub for
Company Settles Unregistered ICO Charges After Self-Reporting to SEC The Securities and Exchange Commission today charged Gladius Network LLC with conducting an unregistered initial coin offering (ICO), which the company self-reported to the SEC According to the SEC’s order, Gladius conducted an ICO in late 2017, after the Commission had warned in its DAO Report of Investigation that ICOs can be securities offerings Gladius, a Washington, DC-based company
SEC Halts Fraudulent Scheme Involving Unregistered ICO The Securities and Exchange Commission today charged two co-founders of a purported financial services start-up with orchestrating a fraudulent initial coin offering (ICO) that raised more than $32 million from thousands of investors last year Criminal authorities separately charged and arrested both defendants
Two ICO Issuers Settle SEC Registration Charges, Agree to Register . . . The Securities and Exchange Commission today announced settled charges against two companies that sold digital tokens in initial coin offerings (ICOs) These are the Commission’s first cases imposing civil penalties solely for ICO securities offering registration violations Both companies have agreed to return funds to harmed investors, register the tokens as securities, file periodic
SEC Charges ICO Issuer and Founder with Defrauding Investors The SEC also alleges that Crowd Machine and Sproule did not register their offers and sales of CMCT tokens with the Commission and knowingly sold CMCTs to “ICO pools”—groups of investors, including individuals in the U S —without determining whether the underlying investors were accredited
Statement on Cryptocurrencies and Initial Coin Offerings This statement provides my general views on the cryptocurrency and ICO markets [1] and is directed principally to two groups: “Main Street” investors, and Market professionals – including, for example, broker-dealers, investment advisers, exchanges, lawyers and accountants – whose actions impact Main Street investors
ICO Issuer Settles SEC Registration Charges, Agrees to Return Funds and . . . The Securities and Exchange Commission today announced settled charges against blockchain technology startup Enigma MPC for conducting an unregistered offering of securities in the form of an initial coin offering (ICO) Enigma, based in San Francisco and Israel, has agreed to return funds to harmed investors via a claims process, register its tokens as securities, file periodic reports with
UK ICO Provides Clarity Regarding Transfers of Personal Data to the SEC The ICO’s letter clarifies that the UK GDPR permits UK firms’ transfers of personal data to the SEC directly in connection with, among other things: (1) the SEC’s evaluation of the firms’ compliance with legal obligations in the United States, including during an examination; and (2) the SEC’s efforts to prevent and enforce against