Posts Categorized: Cryptocurrencies

SEC Rejects NYSE Listing of Bitcoin Trust

On February 26, 2020, the Securities and Exchange Commission (the “SEC”) published a notice of its disapproval of the application by the New York Stock Exchange (NYSE Arca, Inc. or “NYSE Arca”) to amend its rules to allow it to list and trade shares of the United States Bitcoin and Treasury Investment Trust.   Among… Read more »

CFTC, FinCen and SEC Joint “Reminder” to Cryptocurrency World of AML Requirements

On October 11, 2019, the Commodity Futures Trading Commission (the “CFTC”), the Financial Crimes Enforcement Network (“FinCen”) of the U.S. Treasury and the Securities and Exchange Commission (the “SEC”) issued a joint statement reminding “persons engaged in activities involving digital assets of  their anti-money laundering and countering of financing of terrorism (“AML/CFT”) obligations under the… Read more »

N.Y. Department of Financial Services Grants More Cryptocurrency Licenses

On July 15, 2019, the N.Y. Department of Financial Services (the “DFS”) announced that it granted virtual currency licenses to two subsidiaries of Seed CX Ltd. as part of its supervisory authority under the so-called “Bitlicense Law“, bringing the total to four since DFS Superintendent Linda Lacewell became head in February.  Seed Digital Commodities Market… Read more »

SEC Claims ICO Is Unregistered Securities Offering

On June 4, 2019, the Securities and Exchange Commission (the “SEC”) filed a claim in the District Court for the Southern District of New York alleging that the Initial Coin Offering (the “ICO”) of Kik Interactive Inc. (“Kik”) was an illegal unregistered securities offering.  From May 2017 to September 2017, Kik raised about $100 million through… Read more »

FinCEN Imposes Fine for Failure to Register as Money Services Business Under Bank Secrecy Act

On April 18, 2019, the Financial Crimes Enforcement Network (“FinCEN”) imposed a $35,350 civil money penalty on Eric Powers for failure to register as a Money Services Business under the Bank Secrecy Act.  Mr. Powers was a peer-to-peer exchanger of bitcoin, a digital currency, for nearly two years.  FinCEN has taken the position that such… Read more »

SEC Framework for Analysis of Digital Assets; No-Action Relief for Certain Tokens

On April 3, 2019, the Securities and Exchange Commission (the “SEC”) staff released a “Framework for ‘Investment Contract’ Analysis of Digital Assets” setting forth its current approach to determining when a digital asset is a security and when it is not.  The Framework does not add significantly to the SEC’s prior actions and statements in… Read more »

SEC Cease and Desist Against Alleged Unlicensed Cryptocurrency Exchange

On November 8, 2018, the Securities and Exchange Commission (the “SEC”) published a press release announcing that it had settled its first cease and desist enforcement action concerning a cryptocurrency trading platform, against Zachary Coburn, the founder of EtherDelta.  The SEC has alleged that EtherDelta was an unregistered national securities exchange in that it provided a… Read more »

SEC Acts Against Cryptocurrency Companies

On October 11, 2018, Securities and Exchange Commission (the “SEC”), the SEC issued a press release announcing that it had obtained an emergency court order to stop an Initial Coin Offering (an “ICO”) by Blockvest LLC and its founder, Reginald Buddy Ringgold, III. Among other things, the company claimed that the ICO had been approved by the… Read more »