BitClave raised $25.5 million selling 9,500 investors (called it a fundraiser), incl. to US persons. Issuer was a US entity operating via Singapore PTE LTD. to be used to pay people to watch ads, ICO (July 25, 2017 (date of #TheDao rule 21 report!) -Nov 29, 2017)
CAT sold directly & distributed via bounty program. Sold 680mm CAT, held 1.32bil CAT. Issuer emphasized expectation that CAT would appreciate in value in WP, on social media channels, youtube. Issuer arranged for CAT to be listed on exchanges.
Later, business sued its cofounder & obtained a judgment after jury trial in the amount of ~$12.6mm. Bitclave announced it would not go forward with its business thereafter. Penatlies include disgorgement interest penalities, & Fair Fund (sec.gov/about/rulespra…) like #plexcorps
Issuer to liquidate assets to pay consented to penalities/disgorgement but can keep IP if they can fully pay from other assets; agree not to wind down volutnarily in Singapore until all assets liquidated to pay amounts due under order; notify exchanges to delist
Fair Fund intended to distribute funds to affected investors; also in this case charged with obtaining the 1.32billion to "enable the Fund Administrator to permanently disable such "
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New SEC Guidance clarifies that POW mining & some pooled mining are not securities. This is great....but its maybe not the big story. This guidance ALSO elaborates on a potential new taxonomy to be applied to digital assets & maybe some radical changes to the securities laws /1
including the creation of legal securities without law. Huh? Yep. Sound the alarm. Batten the hatches. It’s time for a thread /2
We saw in Cmmr. @HesterPeirce 's "There Must Be Some Way Out Of Here" that she was contemplating a 4 -part taxonomy to determine what's in and out of the scope of the federal securities laws, to wit: /3
On the #ETH declination letter () received by @Consensys. Declination letters are rare & to be savored. Congrats to the team behind this! But what does this mean for staking? For other POS systems and their assets? Time for some educated speculation /1
The letter indicates 2 things. 1. that the investigation captioned "In the Matter of Ethereum 2.0 (C-08950)" is "concluded," and that 2. the SEC "do[es] not intend to recommend an enforcement action [against Consensys] with respect to this investigation" These are both great /2
However (that's the fancy version of "but"), this does not mean that all questions as to staking are resolved, that all questions that may apply to other POS tokens are likewise off the table, that other investigations are not ongoing, /3
#Illinois Senate Bill SB1887 would drive out #blockchain#node operators, #miners, and #validators, waste judicial resources, and confuse existing law in a quixotic attempt to protect Illinois consumers. Let's examine the mess in a #thread:
as a preface, This is a stunning reverse course for a state that was previously pro -innovation. Instead we now get possibly the most unworkable state law related to #crypto and #blockchain I’ve ever seen. A shocking turn of events for the #tech community in #illinois /2
SB1887 focuses on consumer protection (this is GOOD). But, the manner in which it seeks to protect consumers is to require #node operators ##miners & #validators to do impossible things, or things that create for themselves new criminal & civil liability at pain of fines/ fees /3
CFTC brings first regulatory action against an alegal #DAO, charging #OokiDao with operating an unlicensed FCM; seeking disgorgement, restitution, civil moneyary penalties, trading and registration bans and injunctive relief. Lots to talk about here: /1 cftc.gov/PressRoom/Pres…
allegations in claim against Ooki #Dao characertize it as an "unincorporated association comprised of holder of Ooki Tokens" and legacy BZRX Tokens who have voted those tokens to govern (e.g. to modify, operate market and take other actions w/r/t the Oooki Protocol." /2
This a huge distinction. While the #DAO is itself a named party, it is unincorporated which leads to all sorts of material questions about who can be sued for what. In this case the complaint makes clear that the Dao is those who (a) have tokens and (b) have voted to govern. /3
Important questions for those who may have received blocked property in a #grief#spray#spam attack from blocked #tornadocash#ETH addrsses remain unanswered. #OFAC may give clarity in an FAQ; are a few questions that would be helpful for OFAC to address.1st some background/1
By now all of #crypto knows that #OFAC sanctioned #ETH & #USDC addresses related to #Tornadocash and service providers and many #crypto users are struggling to adapt. Why? /2
We’re dealing with a law designed to regulate legal people & entities, &their property, not quasi-autonomous code used by third parties to transact third party assets to others. Arguably the designation exceeds #OFAC’s statutory authority. That’s an argument for another day. /3
#Dao is another word the #crypto industry uses for ...well... anything. Here's a proposed taxonomy to clarify what we mean when we say #Dao: (a quickie sunday am #thread): /1
@VitalikButerin's seminal work discussing the types of human/tech hybrid ventures that may/will be created using censorship resistant technology tools remains the first stop for this discussion: (blog.ethereum.org/2014/05/06/dao…) /2
@vitalik observes that a #DAO "has the murkiest definition of all... it is an entity that lives on the internet and exists autonomously, but also heavily relies on hiring individuals to perform certain tasks that the automaton itself cannot do." /3