Regulation
Elon Musk Under Fire As US SEC Moves For Sanctions In Twitter Probe
The U.S. Securities and Exchange Commission (SEC) has intensified its legal battle against Elon Musk, Tesla CEO and SpaceX, by seeking sanctions after he failed to appear for court-ordered testimony related to the agency’s investigation into his $44 billion acquisition of Twitter, now rebranded as X. The SEC’s actions could have serious legal ramifications for Musk, including potential civil penalties or further court orders.
Elon Musk Under Fire As US SEC Moves For Sanctions
The SEC has requested that a federal court issue an order compelling Musk to explain why he should not be held in civil contempt. According to a recent court filing, Musk informed the SEC only three hours before the scheduled hearing on September 10 that he would not attend, citing an emergency.
Subsequently, the SEC stated that Musk’s actions violated a May 31 court order that mandated his testimony, describing his last-minute decision as an attempt to evade legal obligations.
The Tesla CEO’s absence on the day of his testimony, as he traveled to Florida for a SpaceX launch, has drawn accusations of deliberate gamesmanship from SEC lawyer Robin Andrews, who argued that the court must put an end to such delay tactics. The SEC has not commented further on the matter, but it is clear the agency is prepared to escalate its enforcement actions if Musk continues to disregard court orders.
Potential Legal Consequences Including Arrest
While the SEC is currently seeking civil sanctions, Musk’s ongoing legal disputes have fueled speculation about more severe consequences, including the potential for his arrest if he continues to defy court orders. Legal experts suggest that if Musk is found in contempt of court and fails to comply with subsequent legal mandates, a judge could issue a warrant for his arrest as a means to compel compliance.
Elon Musk’s refusal to cooperate fully with SEC investigations has led to broader concerns about his legal exposure, particularly given his high-profile position and frequent clashes with regulators. Although arrest is typically a last resort, the court could take this step if Musk’s actions are deemed egregious enough to warrant such measures.
Amid the ongoing legal troubles, a recent discussion on X (formerly Twitter) has sparked further speculation about Musk’s future legal challenges. According to a CoinGape report, if Kamala Harris and her running mate Tim Walz win the 2024 U.S. presidential election, their first move would be to ban Musk’s social media platform, X, and arrest Musk himself.
Ongoing SEC Investigation into Musk’s Twitter Purchase
The SEC’s investigation into Musk’s acquisition of Twitter has been underway for nearly a year, focusing on potential securities law violations surrounding the purchase. Musk has repeatedly criticized the SEC’s actions, accusing the agency of targeting him unfairly and using legal means to harass him. In October 2023, the SEC sued Elon Musk after he missed a scheduled interview, seeking to compel his testimony regarding the takeover.
The Tesla CEO’s legal team argues that his failure to appear was due to unforeseen circumstances, with his attorney Alex Spiro stating that the incident was beyond Musk’s control. Nevertheless, the SEC views these repeated absences as part of a broader pattern of non-compliance and delay tactics that undermine the regulatory process.
Elon Musk’s latest clash with the SEC adds to a series of ongoing legal battles with regulators both in the United States and internationally. His company, X, recently avoided stringent rules under the European Union’s Digital Markets Act but continues to face scrutiny over content moderation and misinformation issues. Additionally, Musk has previously faced legal action from the SEC, including a 2018 settlement requiring him to have legal oversight of his public statements about Tesla.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
New York man to pay $36 million for forex and crypto fraud
- Federal court ordered William Koo Ichioka to pay $31 million in restitution and $5 million in monetary penalty.
- The New York resident was charged and ordered to pay the total $36 million for defrauding victims in a forex and crypto scheme.
A New York man is to pay a total of $36 million for defrauding victims in a scheme involving forex and crypto.
In a press release on Sept. 20, the CFTC said William Koo Ichioka, formerly of San Francisco, will pay $31 million in restitution to the victims of his fraudulent scheme and $5 million in civil monetary penalty.
The fine was handed by Judge Vince Chhabria of the U.S. District Court for the Northern District of California in an order given on Sept. 19.
CFTC filed charges against Ichioka in June 2023
The CFTC filed a civil enforcement action against Ichioka in June 2023. The charges involved the fraudulent soliciting and stealing over $21 million from more than 100 commodity pool participants. Ichioka admitted to the charges and agreed to an order of judgment.
Allegations against Ichioka related to a scheme from 2018 that lied to unsuspecting participants in investment funds.
The individual claimed investors would get a 10% return on their funds every 30 days. However, this did not happen and Ichioka commingled funds from victims with his own money, using these funds on personal expenses such as rent, jewelry and luxury vehicles.
“To conceal his fraudulent activity, Ichioka overstated the value of assets he held by generating false financial documents and presenting false account statements to participants,” CFTC noted in the press release.
Parallel criminal case
Ichioka also pleaded guilty to charges filed by the Department of Justice in June 2023, with the case running parallel to the CFTC complaint. Charges included wire fraud, false tax returns and commodities fraud. For the five counts, the court sentenced Ichioka to 48 months in prison.
He also received a 5-year supervised release sentence. The court imposed a $5 million fine and $31,330,715.86 in restitution.
On August 14, 2023, the court ordered a permanent injunction and prohibited Ichioka from any future violations. He was also barred from trading in any CFTC-regulated markets or registering with the regulator.
According to the CFTC, that order and the monetary penalty mark the end of CFTC’s enforcement action against the New York resident.
Regulation
CFTC Appeals Decision Favoring Kalshi On Election Betting Contracts
The U.S. Commodity Futures Trading Commission (CFTC) is challenging a recent court decision that would allow prediction market platform Kalshi to offer contracts related to U.S. election outcomes. The ongoing legal battle has raised concerns about the integrity of election betting and the extent of the CFTC’s regulatory authority.
Court Hearing Pits CFTC Against Kalshi
At a hearing before the U.S. Court of Appeals for the District of Columbia Circuit, CFTC General Counsel Rob Schwartz and Kalshi’s counsel Yaakov Roth argued as to why the firm should be allowed to operate political prediction markets. The hearing was held after a district court decision that said the CFTC cannot stop it from offering contracts based on which party will control both the houses of the Congress.
Soon after the decision, the CFTC went for an application for a temporary stay which was granted by the appeals court.
Appeals court judge: “is there any evidence, as opposed to ‘reason to believe’ or hypothesizing … that short term manipulations of election betting markets do affect election process or outcome?”
CFTC gc: “I don’t have that.”Hearing in Kalshi case: https://t.co/2mPz6P2M7F
— m/arc 🧭 (@MarcHochstein) September 19, 2024
The three judges, Patricia Millett, Cornelia Pillard and Florence Pan, challenged both the arguments and appeared rather skeptical of the reasoning provided. The judges questioned the CFTC about its view on the Commodity Exchange Act, as well as the consequences of permitting the opportunity to place a bet on the electoral outcome.
Concerns Over Market Manipulation and Election Integrity
The U.S. Commodity Futures Trading Commission’s concerns included threats to market integrity and manipulation of election-related prediction markets. Schwartz pointed out that the political prediction markets are more susceptible to false information and manipulation as compared to other event markets.
He stated that permitting these contracts could lead to misperceptions among the public and thus erode the already weak confidence in the U. S. elections, particularly during a time when more citizens doubt the validity of the electoral system.
Schwartz also noted that while traditional futures contracts are based on factual and accurate information, political markets could be skewed by fake polls, fake news, and other agenda-driven media. He noted that the CFTC cannot adequately monitor these underlying events and therefore it remains challenging to promote fairness and transparency in the markets.
Kalshi Defends Market Viability and Regulatory Compliance
Kalshi’s attorney, Yaakov Roth, pushed back against the concerns surrounding Kalshi’s compliance measures, noting that regulated prediction markets are more transparent and provide more oversight than less regulated foreign platforms. Roth argued that markets that are supported by a robust and comprehensive legal regime are less likely to be manipulated than the unregulated foreign markets that Kalshi seeks to compete with, while operating in a regulated environment.
According to Roth, the firm has also incorporated ‘Know Your Customer’ measures to ascertain that only approved market players transact and recommended that there should be a local regulated market to overcome the dependency on overseas markets with less transparency. He maintained that permitting these regulated prediction markets would offer better protection to the participants and minimize the chances of distortion by foreign elements.
Hence, in the upcoming 2024 U. S. elections, the appeals court is expected to make a ruling as soon as possible. The CFTC has been working on a regulation that is likely to prohibit the trading on political events as the commission says that such contracts are detrimental to the public interest. Legal experts have argued that the courts or the legislature may have to step in and offer guidance on the future of election-related prediction markets.
CFTC Chairperson Rostin Behnam has also expressed concerns over the likelihood of the financial regulator being involved in election contracts, saying that such actions may be outside the scope of the agency.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
Coinbase CLO Debunks SEC Crypto Asset Security Claims Before Gensler Hearing
Coinbase CLO Paul Grewal and Ripple CLO have challenged the SEC’s terminology of “crypto asset security,” a term increasingly used by the regulatory agency. His criticism comes at a time when the SEC is under pressure for coming up with this term yet there is no law in the United States that supports it.
The issue has gained much attention especially given that the SEC Chair, Gary Gensler and all the five SEC Commissioners are expected to appear before the House Financial Services Committee in a hearing.
Coinbase CLO Questions SEC’s Use of “Crypto Asset Security”
Grewal posted on X to comment that the term “crypto asset security” is not uniform or well-established in the SEC enforcement measures. The Coinbase CLO also noted that the SEC has been inconsistent in its treatment of tokens as securities and as investment contracts in different legal contexts.
It’s also never been “consistently maintained” by @SECGov as it claims as referring to broader investment contract transactions. Again and again they’ve argued that these are the tokens themselves— exactly the opposite of what they’ve told a federal court. https://t.co/tUAzQCSa0W
— paulgrewal.eth (@iampaulgrewal) September 19, 2024
Such allegations come as Rep. Ritchie Torres, a New York Congressman, has made similar concerns earlier this month during a congressional hearing and challenged the SEC’sterminology.
The term ‘digital asset security’ or ‘crypto asset security’ is also not found in any law, regulation or Supreme Court judgement which adds to the criticism from the proponents of blockchain and lawmakers. Some of the legal scholars have also opined that the SEC made up the term without any statutory backing, including Daniel Gallagher, the Chief Legal Officer at Robinhood.
Ripple’s Legal Officer Joins the Criticism
Ripple CLO, Stuart Alderoty, also shared similar sentiments with the Coinbase CLO, saying that the SEC is taking advantage of the terminology used in the court. Alderoty noted that the SEC’s continued reference to “crypto asset security” in legal documents has begun to raise pushback.
For instance, the SEC recently apologized for using the term in the complaint against Binance, acknowledging that its use was misleading.
This critique comes at a time when Ripple is still in a legal tussle with the SEC over the status of XRP as a security. Alderoty argued that the SEC’s inconsistencies are eroding its capability to be convincing in the courts.
SEC Under Scrutiny Ahead of Congressional Testimony
Next week, all five SEC Commissioners, including Chair Gary Gensler, will testify before the House Financial Services Committee, which is the first time since 2019 when the whole commission will stand before Congress. This hearing comes in the backdrop of a growing sentiment among legislators and industry participants who have accused the SEC of having a hostile approach towards blockchain technology.
Some of the key concerns have been expressed by House Majority Whip Tom Emmer and Chairman Patrick McHenry regarding the SEC’s stance on regulating crypto airdrops that they consider crucial for decentralizing blockchain networks. Some of them directly accused the agency of brushing up the issues asserting that its regulation model inaptly fits the growing digital asset sector.
Apart from Coinbase CLO and Ripple CLO challenging the legal direction of the SEC, Gensler faces the probe over allegations of Illegal hiring at the company. This probe may complicate his upcoming hearings before the House Financial Services Committee where he is likely to face questions not only about the SEC’s stance to digital assets but also concerning the agency’s management.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
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