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SEC Creates Task Force to Fight Crypto and Securities Fraud

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2 months ago

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The Securities and Exchange Commission (SEC) has formed the Interagency Securities Council (ISC) with the participation of federal, state, and local regulatory and law enforcement agencies. The council seeks to tackle the growing sophistication of securities and crypto fraud by enhancing collaboration and information exchange among different organizations.

SEC Creates Task Force to Fight Fraud

The ISC will convene on a quarterly basis, with participants from over 100 departments and agencies, including federal, state including state attorneys general, state police, and local law enforcement. The focus is on the identification of new and current trends in scams, frauds, and the most suitable measures for preventing them.

Gurbir S. Grewal, Chair of the ISC and Director of the SEC’s Division of Enforcement, underlined that this initiative is crucial as it helps investigators stay up to date with emerging threats to communities related to securities fraud. According to the report, the SEC’s work on the ISC will be led by Adam Anicich and Manuel Vazquez.

Cristina Martin Firvida of the SEC’s Investor Advocate noted that this coordinated action helps investors because it shows that all levels of government can and should work together to share information to enhance investor protection.

The ISC is intended to facilitate communication and exchange of information with other law enforcement agencies that may not regularly encounter securities law violations, including local police departments and sheriff’s offices.

Focus on Crypto Asset Scams

The formation of the ISC comes in the wake of the SEC’s investor alert in May this year, where the SEC warned the public about the rising cases of fraudsters using cryptocurrency securities to rip off investors. Such scams have evolved over time due to the increased adoption of digital currencies, and fraudsters are using various tricks to deceive investors.

According to the SEC advisory, the fraudsters may reach the victims through social media or direct messages and pose as people who have investment tips or know the victim.

Similarly, these scammers often spend some time building a rapport with their victims before asking them to invest in fake securities projects and then disappearing with the money.

These criminals have been seen employing sophisticated methods including the use of Artificial Intelligence (AI). They set up fake websites and use deepfake technology to produce realistic audio and video messages of celebrities or politicians supporting the fake schemes. The SEC also pointed out that pump-and-dump schemes are becoming more rampant especially in low-quality or speculative coins, including memecoins whereby investors end up losing a lot of money.

Read Also: Telegram To Launch Web3-Enabled Mini App Store, Here’s All

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Kelvin is a distinguished writer specializing in crypto and finance, backed by a Bachelor’s in Actuarial Science. Recognized for incisive analysis and insightful content, he has an adept command of English and excels at thorough research and timely delivery.

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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Regulation

Pro-XRP Lawyer Deems SEC’s ‘Crypto Asset Securities’ Warning A Scam

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2 days ago

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September 13, 2024

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Pro-XRP lawyer Fred Rispoli has publicly criticized the U.S. Securities and Exchange Commission’s (SEC) latest investor alert, calling it misleading and suggesting it’s part of a larger scam. This comes amid backlash after the recent switch on the “crypto assets securities” stance.

SEC Attracts Backlash On ‘Crypto Asset Securities’ Saga

In a post on X, Rispoli deemed the investor alert to be a “scam” as the agency used the term “crypto assets securities.” He stated, “This post in and of itself is a scam as the SEC the same day swore to a federal judge that there is no such thing as ‘crypto asset securities.’” He also also mentioned that he had requested X Community Notes to be added to the SEC’s post.

The criticism comes as the SEC faces backlash over its sudden shift in stance on the classification of crypto assets. In a surprising move, the SEC recently filed a motion to amend its original complaint against Binance, Binance.US, and Changpeng Zhao.

In the amendment, the SEC now acknowledges that several major crypto tokens are not considered securities under its revised framework. These include Solana (SOL), Cardano (ADA), Polygon (MATIC), and other seven tokens.

The shift in stance follows a U.S. district court ruling in a related case against the crypto exchange Kraken, where the SEC’s previous broad definitions of crypto assets as securities were challenged. Hence, in its amended complaint, the SEC clarified that it uses the term “crypto asset securities” not to refer to the tokens themselves, but to the investment contracts and agreements tied to their sales.

The SEC stated in its filing: “As the SEC has consistently maintained since the very first crypto asset Howey case, the term is a shorthand reference… the security is not simply the [crypto asset], which is little more than an alphanumeric cryptographic sequence.”

eToro Settlement In Spotlight

Moreover, this change in stance has been met with strong reactions from the crypto community. Jake Chervinsky, Chief Legal Officer of Variant, expressed his frustration on X, saying:

“I genuinely can’t get over how insane this is. The SEC used the term ‘crypto asset securities’ eight times in the eToro settlement order they issued on THE SAME DAY they told a federal eToro settlement order that they wouldn’t use it to avoid confusion.”

Chervinsky’s comment reflects the growing confusion surrounding the SEC’s inconsistent language and its shifting position on crypto enforcement. Despite the SEC’s apparent shift in its legal stance, the regulatory body continues to warn investors about potential scams involving crypto assets.

In a recent investor alert, the SEC’s Office of Investor Education and Advocacy issued a warning about fraudsters exploiting the popularity of cryptocurrencies, coins, and tokens. The alert emphasizes that fraudsters often use new technologies to perpetrate investment scams and exploit the complexity of crypto assets to lure retail investors.

This alert also attracted criticism from FOX Business journalist Eleanor Terrett. She weighed in on the issue, noting, “Is now a good time to point out that the SEC is still using the term ‘crypto asset securities’ in its investor alert blasts?” Her comment underscores the ongoing use of the term despite the SEC’s legal assertion that it no longer applies to certain tokens.

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Kelvin Munene Murithi

Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.

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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Regulation

John Deaton Promises XRP Investors To Hold SEC Accountable

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2 days ago

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September 13, 2024

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Pro-XRP lawyer John Deaton has promised to hold the US Securities and Exchange Commission (SEC) accountable for the $15 billion loss that XRP investors suffered due to the SEC’s Ripple lawsuit. The legal expert, who is contesting against Senator Elizabeth Warren, famous for her anti-crypto stance, intends to fulfill this promise when he gets elected to the Senate. The lawyer has already outlined some of the ways which he intends to hold the Commission accountable.

John Deaton Promises To Hold The SEC Accountable

In an X post, The pro-XRP lawyer promised to hold the SEC accountable for the 75,000 small XRP investors he represented in the SEC’s case against Ripple. The legal expert added that he isn’t willing to accept an apology from the Commission. Instead, he plans to hold people at the SEC accountable when he gets to the Senate since Senator Warren won’t do it. Specifically, the lawyer claimed these small investors lost over $15 billion thanks to the “SEC’s misconduct and gross overreach.”

The Senatorial candidate highlighted how the federal court declared that the Commission’s lawyers lacked “faithful allegiance to the law” and were only concerned about winning the suit against Ripple rather than protecting investors, which they are mandated to do. The lawyer also noted how he fought to protect these investors and did it for free.

John Deaton acted as amicus counsel for these investors, considering their interest in the Ripple lawsuit. The lawsuit is believed to have stifled XRP’s price, especially when it was instituted in 2020, just around the time of the 2021 bull market, preventing these investors from enjoying their desired profits from the crypto.

In trying to protect these investors in the early stages of the Ripple lawsuit, John Deaton revealed that he had filed a Writ of Mandamus against the SEC, stating that the Commission had violated 75 years of legal precedent by claiming that XRP was a security. He argued that the underlying asset could not have been a security even if it was sold as an investment contract.

The court eventually adopted Deaton’s reasoning as Judge Analisa Torres gave a landmark ruling in the case in 2023 that XRP wasn’t a security in itself, even if Ripple’s XRP sales were investment contracts.

Senator Warren Failed To Act In The Ripple Case

John Deaton also revealed that Senator Warren failed to act in the XRP lawsuit despite 627 token holders he represented living in Massachusetts, the area she represents in the Senate. The lawyer added that he specifically reached out to Warren back then because she was also a member of the banking committee overseeing the SEC. However, she did nothing despite his calls for her to act. Warren and SEC chair Gary Gensler have earned a reputation for their public anti-crypto stance. As such, her failure to defend these token holders might not surprise many.

As part of his efforts to hold the Commission accountable, Deaton unveiled two bills he intends to push when he gets to the Senate. The first would focus on exposing regulatory capture within the SEC. Meanwhile, the second bill will propose that a 3-5 year statutory bar should be placed on preventing regulators from working in an industry that was under their purview in their regulatory capacity.

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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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Will Kraken’s Jury Trial Request Tilt SEC Crypto Crackdown?

Published

3 days ago

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September 13, 2024

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Kraken has officially requested a jury trial in its ongoing legal battle against the U.S. Securities and Exchange Commission (SEC). The request was made after a U.S. district court in California ruled that the lawsuit, which alleges the exchange operated as an unregistered securities exchange, broker, and clearing agent, would proceed to trial. This decision mirrors outcomes in similar cases against other major crypto exchanges such as Binance and Coinbase.

Kraken Requests Jury Trial in SEC Litigation

In a recent court filing, Kraken formally demanded a jury trial to contest the allegations brought forward by the US SEC. The exchange has denied all claims of illegal conduct, asserting that it has not engaged in activities that would classify it as a securities exchange, broker, or clearing agent under existing federal laws. 

This request for a jury trial comes after the court denied Kraken’s motion to dismiss the lawsuit in August. The firm aims to present its case before a panel of peers, seeking a fair evaluation of its defenses.

More so, this decision highlights the broader tension between cryptocurrency platforms and regulatory bodies.

Kraken’s Defense Arguments Against SEC

Kraken has presented several defenses in response to the U.S. Securities and Exchange Commission lawsuit. The company emphasizes that the digital assets listed on its platform do not qualify as securities.

Furthermore, the exchange maintains that it was not required to register with the US SEC. It argues that it does not meet the definitions of a broker or clearinghouse as outlined in the Securities Act and the Exchange Act.

The crypto platform also contends that the U.S. Securities and Exchange Commission lacks the authority to regulate its operations. It asserts that the digital assets themselves do not carry the obligations typical to traditional financial securities.

Additionally, the firm has accused the SEC of acting without due process and fair notice, suggesting that the regulatory actions were taken in violation of the First Amendment. The exchange maintains that the terms used by the SEC, such as “crypto asset securities” are ambiguous and lack clear definitions, making it difficult to comply with crypto regulations effectively.

Industry Reactions and Regulatory Clarifications

The SEC has faced criticism from various crypto firms for using vague terminology to justify its securities violation charges. Though not a direct response to Kraken’s filing, the regulatory body clarified its stance in its amended complaint against Binance, stating that “crypto asset securities” do not refer to the crypto assets themselves. 

This clarification was met with skepticism by industry leaders, including Ripple’s chief legal officer Stuart Alderoty. Stuart criticized the U.S. Securities and Exchange Commission for creating confusion with inconsistent terminology.

However, the SEC continues to pursue its enforcement strategy, asserting that these tokens are sold as investment contracts in secondary markets. Coinbase’s chief legal officer, Paul Grewal, highlighted the SEC’s ongoing challenges in defining and regulating digital assets. He indicated that the crackdown on major exchanges is likely to persist.

Kraken continues to face legal hurdles beyond the United States. Recently, Australia’s Federal Court ruled that the firm’s fiat margin extensions are regulated, but its crypto margin extensions are not.

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Ronny Mugendi is a seasoned crypto journalist with four years of professional experience, having contributed significantly to various media outlets on cryptocurrency trends and technologies. His work includes notable contributions to Cryptopolitan and Coingape News Media, where he shares his insights on the latest developments in the cryptocurrency market. Outside of his journalism career, Ronny enjoys the thrill of bike riding, exploring new trails and landscapes.

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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