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SEC Director Vows ‘More Substantial’ Enforcement Against Illegal ICOs

SEC Director Vows ‘More Substantial’ Enforcement Against Illegal ICOs


U.S. Securities and Exchange Commission (SEC)
 
co-director of enforcement Stephanie Avakian mentioned in a Sept. 20 speech that the regulatory agency is most likely going to recommend “more substantial remedies” against those who fail to follow proper initial coin offering (ICO) registration requirements in the future

According to a transcript of the speech posted on the SEC’s website, Avakian articulated the specific set of principals that guide the agency’s decision-making when it comes to regulation, and then delved into how the SEC was tackling in “misconduct” in the ICO and virtual asset space.

Balancing The Risks and Rewards of ICOs

In the speech, Avarkian mentioned that the “novelty of ICOs” and the possible “utility of the underlying blockchain” makes these types of offerings exciting for certain investors. However, she noted  the market “exuberance” for ICOs can mask the reality that they are “often high-risk investments,” since they could lack viable products, have flawed business models, or just simply be “outright frauds.” According to Avarkian, the SEC has tried to be cognizant about how to deal with ICOs registration cases that are not fraudulent. The agency wants to affirm valid ways to raise money while still making sure investors can enjoy the legal protections already in place.

She noted that the agency has issued a number of public statements to inform investors about concerning activity in the ICO space, particularity highlighting one last November that discussed the rise in ICO promotion by celebrities and other public figures. Avarkian said the “anecdotal evidence” in the wake of the announcement pointed to a “dramatic decline” in the amount of celebrity-endorsed ICOs. Overall, Avarkian said any issues related to ICOs and cryptoassets must be in the crosshairs of the Division of Enforcement, and pointed out that current work related to the space and other cyber-related issues was already “paying dividends.”

Staying Active On The Cryptocurrency Front

The recent speech by Stephanie Avakian seemingly caps off what has been a busy week for the SEC when it comes to virtual currency. The regulatory agency also said on Thursday that they are starting a formal review process for the bitcoin ETF proposed by VanEck and SolidX. The proposed ETF has made headlines since it would hold actual vitcoin in lieu of virtual currency futures contracts, and would maintain “comprehensive insurance” to safeguard investors against loss or theft of the bitcoin.

Just a couple of days before, SEC Commissioner Hester Peirce, often referred to as “CryptoMom,” asserted that the government should not hold back new products from coming out in the cryptocurrency market due to the perceived weaknesses associated with bitcoin.

Article Produced By
ICO News

https://www.ccn.com/sec-director-vows-more-substantial-enforcement-against-illegal-icos/

David https://markethive.com/david-ogden

China’s Central Bank Warns Investors of ICO, Crypto Risks

China's Central Bank Warns Investors of ICO, Crypto Risks

China’s central bank, the People’s Bank of China (PBoC),

has today, September 18, issued a new public notice “reminding” investors of the risks associated with Initial Coin Offerings (ICOs) and crypto trading. The notice, released from the bank’s headquarters in Shanghai, reiterates the severe line that has been adopted by the country’s Office for Special Remediation of Internet Financial Risks, which first introduced a blanket ban on ICOs in September 2017. Today’s notice censures the “unauthorized” and “illegal” ICO financing model for posing a “serious disruption” to the “economic, financial and

social order”:

“[ICOs are] suspected of illegally selling tokens, illegally issuing securities, illegal criminal activities, financial fraud, pyramid schemes and other illegal and criminal activities.”

The PBoC has today hailed the successes of the country’s stringent restrictions that have targeted ICOs and a broad spectrum of crypto-related activities to date,

claiming that:

“[T]he global share of domestic virtual currency transactions has dropped from the initial 90% to less than 5%, effectively avoiding the virtual currency bubble caused by skyrocketing global virtual currency prices in the second half of last year in China’s financial market. The impact has been highly recognized by the community.”

Nonetheless, the bank recognizes that several challenges remain, notably the prevalence of offshore exchanges that are used by investors to circumvent the mainland ban. The PBoC notes that the Office for Special Remediation of Internet Financial Risks has now adopted a series of targeted measures, including blocking up to 124 IP address suspected of providing a gateway to domestic crypto traders.  

It further points to redoubled efforts to “clean-up” payment channels and strengthen monitoring and inspection mechanisms, noting that around 3,000 accounts have already been closed as a result of increased oversight. Lastly the notice outlines recent measures undertaken to counter the circulation of crypto “hype” materials. As previously reported, on August 25 the PBoC had already issued a fresh risk alert against “illegal” ICOs, warning that blockchain and the idea of “financial innovation” are being used to lure investors as a “gimmick” that conceals essentially fraudulent Ponzi schemes.

This summer has seen an onslaught of toughened anti-crypto measures from Beijing, which have included a ban on commercial venues from hosting crypto-related events in certain districts. Alongside ‘offline’ measures, China’s tech titans – Chinese ‘Google’ Baidu, Alipay’s Alibaba and WeChat-developer Tencent – have all tightened their monitoring and acted to ban accounts suspected of engaging in or propagating crypto and even blockchain related activities.

Article Produced By
Marie Huillet

Marie Huillet is an independent filmmaker, with a background in journalism and publishing. Nomadic by nature, she’s lived in five different countries this decade. She’s fascinated by Blockchain technologies’ potential to reshape all aspects of our lives.

https://cointelegraph.com/news/not-high-performance-tradeshift-ceo-prudent-on-blockchain-supply-chain-potential

David https://markethive.com/david-ogden

Federal Judge Applies Long-Established Securities Law to ICOs

Federal Judge Applies Long-Established Securities Law to ICOs

Federal Judge Applies Long-Established Securities Law to ICOs

Does a decades-old securities law apply to an initial coin offering (ICO)? In a case that represents the first time securities laws have been applied to cryptocurrencies, a district judge says it may. On September 11, 2018, in a district courthouse in Brooklyn, New York, Judge Raymond Dearie ruled that two ICOs were securities, based on established laws that govern the financial instruments. His decision does not imply that all ICOs are securities, but that simply calling a token a “currency” does not preclude it from being classified as a security.  

Turning back a few pages, in October 2017, businessman Maksim Zaslavskiy was accused of misleading investors in two separate ICOs. He raised about $300,000 in a cryptocurrency called REcoin, which he claimed was backed by real estate, and a cryptocurrency called Diamond, which he claimed was backed by diamonds. In truth, no real estate nor diamonds backed either of the coins, and Zaslavskiy was charged in a criminal complaint with conspiracy and two counts of securities fraud — charges that carry up to five years in jail and a fine. Zaslavskiy moved to have the charges dismissed. He argued that his ICOs were not securities, but “the exchange of one currency for another,” and that securities laws are too “unconstitutionally vague” to be applied to his case. 

Cornell law professor Robert Hockett calls the insistence that the laws are vague a “Hail Mary.” “It is a fallback argument,” he told Bitcoin Magazine. “At first the defendant says the law is clear in that it clearly does not apply, but then he effectively says, ‘I have no way of knowing what I can do because the law is unclear.’” Judge Dearie found the laws clear enough. He pointed out that laws are meant to be interpreted flexibly. He then went on to determine that the two ICOs in question were “investment contracts” by applying the Securities Exchange Act of 1934, one of the most important pieces of legislation governing securities, and the Howey Test, a checklist regulators use to determine if an asset is a security.

Specifically, the Howey Test determines that a transaction represents an investment contract if "a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party." According to case documents, Judge Dearie found that REcoin and Diamond investors “undoubtedly expected to receive profits in their investments.” In his arguments, Judge Dearie also referenced the DAO Report, an investigative report issued by the U.S. Securities and Exchange Commission (SEC) in July 2017 claiming that tokens sold on an Ethereum-based investment fund were securities, and public statements made by SEC Chairman Jay Clayton on cryptocurrencies and ICOs in December 2017. At that time, Clayton noted that “simply calling something a ‘currency’ or a currency-based product does not mean that it is not a security.”

“Combined with statements the SEC chairman made previously, yesterday’s decision lends further credence to what many of us believe, which is that offered coins will count as investment contracts and hence securities,” said Hockett. “The SEC has made noises that ICOs were securities, but up until now, there has been no official legal ruling declaring they were.” The case still has to go to trial and, ultimately, it will be up to a jury to decide whether the ICO in question was a security. Still, Hockett said: “I really doubt an appellate court will overturn the district court’s ruling.”  

ICOs have been a major source of controversy in the crypto space. So far, about $20 billion has been raised in ICOs, most of that in the last two years. In a talk at MIT in April 2018, Gary Gensler, former chairman of the Commodity and Futures Trading Commission (CFTC), another regulatory body that has weighed in on ICOs, noted “significant noncompliance” with securities laws in the cryptocurrency space. “Many initial coin offerings, probably well over a thousand, many crypto exchanges, probably 100 to 200, are basically operating outside of U.S. law,” he said.

Article Produced By
Amy Castor

David https://markethive.com/david-ogden

U.S. Judge Rules That ICOs are Covered by Securities Laws

U.S. Judge Rules That ICOs are Covered by Securities Laws


A U.S. District Judge in Brooklyn has delivered a landmark judgement
 
with far-reaching implications for the initial coin offering (ICO) market. Judge Raymond Dearie of the U.S. District Court Eastern District of New York today ruled that U.S. securities laws cover ICO token sales.The ruling came in a case against a fraudulent ICO promoter Maksim Zaslavskiy, whom prosecutors are looking to bring up on fraud charges for defrauding investors of more than $300,000 from a scam ICO called REcoin.

REcoin ICO Scam

In Sept. 2017, CCN reported that the SEC charged Zaslavskiy and two of his companies with defrauding investors through a number of ICO scams including REcoin. REcoin was marketed to investors as being backed by real estate and diamond assets which in actual fact did not exist. In a pioneering ruling, Judge Dearie refused to dismiss the case against Zaslavskiy, whose lawyers earlier pled for dismissal on the basis that the ICOs in question were currencies and not securities, placing them outside the jurisdiction of the SEC Act.

An excerpt from today’s hearing file reads:

“He [Zaslavskiy] argues that the securities laws are  unconstitutionality vague as applied. The Government, meanwhile, asserts that the investments made in REcoin and Diamond were “investment contracts,” and thus “securities,” […] and that these laws are not unconstitutionally vague.”

Judge Dearie’s ruling on this matter was that an ICO is indeed a security for the purposes of federal criminal law, which is what prosecutors have argued since last year.

Implications of Dearie’s Ruling

The SEC claims the REcoin ICO scammed investors out of $300,000. Dearie has become the first judge to deliver a ruling that places ICOs firmly within the jurisdiction of securities regulators, and this could potentially have important implications for the ICO market by creating a precedent for future cases. While the CFTC has had some successes tackling fraudulent crypto offerings within its space, the SEC — which has long said that it has jurisdiction over most ICOs — had not yet established this authority in court.

An excerpt from Judge Dearie’s ruling reads:

“Zaslavskiy’s contrary characterizations are plainly insufficient to by pass regulatory and criminal enforcement of the securities laws. Because the indictment is sufficient under the Constitution and the Federal Rules of Criminal Procedure, and because the law under which Zaslavskiy is charged is not unconstitutionally vague as applied, Zaslavskiy’s motion is denied. The case will proceed to trial.”

While the ruling comes as a boost for prosecutors, the it is by no means a final word on the matter. In his comments, Judge Dearie noted that the ultimate decision rests with a jury and that Zaslavskiy’s lawyers can in fact still present the argument contesting the jurisdiction of securities laws to the jury.

Article Produced By
ICO News

https://www.ccn.com/u-s-judge-rules-that-icos-are-covered-by-securities-laws/

David https://markethive.com/david-ogden

ICOs are holding over $730M in treasuries, and doing nothing with it

ICOs are holding over $730M in treasuries, and doing nothing with it

What is going to happen to all that cash?

 

If you thought that all those initial coin offerings (ICOs) that raised millions of dollars in cryptocurrency are busy spending that money on development in pursuit of delivering on their promises, you’d be wrong.Cryptocurrency insights firm Diar has revealed that companies which undertook an ICO before the last quarter of 2017 are sitting on huge cash reserves that could potentially fuel the startup for the next few years.

The total amount of Ethereum held in treasury by blockchain startups currently amounts to 3,744,651 ETH (or roughly $733,614,577 as of September 9). For context, this accounts for 3.7 percent of the total Ethereum supply. Over the last five months these ICOs have only liquidated 20 percent (907,024 ETH) of all total funds raised. Prior to the liquidation, the total amount of funds held in treasury was 4,651,675 ETH (or roughly $1,758,333,150 at this time).

Interestingly, the study also found that at least 12 blockchain-based businesses have a market capitalization that is smaller than the amount of Ethereum they currently hold in treasury. These are the 12 that actually are liquidating their reserves. On average, these companies have liquidated 62 percent of all Ethereum raised through an ICO.

One thing to point out here

is that the US dollar value of ETH has fluctuated dramatically since most of these companies’ fundraising efforts. Indeed, Ethereum has dropped from $378 on April 1 to $195 on September 9. With all this latent cash laying around, it is entirely likely that it could be used to support these companies and extend marketing efforts over the coming years.

There’s nothing wrong with that per se, but the issue is that this could potential obscure the poor performance of these companies in terms of adoption and product delivery. After all, these companies are under no legal obligation to deliver on their promises or pay back investors in the case of insolvency.

Article Produced By

Matthew Beedham

https://thenextweb.com/hardfork/2018/09/11/icos-mountains-treasury-diar/

David https://markethive.com/david-ogden

The future of ICOs

The future of ICOs

Looking at the ICO space now,

it’s clear that there’s a lot of problems but potentially a lot of promise. A comparison that is often used is that the current state of the ICO market and cryptocurrencies as a whole is akin to internet companies in the dotcom boom and crash in 2000 — a lot of noise, many companies will fail, but there could be major firms that survive and become big.

If ICOs do survive, it could pose a challenge to traditional funding methods such as initial public offerings, venture capital or corporate debt.“Philosophically, the value of an asset should be greater when there is more utility, which is a strong incentive for issuers to tokenize real-world assets.”

But beyond that, the whole idea of “tokenizing” a product via an ICO could also lend itself to traditional assets such as stocks, bonds or even currencies like the U.S. dollar. Robert Leshner is the CEO of Compound, a start-up that lets users earn money on their cryptocurrencies. He believes that real-world assets will eventually be tokenized which could boost security, the ability to move them globally, and create new business models.

“Real world assets, from government currencies like the U.S. dollar, to corporate bonds, to equity, can all be upgraded with these properties. Philosophically, the value of an asset should be greater when there is more utility, which is a strong incentive for issuers to tokenize real-world assets,” Leshner told CNBC.

He proposes two ways to do this. The first involves freezing an asset in the traditional financial system and creating an equal amount of tokens on a blockchain, with the ability to unwind the process if needed. A central bank, financial institution, or custodian is trusted with the administration, similar to how exchange-traded funds are created and destroyed. The second option is creating tokens that mimic the value of an asset.

“Tokenized assets will behave like safer, speedier, more useful versions of themselves, which investors will prefer. Once we head in that direction, there will be no going back,” Leshner said. There are however a number of stumbling blocks to such a movement, the main one being regulation. Authorities across the world have barely begun looking at cryptocurrencies and ICOs, let alone the tokenization of traditional assets. But advocates believe it is just a matter of time, likening the development of blockchain and tokenization to the way content was changed by the internet. “Tokenization is to ownership as digitization was to content,” Muirhead told CNBC.

Article Produced By
Arjun Kharpal

Arjun Kharpal is a technology correspondent for CNBC in London. He moved into the role after being a news assistant at the company for two years, and a reporter for a year following that. Arjun's heads up CNBC's "Tech Transformers" special report, interviewing guests or offering analysis on "Squawk Box Europe" and "Street Signs", as well as writing a plethora of stories online. He writes extensively on the technology industry covering the latest trends and topics all the way from the most innovative start-ups up to the biggest companies in the world including Apple and Google.

Arjun talks to the most important industry players including company chief executives, investors, and entrepreneurs. Arjun has previously written for The Times, The Telegraph, The Guardian and The Mirror in London. He holds a BA in English Literature from the University of York and an MA in Newspaper Journalism from City University, London.

https://www.cnbc.com/2018/07/13/initial-coin-offering-ico-what-are-they-how-do-they-work.html

David https://markethive.com/david-ogden

European Parliament Members, Blockchain Experts Meet to Discuss ICO Regulation

European Parliament Members, Blockchain Experts Meet to Discuss ICO Regulation

Members of the European Parliament

along with blockchain experts met Tuesday, September 4, to discuss possible regulations for Initial Coin Offerings (ICO). At the recent EU event entitled “Regulating ICOs — Is the Crowdfunding Proposal what we were looking for?” the attendees examined the potential complications currently arising in the ICO industry. Ashley Fox, a British Member of the European Parliament, pinpointed three main issues to consider at the meeting: challenges faced by ICOs in raising capital, the existing regulatory approaches on the matter, and the future perspectives of the industry.

In his testimony, Peter Kerstens, chairman of the the European Commission's Taskforce on Fintech, pointed at the “dramatic increase” of ICOs’ volumes in 2018, despite the increasing number of reports on fraudulent ICO projects. According to Kerstens, the growing figures mean that ICOs are “very interesting and promising vehicle instruments” for raising capital. Kerstens stressed the fact that while the ICO industry faces mainly similar problems with other traditional funding activities, it is still different in terms of the amount of money that can be raised. As a major benefit, Kerstens stressed that while it is “extremely hard to raise millions of euros for a startup,” it is “not that hard” for an ICO project.

Addressing the issue of the main differences between ICOs and crowdfunding, Kerstens stressed the fact that ICO tokens are not “intermediated,” which means there is no third party between issuers and investors, posing the main subject of concern. According to Kerstens, most of the aspects of ICOs “cannot be covered by crowdfunding proposals” due to the multiple differences between the industries as well as the uncertain status of ICOs as financial instruments, among other reasons.

Turning to the question of ICO regulation, Aeternity’s global communications expert Julio Alejandro has provided a “very original contribution,” claiming that there is no way to stop an ICO project from creation except by banning crypto exchanges. Alejandro claimed that “you can complain, you can cry, you can believe,” but “the only way that you can actually stop an ICO from creation is stopping an exchange,”

adding:

“Whenever you want to stop the diffusion and relocation of information, how are you gonna stop it? Are you gonna ban USBs, the computers? What exact are you gonna ban? You’re banning knowledge.”

Alejandro then stressed the benefits of the ICO industry that are highly valued by the crypto community, such as an ICO’s anonymity, borderless character, mutual transparency, and ability to operate without an intermediary. Alejandro further stated that if any centralized organization “tries to regulate ICOs in some sense,” the industry would become “obsolete” from its technical perspective.

On September 7, economic and financial affairs ministers from the EU’s 28 member states are set to hold a meeting on the challenges posed by digital assets and the possibility of tightening regulations. The event, scheduled to take place in Vienna, Austria, will discuss the main issues around crypto, such as tax evasion, terrorist financing, and money laundering.

Article Produced By
Helen Partz

Helen is passionate about learning languages, cultures and the Internet. She has years of experience working at international online advertising projects. Growing interested in Bitcoin and cryptocurrencies in late 2017, she joined Cointelegraph as a writer.

https://cointelegraph.com/news/european-parliament-members-blockchain-experts-meet-to-discuss-ico-regulation

David https://markethive.com/david-ogden

The baroness, the ICO fiasco, and enter Steve Wozniak

The baroness, the ICO fiasco, and enter Steve Wozniak

Baroness Michelle Mone

Baroness Michelle Mone

Earlier this year, we brought you news that Scottish lingerie entrepreneur-turned Conservative peer Michelle Mone and her businessman boyfriend Doug Barrowman were launching an initial coin offering (ICO). The plan was to raise money for a token-based crowdfunding venture, EQUI Capital. But the project has ended in a fiasco that exposes the total absence of oversight in the ICO market, and in particular the lack of protection for those at the bottom of the crypto, er, FUDchain: “bounty-hunters” — essentially online marketers who promote ICOs on social media and across the internet, supposedly in return for digital tokens.

EQUI told us in February they hoped to raise up to $80m. Even if they raised less than that, the token offering would be “going live” no matter what, Barrowman said. Lady Mone of Mayfair, OBE, calling herself “one of the biggest experts in Cryptocurrency and Blockchain”, told Business Insider that she and Barrowman were staking their “incredible reputations” on the ICO and that there was “no way [they were] going to do anything untowards (sic) to let these people down”.

The reassurance might have been welcome, because initial coin offerings are effectively an unregulated way for companies to raise money from the public, bypassing securities laws designed to protect investors through the use of so-called cryptocurrencies. Regulators may yet step in, with those in the US indicating the rules still apply to what are securities in all but name. For now the ICO boom has prompted a flourishing in the number of businesses offering tokens, with more than $6.8bn raised so far this year alone, according to icodata.io, which tracks the market.

The EQUI ICO didn't go quite to plan, however. It isn't going live, and lots of people seem to be feeling pretty let down. (But as you will see, dear reader, we wouldn't want to say it failed, because EQUI are watching, and they're going to tell our editor, and we might get sued.) After launching a two-week pre-sale a on March 1, with a minimum required investment of $100,000, EQUI put out a press release on March 6 boasting that it had raised a nice, round $7m “in only a few days”.

Barrowman said in a statement at the time:

Trading has been frenetic, with investments ranging from the minimum hundred thousand dollar threshold up to a solid couple of million per investment.

Then, having still only apparently raised $7m on March 30, EQUI announced the “good news” that it would be extending the public ICO — minimum investment $100 — until June 30 (having originally planned to close it on April 12). By the end of June, the total amount raised still seems to have been stuck at $7m. At that point, EQUI decided to abandon the ICO idea altogether and to relaunch, on September 18, as “EQUI Global”. It is still promising to be the “ULTIMATE DISRUPTOR TO TRADITIONAL VENTURE CAPITAL INVESTING”, the logo looks the same, and the founders are pretty much the same — Mone, Barrowman plus one other “soon to be announced” (more on that below). But there is no initial coin offering.

The ICO World Of Business is a very strange place of doing business

EQUI explained, via email:

Our Founders are conventional business people with a track record of over 300 years in business between them. They have all found the ICO World Of Business a very strange place of doing business with some very alarming things going on. Therefore we will not be doing an ICO going forward and instead we will be focusing on our Token Blockchain technology.

We asked how it was possible for the founders to have a track record of “over 300 years in business” given that there were only two of them. That must have been a typo, we were told — actually that figure also includes the advisory board, of whom there are four members (apparently very sprightly-looking 90-year-olds):

Here's the breakdown of the $7m EQUI says it raised (emphasis ours):

Our short ICO raised a total of 843.33 ETH. In addition, a consortium of private investors who are known and work directly with members of the EQUI management team pledged $6 million USD. This was the $7 million that was earlier reported. A consortium of private investors who are known and work directly with members of the EQUI management team pledged $6 million USD.

It's unclear just how close the “consortium” of investors is to the EQUI management team. But the statement appears somewhat inconsistent with the earlier one about “investments ranging from the minimum hundred thousand dollar threshold up to a solid couple of million per investment”. On top of the $6m, EQUI's “short” four-month-long ICO raised ether, a popular cryptocurrency, worth about $250,000 at current rates. (At the ether rates back in March, when this $7m was first announced, the ether was worth about $700,000.)

When we suggested that according to their numbers, no money at all had been raised between the “frenetic trading” of early March and June 30, we were told that the pre-sale had in fact raised “between $6.5m and $7m”, and that the 843.33 ether had been raised in the public sale. Thus the $7m originally announced grew to… $7m. Rounding, huh. Barrowman told FT Alphaville when we spoke to him earlier this year that he had spent a “seven-figure” sum on the project since beginning in summer 2017, though it's wasn't exactly clear what that money referred to. Either way, the paltry $7m EQUI had raised — less than 10 per cent of its target —

then started to ebb further. Here's EQUI:

At the time of stopping our ICO, we at EQUI did something that very few ICOs or projects do when they change the project fundamentals. We offered full refunds to those that wanted to rethink their investment into the project. While fewer than 40 investors took us up on this offer, the consortium, brought in privately has pulled back their $6 million investment as they are waiting to reassess the project and changes that are actively being made. This is to ensure compliance with regulatory guidelines of the fundamentals of EQUItoken and its potential classification by the regulatory boards governing the EQUI project as a security.

A total of 57.8 ETH was returned to investors who requested a refund. This means that a total of 785.53 ETH was raised via the ICO. 

Some were refunded without their consent. When we asked about this, someone who wanted to be described only as an “insider” told us that first of all investors were told they would be refunded. But, as not all of them had wanted a refund, the “sophisticated investors” were allowed to stay on, while the others were refunded, the insider said. It is these sophisticated investors who will now be allowed to participate in the new EQUI venture which, as we've seen, focuses on “Token Blockchain Technology”, but is strictly not an ICO according to the company.

The reason for the change in tack after the wildly successful and not in any way failed ICO, our insider told us, is that — as has been reported in the crypto-press — an Apple co-founder called Steve Wozniak is to join the company, and will become EQUI's third co-founder. He didn't want to be part of an ICO, and “he’s come up with a different way of doing it”, we were told. Woz told CNBC in June that he wanted bitcoin to become the single global currency because “that is so pure thinking” (the whole video is worth a watch).

The most miserable cryptojob of them all

A dispute has broken out — reported first by Scottish politics site Wings over Scotland — over how much the “bounty-hunters” we mentioned before should be paid, given that the ICO no longer appears to be going ahead. It highlights another aspect of the ICO world. Unlike, say, the highly legalistic prospectuses produced for securities offerings in the traditional financial system, the legal status of the promotional documents associated with coin and token offerings remains untested.

In EQUI's original “White Paper” it was written, under “token distribution”, that “2 per cent will be available for Bounty Rewards”, with a pie chart to illustrate that as a proportion of the total supply: Given that the price of one of these tokens was $0.50 and there were to be 250m tokens, bounty-hunters say they were expecting to share a pool of $2.5m, and indeed this is what was said in EQUI's

Bitcointalk group for bounty-hunters:

A total of 2% ($2.5M) of the total token supply will be assigned to the Bounty Pool.

EQUI say they were not responsible for the post but we understand that it was reviewed by them before it was posted by the company managing the bounty programme, as is standard practice. In a later Bitcointalk post, we find similar wording: “A total of 2 per cent (5,000,000 EQUI) of the total token supply will be assigned to the Bounty Pool.” But EQUI seem to be a bit confused about what that 2 per cent meant.

They told us, via email:

The Bounty community only raised $2,000 between them all and should only be getting paid out $40.00 but as a gesture of goodwill we have decided to pay them out on the full amount raised after eu finds [sic — we think they mean refunds] which is over $10,000.

As such, 2% of this amount was originally promised to the bounty pool, this is our legal contract with the Bounty agency. This constitutes a bounty pool of 15.71 ETH. We at EQUI are 100% transparent and will offer complete records and TXID’s to verify this. As it was EQUI’s decision to stop our ICO to show appreciation for Bounty hunters hard work and dedication to the project we will be increasing the reward for the bounty payout from 2% to 5%.

So in the first paragraph, they tell us that the bounty-hunters raised just $2,000 between them, and that they should therefore only be given $40 to divide between themselves (2 per cent of $2,000). That seems strange; bounty-hunters are not meant to be “raising” money per se. Rather, they are effectively online street teams — typically from low-income regions of the world — who are paid a certain amount of tokens for each task they perform, such as sharing promotional tweets and posts on social media, adding their logo to their online “signatures”, creating videos and writing puff pieces for the ICO they are toiling on behalf of.

But EQUI says all the money it raised except for $2,000 — again a nice round number, which is apparently an “estimate” — came from its own contacts, and that therefore the bounty-hunters should really only get a share of this tiny amount. Confusingly though, in the second paragraph above, EQUI seems to be saying it had a “legal contract” in which they promise that 2 per cent of the total raised after refunds — so the 785.33 ether — should go to the bounty-hunting pool. That would be 15.71 ether, currently worth just over $4,000. But as a “gesture of good will”, they've decided to increase that to just under 40 ether, or about $11,000.

Because of lax KYC checks in such schemes and therefore the possibility that people register more than once, it is difficult to know how many real people were involved in this bounty-hunting effort. EQUI say between 1,000 and 1,500 while AmaZix — the company that was originally managing the bounty programme but who stopped working with Equi back in May, citing “irreconcilable differences” — said there were 7,600 unique usernames in the bounty. Either way, $11,000 doesn't seem like a very big pool to share among them.

“Police can track you down”

We spoke to several of EQUI's bounty-hunters and were shown Telegram messages. When they complained about the amount there were getting paid or the way they were being treated, EQUI threatened them with lawyers if they “bad-mouthed” the company. One Telegram message sent to a group of bounty hunters said “police can track you down if you threaten & track and bad mouth our brand name”; another sent the same day said “you are all so stupid”. EQUI declined to comment on the messages. That a peer of the realm's business appears to have threatened criminal consequences for people encouraged to take part in its unregulated investment scheme is, if nothing else, a bad look.

One bounty-hunter, Maksim Koselev, a 29-year-old Russian warehouse worker, told us he had spent about 10 to 15 minutes per day, seven days a week, promoting EQUI online for the months during which the ICO was running, which included writing two promotional articles about the company in Russian. He's worked as a bounty-hunter for more than 100 ICOs, he said, and apart from the exit scams — where those raising money disappear with the funds they have raised — this is the worst experience he's ever had. He, and others, said bounty-hunters should have been paid 2 per cent of the $7m Equi raised, particularly given that EQUI is still planning to raise money from investors.

He told us:

We’ve been thrown out of the window with this… This is not the way you talk, even to bounty-hunters. They treat people like nothing.

Our experience of interacting with EQUI has also been a bit… strange. When we contacted the company via its website we were replied to by Baroness Mone's press officer, who offered us a “deal on an exclusive”. When we asked some questions about the bounty-hunters' complaints, we were told that “anything that is written that is defamatory to EQUI or our founders we will take severe action”. Not only did Equi copy in their lawyers, but all this came with a “UK parliament disclaimer” at the bottom, a nice reminder this was a member of the upper house of the British parliament we were dealing with.

EQUI's solicitor Paul Tweed — a celebrity media lawyer so renowned that the New York Times dedicated a whole story to him earlier this year, who has represented everyone from Sylvester Stallone to, er, Britney Spears — was copied in conspicuously to emails, as was Egg Media, a PR company “specialising in crisis management, corporate brand and individual reputation”. These are well-connected people who seem to know what they're doing and don't appear to be struggling for cash.

“We are watching your every move”

In an email on Monday, we were told:

All Bounty people have now been paid from their agreed contract from 2% to 5% as a gesture of goodwill.

To check the bounty participants had received the cash, we sent a message to the Telegram support group asking if members had received anything. We were told no one had yet been paid, as it turned out. EQUI later said it had paid the money to a third party, who will distribute this to bounty-hunters shortly. But straight after we'd sent the message to the group, things got creepier. EQUI Support got in touch on Telegram with the following:

We at Alphaville have a history of frustration over the baroness's media team's antics, but telling us that our every move was being watched kind of felt like another level. We look forward to learning how EQUI Global can be relaunched in a way which isn’t an ICO, given its business model was built around the tokens it hoped to sell. It seems that yet another Conservative parliamentarian has learned that dipping one's (cryp)toes into the murky waters of ICOs can be a rough experience.

Article Produced By
Jemima Kelly

Jemima Kelly joined FT Alphaville in April 2018. Before that she wrote about the foreign exchange market, cryptocurrencies, and fintech at Reuters. She also had stints there writing about the asset management industry and pensions. She covered the BP oil spill from Louisiana, and the Brexit reverberations from a muddy field in Glastonbury.

She got her start by sneaking into The Economist as a “corrector”, then moonlighting as a reporter, travelling to Myanmar to write about its literal and political landmines. She once perused every issue of The Sun between 1979 and 1990 for her history dissertation, “What a pair! Page Three and the Thatcher Years”. Before university she pursued a career in music. She still sings and writes songs. Jemima is interested in cryptoeconomics (sorry), technology, philanthropy, the ideas industry and pseudo-religions, index investing, and the media.

https://ftalphaville.ft.com/2018/09/03/1535947200000/The-baroness–the-ICO-fiasco–and-enter-Steve-Wozniak-/

David https://markethive.com/david-ogden

Colorado’s ‘ICO Task Force’ Levies Orders Against 3 Crypto Startups

Colorado’s ‘ICO Task Force’ Levies Orders Against 3 Crypto Startups


Colorado Securities Commissioner Gerald Rome
has issued signed orders to show cause that three cryptocurrency businesses have allegedly offered and promoted unregistered ICOs in Colorado.The investigation is part of a recent crackdown against fraudulent ICOs by officials of the Division of Securities under Colorado State’s Department Of Regulatory Agencies (DORA).

‘ICO Task Force’ Targets Project Marketing Fake Forbes Partnership

The officials are part of an “ICO Task Force” put together in May by Commissioner Rome with the mandate of identifying individuals and companies with fraudulent or unregistered businesses that present their customers with an investment risk. The three companies that are subject to the latest order are Bionic Coin, Sybrelabs Ltd., also known as CryptoARB, and Global Pay Net, also known as GLPN Coin and GPN Token.

Similar orders have previously been received by Bitcoin Investments Ltd., also known as DB Capital, EstateX, Bitconnect, and Magma Foundation, also known as Magma Coin. Bionic Coin promotes an ICO known as “Bionic” or “BNC,” and it promises to enable instant cross-border payments to anyone, as well as simplify the process of buying software and electronic devices. The ICO site offers investment-related information about the ICO including a timeline roadmap, a technical whitepaper, and FAQs.

It also makes promises of returns to investors, saying, “Bionic will grow your money without any effort.” On the site, a number of purported media partners are listed including Forbes magazine, but upon investigation it was discovered that no such reference to the company exists on any of the sites it listed. Users are also incentivized to promote the ICO on their social media accounts with promises of receiving up to 10,000 BNC tokens per post. Most significantly, the site has no associated physical address or control person identified.

‘Cryptoarbitrage Robot’

Sybrelabs Ltd., which claims to be based in Cambridgeshire, England, promotes an unregistered security in the form of an investment pool that allows users to trade on cryptocurrency exchanges through what is termed a “cryptoarbitrage robot.” According to Sybrelabs, this is a tool that allows the company to “automate many factors occurring with effective arbitrage on several instruments.” It offers huge profit percentages for a minimum participation of $25.00, and it solicits “active investment portfolios” of $25,000 or more. Like Bionic Coin, it encourages members to promote the scheme and its website also provides marketing materials including a PDF presentation, online banners, and souvenir products.

Global Pay Net markets an ICO purporting to sell “GLPN Coins,” which allegedly provide a blockchain-based international financial platform. It claims that GLPN tokens are “full-value assets that represent one’s share in the business” and that “investors receive 80 percent of the company’s profits.” Multiple cryptocurrency professionals and personalities are listed on the site, purportedly as having involvement in the project, but two of them have denied that this is the case.

It also claims that it has a filing with the SEC’s EDGAR database, but this cannot be verified because the phone number listed for the 2011 filing is disconnected, and no business filing is registered in Washington State where the company is supposedly located. Like the other two, it also offers inducements for individuals to promote it using their personal social media accounts, and it provides marketing materials on its website. Earlier, CCN reported that “Operation Cryptosweep,” an initiative of the North American Securities Administrators Association (NASAA), is actively investigating over 200 ICOs across the continent.

Article Produced By
Bitcoin Crime

https://www.ccn.com/colorados-ico-task-force-levies-orders-against-3-crypto-startups/

David https://markethive.com/david-ogden

NASAA launches an investigation into over 200 allegedly fraudulent ICOs

NASAA launches an investigation into over 200 allegedly fraudulent ICOs

Not the NASA you were thinking about

The days of the pump and dump ICO may be numbered

: the North American Securities Administrators Association (NASAA) is on the warpath, taking action against potentially dodgy cryptocurrency schemes. In an announcement made yesterday, NASAA revealed it has opened over 200 cases investigating possibly illegitimate, illegal, and fraudulent ICOs and cryptocurrency related businesses since its launch in May 2018. All under the codename “Operation Cryptosweep.”

NASAA is a collective task force made up of representatives from the US, Canada, Mexico, Puerto Rico, and the US Virgin Islands. Its aim is to uncover illegitimate cryptocurrency scams, and protect potential unwitting investors. “State and provincial securities regulators are committing significant regulatory resources to protect investors from financial harm involving fraudulent ICOs and cryptocurrency-related investment products and also are raising awareness among industry participants of their regulatory responsibilities,” said NASAA President and Alabama Securities Commission Director Joseph P. Borg, in the announcement.

The point NASAA makes is that, if cryptocurrencies qualify as securities then they must be subject to, and apply for specific regulatory certification, or they must apply for exemption. Either way they must acknowledge this regulatory process in some way, the reality is, many do not. A full list of all those being investigated as part of “Operation Cryptosweep” can be seen here. It seems the primary reason for investigation is due to selling “unregistered securities.” The rise of the ICO presents a challenging future for cryptocurrency investors, and the general public alike. With a widely unregulated field, there are few safeguards to protect investors from dodgy scams.

At Hard Fork we recently reported how most of the top 100 cryptocurrencies don’t actually have a working product, giving investors no return for their money. What’s more, cryptocurrency exit scams exist, which specifically aim to raise money and run. They’ve illegitimately taken over $100 million from investors. Supposed regulation is one of blockchain and cryptocurrency’s most challenging issues right now. Whether for or against great control of our digital assets, hopefully “Operation Cryptosweep” will help to legitimize the field, and weed out the crooks.

Article Produced By

Matthew Beedham

https://thenextweb.com/hardfork/2018/08/29/operation-cryptosweep-ico-cleanup/

David https://markethive.com/david-ogden