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Expert Analysis

SEC's Lax Crypto Settlement Marks Unexplained Policy Shift

By Robert Rosenblum, Amy Caiazza, Taylor Evenson and Katherine Mann (October 17, 2019, 3:12 PM EDT) -- Until Sept. 30, U.S. Securities and Exchange Commission enforcement actions in the crypto industry conveyed a consistent message: Most cryptocurrency is a security, and if a token issuer does not follow the registration requirements of the Securities Act of 1933, the issuer would face significant consequences in the form of substantial penalties, a mandated rescission offer to U.S. investors, a requirement to register the tokens under Section 12(g) of the Securities Exchange Act of 1934, and bad actor disqualifications preventing the issuer from future Regulation A and Regulation D offerings.[1] ...

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