Articles Posted in Cryptocurrency

Chicago Cryptocurrency Trader Pleads Guilty to Stealing $3 Million in Litecoin and Bitcoin
Herskovits, PLLC

Joseph Kim, a young Chicago trader just pleaded guilty to stealing $3 million worth of cryptocurrency from the firm that employed him and investors. The case, which involves charges of wire fraud, is the first criminal prosecution for cryptocurrency related violations in the city. The 23-year-old trader who appeared before Judge Andrea Wood, could potentially…

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FINRA Regulatory Notice Encourages Members to Disclose Participation in Any Cryptocurrency-related Activities
Herskovits, PLLC

FINRA has announced it will increase its scrutiny of the cryptocurrency market. As several regulatory bodies endeavor to establish their jurisdiction over the crypto space, FINRA will now boost its oversight of registered firms’ participation in its burgeoning market. In a new regulatory notice, the self-regulatory organization asked its 3,700 member firms to notify it…

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CFTC Tells Judge It Has Jurisdiction Over Cryptocurrencies
Herskovits, PLLC

A few days before issuing the recent advisory for the cryptocurrency market, the Commodity Futures Trading Commission told the judge in the case against My Big Coin Pay Inc. that cryptocurrencies are commodities, and are therefore within CFTC jurisdiction. The federal judge in Massachusetts is hearing the case against My Big Coin Pay Inc., a…

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CFTC Staff Advisory Offers Guidance for Listing Cryptocurrency Derivative Products
Herskovits, PLLC

On May 21st, the Commodity Futures Trading Commission issued a new document offering valuable guidance for registered market participants. The head of the CFTC’s Division of Market Oversight, Amir Zaidi said in an accompanying press release, “The CFTC staff is committed to providing regulatory clarity as much as possible. As the virtual currency market continues…

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SEC and CFTC Cryptocurrency Regulation Chronology and Outlook for the Rest of 2018
Herskovits, PLLC

The over 80 subpoenas recently issued to companies in the cryptocurrency sector have provided a logical corollary to the agency’s many warnings about ICOs potential violations of security laws. The time for warnings is over. Now, the SEC’s intentions have evolved into enforcement actions, forever changing the scenario for new cryptocurrency initiatives. In late 2017,…

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“CRAEFUL!” The Do’s & Don’ts of Cryptocurrency and ICO Investing
Herskovits, PLLC

Recently, British comedian John Oliver dedicated his weekly show to cryptocurrency. Drawing from a seemingly endless supply of ICO Ponzi schemes, pump-and-dumps, and grandiose cryptocurrency speakers, the program emphasized the hitherto lax regulations that have enabled fraudulent schemes to flourish. Oliver coined the hashtag #CraefulGang, a play on the popular caption #HODLGang, well known to…

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SEC Subpoena? How Cryptocurrency Companies Should Prepare
Herskovits, PLLC

The SEC is effectively expanding its jurisdiction into the cryptocurrency and ICO market. Dozens of companies, possibly hundreds, are receiving SEC subpoenas, which I advise them to take very seriously. High profile companies, including giants like TechCrunch’s cryptofund, are currently dealing with these subpoenas. One of the problems is that nobody knows exactly what is…

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Cryptocurrency and ICO Space Prepare for Increasing SEC Scrutiny
Herskovits, PLLC

The SEC has repeatedly warned cryptocurrency investors about the market’s vulnerability to large-scale fraud. Likewise, the agency has made it clear that cryptocurrency offerings that function as securities will be treated as such, and thus subjected to scrutiny. Since SEC officials began making emphatic statements about its jurisdiction over the cryptocurrency space, many companies have…

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