ARTICLE
14 September 2018

FINRA Charges Broker With Fraud In Cryptocurrency Case

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FINRA filed a complaint against a broker for allegedly making material misstatements in public filings and for unlawfully offering and selling unregistered cryptocurrency securities.
United States Technology

FINRA filed a complaint against a broker for allegedly making material misstatements in public filings and for unlawfully offering and selling unregistered cryptocurrency securities.

FINRA alleged that the broker acquired the rights to a cannabis industry-related cryptocurrency, "HempCoin" and "repackaged it into a security to launch to the public." The underlying public company, sold in the OTC markets, had no underlying business operations. According to the complaint, the respondent violated Exchange Act Section 10(b), Rule 10b-5(b) and FINRA Rule 2020 as a result of his material misrepresentations and omissions, as well as Securities Act Section 5 and FINRA Rule 2010 for unlawfully offering and selling unregistered securities.

According to the accompanying FINRA press release, this is the regulator's first disciplinary action involving cryptocurrencies. The action follows an investor alert issued last year by FINRA regarding cryptocurrency-related stock scams, and a request issued earlier this year encouraging member firms to notify FINRA if they engage in activities related to digital assets.

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