A Swiss company settled separate CFTC and SEC charges (see here and here) for (i) acting as a futures commission merchant ("FCM") without registering with the agency and (ii) dealing in unregistered security-based swaps.
CFTC Charges
According to the CFTC, the company promised digital currency traders "mainstream market access." The CFTC found that the company operated by accepting (i) orders to buy or sell commodity futures from U.S. customers through its website and electronic trading platform and (ii) bitcoin in order to margin customers' trades, even though it was not a CFTC-registered FCM.
To settle the charges, the company agreed to (i) cease and desist from further violating CFTC regulation, (ii) comply with the conditions and undertakings outlined in the Offer, and (iii) pay a civil monetary penalty of $100,000. The CFTC acknowledged the company's cooperation during the investigation by imposing a lowered monetary penalty.
SEC Charges
According to the SEC, the company (i) offered and sold to U.S. investors, unregistered security-based swaps and (ii) failed to conduct the transaction with retail investors on a registered national exchange.
To settle the SEC charges, the company agreed to (i) cease and desist from further violating SEC regulations and (ii) pay a total monetary penalty of $131,952. The SEC acknowledged the company's cooperation during the investigation by imposing a lowered monetary penalty.
Primary Sources
- CFTC Order: XBT Corp. SARL d/b/a First Global Credit
- CFTC Press Release: CFTC Charges Foreign Trading Platform for Failing to Register with the CFTC
- SEC Order: XBT Corp Sarl d/b/a First Global Credit
- SEC Press Release: SEC Charges International Security-Based Swaps Dealer That Targeted U.S. Investors
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