ARTICLE
7 October 2019

SEC Brings Charges For ICO Fraud, DOJ Indicts Hackers, Regulatory Reports Published

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BakerHostetler

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Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
On Monday, the U.S. Securities and Exchange Commission issued a press release announcing charges against Jonathan C. Lucas
United States Technology

On Monday, the U.S. Securities and Exchange Commission issued a press release announcing charges against Jonathan C. Lucas for fraudulently raising approximately $63,000 from more than 100 investors during an initial coin offering (ICO) for Fantasy Market, an online adult entertainment marketplace that Lucas founded and controlled. According to the announcement, Lucas has returned the investors' money and consented to a final judgment that orders him to pay a civil penalty of $15,000 and prohibits him from participating in certain securities offerings.

In California, the United States attorney's office indicted Elliot Gunton and Anthony Tyler Nashatka for hacking EtherDelta, a cryptocurrency exchange, in December 2017. According to the indictment, which was filed in August, the defendants changed the settings of EtherDelta's domain name system, misleading users in order to access their cryptocurrency addresses and private keys, allowing them to steal users' funds. The federal government is increasingly focused on these types of crimes. In the September 2019 edition of the United States Department of Justice's Journal of Federal Law and Practice, an entire section is devoted to addressing the challenges inherent in tracing, forfeiting and seizing cryptocurrencies.

The Korea Times recently reported that the International Financial Reporting Interpretations Committee (IFRIC) considers cryptocurrency to be an "intangible asset," as opposed to cash or another financial asset. The IFRIC's conclusion is unofficial, and no actual rule has been issued, but its assessment (which was reportedly reached in a meeting in London last June) can be significant, as the IFRIC's determinations are the bases for many nations' accounting rules and standards. And Global Legal Insights recently issued a report summarizing the blockchain and cryptocurrency regulatory landscape in Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey. Topics include government receptivity to cryptocurrency-related businesses, and regulatory issues related to licensing, mining and ICOs.

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