SEC Targets ICOs in Broad Cryptocurrency Markets Investigation

[Celestial Miner]

While all may seem quiet on the regulatory front, it could just be the calm before the storm. The US Securities and Exchange Commission is pursuing a broad investigation into ICOs, one in which numerous subpoenas and requests for information have been issued to a number of blockchain startups, according to The Wall Street Journal. The SEC apparently wants insight into the moving parts that comprise both the ICO and the pre-sale leading up to the public crowdsale.

The securities regulator has been ratcheting up its talk on ICOs that it says may be in violation of securities laws, and now they are taking action. The BTC price was off about 3% soon in the moments after the WSJ report came out.

ICOs are a multi-billion dollar market, with tallies for last year ranging from $5.6 billion to as high as $6.5 billion. 2018 has been off to a bang as well, with deals such as Telegram targeting billions of dollars. SEC Chairman Jay Clayton said earlier this month: “I believe every token I’ve seen is a security,” which should have sent chills up the spine of the founders of blockchain startups that chose to label their tokens a utility and not a security.

A utility token should have a specific application tied to the ecosystem for that token sale. For example, a gaming project whose tokens can be used to purchase virtual goods. But few “utility” tokens are actually limited to the applications they were meant for. When investors begin to speculate on the value of the token itself, that’s where the gray area surfaces, which worries regulators.
Deal Structure

In the subpoenas, the SEC is reportedly requesting information from issuers such as the “structure” of both token sales and ICO pre-sales, according to the Journal. While both ICOs and initial public offerings (IPOs) are fundraising methods, the former is much more loosely regulated. ICO issuers disclose a white paper, comprised of details for how that project sees the world, and having to register with regulators would slow down the fundraising process.

Meanwhile, cybersecurity consultant John Reed Stark, a former SEC official, presciently told Bloomberg earlier this month that in addition to the ICO issuing companies, attorneys advising those startups that are found to be in violation of securities laws were similarly at risk of being part of a regulatory “sweep,” one that he predicted would focus on the “low hanging fruit” to start.

Regulators previously “recommended enforcement actions against those that conduct initial coin offerings in violation of the federal securities laws,” according to the SEC. The SEC last year made it the job of a new crypto-focused task force to examine new digital tokens that come to market, and they’ve stopped or spooked more than a handful of them so far that they’ve made public.

[cryptobobo]

It will decrease the number of shit ICO or scam projects,well if the SEC has already banned citizens from u.s. most of the countries will surely agree with the SEC's regulations to protect their citizens from potentials scams like ICOs,further more it will depends on the other country if they will follow the SEC's regulation,it could affect number of ICOs because only legit ones would appear in the future.

[emmmmm]

I think most of the ICO project are unable to review by the SEC, because most of the ICO project looks more like a stock, so this fall within the scope of the SEC regulation, this is why most of the ICO project refused to investors from the United States.

[Celestial Miner]

I agree the jurisdiction issue is what keeps the SEC involved. The more Outside the US the more growth. Although .. the stats for ICO in 2017 show that the USA (1031 ico) was #1 issuer followed by Russia (310) and China (260).

[aces777]

The way these ICOs are pulling exit scams, some kind of regulatory over watch wouldn't hurt the cryptocurrency market. There needs to be some repercussions for fraud and without the SEC or any government body getting involved there really isn't much that can be done to these fraudsters.

[tdeannova]

statements like this have been repeated many times they say, but no real action they do. their purpose is very good, but they are just planning and that's what they always do, when the crypto market is improving or recovering.
better they are looking for a good solution that makes investors free to invest in various ico and with high security guarantees.

[jan.nicolas]

I am very indignant at the actions of this organization, which in every way attempts to prohibit the crypto-currency world. Maybe it's worth it otherwise relates to these organizations? Since I think that they are just slowly killing crypto currency

[Tipestry]

If the SEC cracks down too hard, projects will just move to other countries and it will slow US economic growth and risk its leadership in tech.

[cryptocue]

It will only affect ICOs when most of the counties will follow the SEC's regulations,but if these countries doesnt care about their citizens most likely there will be no regulations to follow,if these countries will follow the SEC's regulations it will be better because there will be less ICO scams and there will be no people to join any of these ICOs.

[cryptomngr]

It wont be a problem for most of the ICO hunters because if their country doesnt care about the cryptocurrencies,or there still no regulations from their country the SEC wont be a problem,SEC cannot dictate a country to restrict the people from joining ICOs because SEC regulations would govern the U.S citizens not the non U.S citizens in the other countries.

[salterious]

Woohoo? Don't know whether to be more scared or excited for us moving ahead. It seems with the SEC nose in our business we will have more regulation and oversight, I just hope that regulation and oversight doesn't become too much and hinder our growth here.

[habaratbu]

Woohoo? Don't know whether to be more scared or excited for us moving ahead. It seems with the SEC nose in our business we will have more regulation and oversight, I just hope that regulation and oversight doesn't become too much and hinder our growth here.

Not going to be a problem with the other countries,because different countries has different laws to abide,and SEC cannot use its power outside the  U.S or in any other countries,if the other countries wont regulate cryptocurrencies SEC has nothing to do with it.People in other counries including politicians are more open than the U.S government.

[ksiazek7]

Less scams would be a good thing as would justice for the people who are trying to scam.  SEC does have some pull in every nation don't kid yourselves. I'm not trying to say it's a ton of pull everywhere but this will have some effect everywhere imo.

[sycaburatan]

That would be good because most of these scam ICOs wont be allowed to our community,less ICO scam less risk of losing the money of these investors,this is just another step for a better ICO investments,if these countries will agree to SEC's regulations then it is their choice but if they dont agree with the SEC's regulations there will be no conflicts because different countries has different regulations.

[nakamote]

Lets just hope that these scam ICOs would be less so that our ICO investment would be better,less ICOs less risk of losing your money because we all know that most of these ICOs are just created to raise so much money.Sec cannot do anything if the country doesnt want to comply because different countries has different rules or laws to be followed.

[Kippah]

Strictly speaking, SEC cannot investigate companies anywhere else than in US. So ICO projects will defintiely find the way around. SEC is not almighty in that sense. They scared few projects, they shut down few more but as long as the company is off American soil whatever SEC thinks or says about ICO is almost unenforceable.

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[shinratensei_]

It will decrease the number of shit ICO or scam projects,well if the SEC has already banned citizens from u.s. most of the countries will surely agree with the SEC's regulations to protect their citizens from potentials scams like ICOs,further more it will depends on the other country if they will follow the SEC's regulation,it could affect number of ICOs because only legit ones would appear in the future.

Have you been reading about that? SEC even said about SEC can't prevent those are running ico outside of US. That means if the SEC regulation only give an impact to the project that based in the US itself.
Not so many project are based in US right now. So many people know that SEC against crypto and icos. Another country implement their own rules rather than follow SEC compliance.

[mangkanor]

Yeah it wont really affect the ICO because most of these ICOs are based outside the U.S ,different countries has different laws to comply.So it is really depends on the country you are into ,luckily in our country we dont have regulations yet about the use of cryptocurrencies that is why we are still enjoying all the activities related to cryptocurrencies.

[Mr. Thang]

The way these ICOs are pulling exit scams, some kind of regulatory over watch wouldn't hurt the cryptocurrency market. There needs to be some repercussions for fraud and without the SEC or any government body getting involved there really isn't much that can be done to these fraudsters.

Something really has to be done about these scams and if a higher authority has to step in, I would be in favor of it. Many have wanted the government to stay away from getting involved with crypto matters because they wouldn't want their hands messing but if it's a way to avoid scams from getting worse then it should also be favorable for crypto users alike. I'd rather for the government to be involved in order to have some protection and security from the fraudsters since nothing much can be done to bring justice.

[Biscutard]

I agree the jurisdiction issue is what keeps the SEC involved. The more Outside the US the more growth. Although .. the stats for ICO in 2017 show that the USA (1031 ico) was #1 issuer followed by Russia (310) and China (260).

Which is why they(the US government) implement this because USA(1031 ico) made a lot of shit scheme and as we look at it in the coinmarketcap some of them are just good at dumping. They treat those ICO as a garbage after they made money from it, that's why there should be a government involve on this which is in the first place to protect the investors from being scammed.