AFAIK those of us who bought into GAW didn't get salaries, dividends, or capital gains.
Oh, but we did. That's kind of the point. At least the ZenPool "mining" involved market activites, which means we were getting a share of capital gains.
"Mining" ZenPool was a form of investment. That's why it was illegal.
But there's the rub though. What we were sold was sold as mining capacity (specifically, a "cloud miner"). It wasn't until the downfall of zen that it became really clear that it was actually a derivative. Until then there wasn't much difference between what was being sold (a "virtual" miner) and if we purchased a physical miner and pointed it at a particular pool.
GAW running zenpool was illegal, but people thinking they were buying mining capacity in good faith most likely wasn't. IANAL but it seems to fail to provide any mens rea. And being a customer doesn't automatically make you an investor. If I go to walmart and buy a roll of toilet paper, am I now an investor?
The ICO is a different story, but again, GAW stated several times that they were working with regulatory authorities through the process to ensure compliance. So again, customers should be safe.
I still maintain that they most likely want the information to see how many individuals were definitively impacted. That kind of information is important in determining punitive damages against GAW. Also if GAW can't provide all of the information with proof, they are in violation of "know your customer" laws that a lot of MSB's have to maintain.
