Track market-moving stories before they get noisy

AltDex Launches Cryptocurrency Index of Gaming-Related Tokens

When Bitcoin began gaining prominence, few bodies were as concerned as the United States’ Securities and Exchange Commission [SEC]. A currency that is not tethered to a single person or entity, operating on something that cannot be shut down, and plied by a technology that is immutable, irreversible and transparent, it was the perfect problem for regulators.

From being touted as the currency of the Dark Web, to having derivatives contracts in its name being traded on the CBOE and CME, the regulatory journey of Bitcoin has been like no other. One would think regulators have eased their concerns with cryptocurrencies, but things were just getting started.

ICO: Initial Coin Onslaught Regulators were not immediately taken aback by the 2017-price surge. Instead, they remained on their toes and began a severe crackdown on the digital assets market.

In 2019, many crypto-entrepreneurs began registering their issuances as “tokens” and hence, escaped the regulatory hassle that would follow a security registration, which was when the SEC began to take a closer look. Stephanie Avakian, the SEC’s Co-director of Enforcement, said in a statement following one such case,

“We have made it clear that companies that issue securities through ICOs are required to comply with existing statutes and rules governing the registration of securities…we continue to be on the lookout for violations of the federal securities laws with respect to digital assets.”

Some were genuine cases, however, there were multiple cases of deliberate manipulation. Take the case of Maksim Zaslaviky, who raised money for two separate projects, “RECoin” and “Diamond,” tokens allegedly backed by real estate and diamonds. Zaslaviky pleaded guilty to the charge of conspiracy to commit securities fraud and argued that laws surrounding digital currencies were “unconstitutionally vague.”

Jay Clayton, the SEC’s Chairman, made it clear that the SEC will not budge on the definition of a “security.” Months after clarifying that all ICOs are securities and “if it’s a security, we’re regulating it,” Clayton stated,

“If you have an ICO or a stock, and you want to sell it in a private placement, follow the private placement rules. If you want to do any IPO with a token, come see us.”

In fact, the ICO fervor got so tense that the SEC created a new role to oversee cryptocurrencies. Valerie Szczepanik, who previously served in the SEC’s cyber-unit, was given the brand new position of Associate Director of the Division of Corporation Finance and Senior Advisor for Digital Assets and Innovation. In the SEC’s press release, her role was defined as,

“Ms. Szczepanik will coordinate efforts across all SEC Divisions and Offices regarding the application of U.S. securities laws to emerging digital asset technologies and innovations, including Initial Coin Offerings and cryptocurrencies.”

SEC’s home turf Due to increased regulatory oversight of the SEC, projects began leaving the US in search of other markets. The main concern for entrepreneurs was the definition of their issuance and if that would lead to the SEC stepping in, especially if they confer a “security” tag. Robert Greene, a former member of the Chamber of Digital Commerce’s Token Alliance, told Longhash,

“The SEC’s regulatory posture has certainly driven projects seeking to conduct an open digital token offering to locate outside of the United States.”

Some projects went a step further. BitTorrent, which saw its early-2019 token sale finish in 15 minutes and generated $7.1 billion, restricted US residents from taking part, owing to increased regulatory scrutiny.

The ICO craze didn’t continue to 2019, particularly in the US. As seen in the chart below, the number of projects from January 2018 to November 2019 almost dropped to 0.

Token Problem The setting in 2018 was vastly different from the one in 2019. ICOs were on a decline, moving to the premise of Initial Exchange Offerings [IEO] where internal governance of partnered exchanges come into play, rather than external regulation. The SEC’s focus hence waned from nabbing ICO criminals to defining a “token.”

Even though issuances present different regulatory cases, they’re unified by a common theme – the SEC is concerned not with the tag “security” or “token,” but the underlying means of fundraising and its purpose, said Chainalysis’ Chief Technical Counsel, Michael Moiser.

In a joint statement, the three most important financial regulatory bodies of the United States – the SEC, the Commodity Futures Trading Commission [CFTC], and the Financial Crimes Enforcement Network [FinCEN] reiterated this principle,

“As such, regardless of the label or terminology that market participants may use, or the level or type of technology employed, it isthe facts and circumstances underlying an asset, activity or service, including its economic reality and use (whether intended or organically developed or repurposed),that determines the general categorization of an asset.”

Four token issuances which caught the SEC’s attention and set the stage for regulation were – Block.one, Telegram, Kik, and Blockstack.

Block.one’s EOS

A previous piece covering Block.one’s regulatory issues can be found here.

Block.one was fined $24 million by the SEC for its EOS token sale in 2017-2018. The Brendan Blumer-led company clarified that the fine pertained to ERC-20 tokens issued on the Ethereum blockchain which are “no longer in circulation or traded.”

Stephen McKeon, Associate professor of finance at the University of Oregon and former Chief Strategy Officer at Security Token Academy, told AMBCrypto that this is an issue of “transitional securities,” based on when the token sale occurred and when the fine was imposed. He stated,

“The settlement could affirm the viewpoint that a network’s token should always be offered as a security during an initial raise, but a future sale of that asset might later be deemed to fall outside of securities laws once the asset’s network is “sufficiently decentralized.”

In relation to the Howey Test, once a network is “sufficiently decentralised,” it would not satisfy two of the determining factors and hence, “what was once a security is no longer treated that way by the SEC,” clarified McKeon.

Like the case of EOS, cryptocurrencies can essentially fall out of the “security” definition if it “evolves,” according to the SEC’s Director of Corporation Finance, Bill Hinman. Clayton seconded the ‘Hinman doctrine’ in a letter to cryptocurrency advocacy firm, Coincentre, stating,

“A digital asset may be offered and sold initially as a security because it meets the definition of an investment contract, but that designation may change over time if the digital asset later is offered and sold in such a way that it will no longer meet that definition.”

Telegram’s GRAM

The SEC halted Telegram’s GRAM token sale less than a month before its opening. Telegram told investors that discussions with the federal agency had been ongoing for eighteen months. Yet on 11 October, the SEC filed an emergency action against the platform for “conducting an alleged unregistered, ongoing digital token offering in the U.S.”

Steven Peikin, Co-director of the SEC’s Division of Enforcement, stated,

“Telegram seeks to obtain the benefits of a public offering without complying with the long-established disclosure responsibilities designed to protect the investing public.”

Moiser said that the case of Telegram directly ties to the SEC, CFTC and FinCEN’s joint statement [issued on the same day as the Telegram complaint], and is based on ‘function, not label.’ Next, the coming together of messaging and token sales is a case in its own regard, and hence, the SEC took the extra measure. Moiser added,

“The messaging app-to-crypto token space is an important one to watch, for fast adoption through existing networks, as well as natural synchronicity with privacy-oriented users.”

Telegram’s use as a covert-messaging device was also a concern. The Chainalysis CTO added that the messaging application came in for far more “scrutiny” owing to its alleged use by “nefarious actors.” The privacy messaging platform is the “number one source for terrorist organizations online,” according to Steven Stalinsky, Executive Director of the Middle Eastern Media Research Institute [MEMRI], a think-tank that released a 253-page report on how terror-outfits’ use of GRAM could be a “security threat.”

Moiser was surprised that Telegram, with its deep pockets and ability to put forth a strong legal team, could not, at the very least, avoid a “temporary restraining order.” He stated,

“Given their resources, knowledge of the publicly stated illicit finance concerns and ability to work through these issues in advance with regulators before market actions, the impact on investors from them not doing so makes this important in an unfortunate way.”

Kik’s KIN

In 2017, Kik, another lesser-known messaging platform, issued a token sale for their crypto Kin, raising $55 million from US investors in the process. Kin’s sale commenced during a period when the messaging service saw little use. The same was attested in the SEC’s June 2019 filing.

The crux of SEC’s complaint follows previous cases, stating that Kik “sold the tokens to U.S. investors without registering their offer.” The complaint was further divided into two parts – the value and the promotion. The value at the time of the complaint was “about half of the value that public investors paid in the offering.” Secondly, the SEC alleged that Kin was marketed as an “investment opportunity.”

Kik further told investors that a “profit” could be expected from their investment, which, according to the Chief of Enforcement in the Cyber Unit division of the SEC, Robert A. Cohen, satisfies the Howey Test. He stated,

“Future profits based on the efforts of others is a hallmark of a securities offering that must comply with the federal securities laws.”

Months after the complaint, Kik hit back, stating that the regulator has made a consistent effort to “twist the facts” by “misrepresenting the documents and testimony” gathered. Kik demanded a Jury trial and detailed 200 points of clarification against the SEC’s initial complaint. 

The tussle got so heated that FT called it the “acid test for whether certain digital tokens count as securities.” It was hence, one of the most pivotal regulatory cases of 2019.

Blockstack’s STX 

In July 2019, Blockstack saw its token offering – Stack [STX], approved by the SEC under Regulation-A. This was the first case of token issuances that was approved by the regulator. An alternative to an IPO, Regulation A is based on two tiers. Tier 1 pertains to offerings up to $20 million within a 12-month window, while Tier 2 has a ceiling of $50 million over the same period.

The case of Blockstack’s approval was hailed as being historical for token issuances under the purview of the SEC. The National Law board stated,

“The SEC’s decision to qualify Blockstack’s offering circular represents a milestone for Blockstack, as well as the blockchain industry as a whole. It is a key step down what may be a viable pathway for companies to raise capital to develop open, cryptographically secured networks powered by digital assets.”

Kraken’s Steven Ehrlich, in a piece for Forbes, stated that Blockstack’s approval was important for three reasons. The $28 million offering will be widespread between retail and institutional investors. Blockstack is ahead on development, having over 170 applications operating on its blockchain. Being over half a decade old, Blockstack belongs to the ‘old-guard’ of crypto-companies and serves as a “good barometer to assess the industry’s progress as a whole.”

With the cases of Kik and Telegram happening before and after Blockstack’s approval, the SEC took a more nuanced view with the blockchain company, compared to the messaging giants. Blockstack’s fundraising could be a “path to SEC-approved IPO-type fundraising with a crypto-token,” stated Moiser. He added,

“While many noted the $2mm that Blockstack spent to achieve this, it sets a precedent and blueprint that can be replicated on the shoulders of that capital investment.”

Lowering of the Iron-Fist

Token issuances were the most important regulatory decisions that the SEC had to make this year, and their approach from 2018 to 2019 has evolved. While in 2018, retail fever was pushing projects towards ICOs, the basket was spoiled by a few bad apples that used the method of raising funds for nefarious reasons, which rightly ushered scrutiny.

Moving on from the iron-fist decisions, the SEC immediately came out and stated that the ‘tag’ is secondary to ‘activity’ and ‘means.’ Four token security decisions dominated the sphere, with the messaging giants getting the short-end of the stick, more so due to other reasons surrounding their issuances, rather than the method itself.

For Kik, it was the financial situation and Kin’s drop in valuation, while for Telegram, it was the platform’s reported use by terror-elements. The regulatory decision for Block.one underlined the case for a more nuanced approach to token regulations, which looked at the lifetime of a token. Blockstack’s case also spelled out the alternative to IPO-means towards securing an SEC green light for crypto-fundraising.

All-in-all, it can be stated that the SEC is looking at the complete picture of token issuance, issuer, network, means, and amount before regulations are meted out.

Token issuances are not dead, they’re evolving.

Kik Continues Legal Battle With SEC, Requests Trial Date Definition

Is the Future of Blockchain Tech Innovation in the East?

In brief A judge didn't buy Ripple's request to dismiss a class-action lawsuit against it. The judge seemed to assume, for now, that XRP is a security, a lawyer told Decrypt. Should the court rule in favor of the plaintiffs, it could have widespread effects on the market. Ripple Lab Inc., the company behind the XRP cryptocurrency, failed to convince a judge on Wednesday to dismiss a class-action lawsuit that could force the San Francisco-based company to return all of XRP’s investors’ money, and take the coin off the market entirely. 

Since XRP is the third-most popular cryptocurrency by market cap and trades almost $3 billion per day, such a ruling could crash the cryptocurrency market. A ruling against Ripple would also set a legal precedent that would make it easier for disgruntled investors to go after the creators of other cryptocurrencies, such as Kik Messenger and Telegram, which are battling similar allegations from the SEC.

The plaintiffs, various disgruntled investors who bought into XRP at an early stage, allege that San Francisco-headquartered Ripple sold them XRP under false pretenses, and that the sale constituted an unregistered securities offering under US law. 

They argue that under the decades-old yardstick for determining whether or not an asset constitutes a security, the Howey Test, XRP constitutes a security. And if a cryptocurrency token is an unregistered security, then Ripple’s token sale would have been illegal, and Ripple might have to give investors their money back.

Ripple asked a federal judge in Oakland, California to throw the case out because of the amount of time that has passed since the initial sale: XRP was offered over five years ago. But US District Judge Phyllis Hamilton refused to dismiss the case. 

And, what’s more, her arguments for doing so appear to rely on the assumption—for the purposes of this early-stage motion, at least—that XRP does, in fact, constitute a security under US Securities Law, Jason Gottlieb, a partner of Morrison Cohen LLP who’s experienced in crypto litigation, told Decrypt.

In her response to the motion to dismiss, Judge Hamilton refers to a statute of limitations issue under the Private Securities Litigation Reform Act, “which would only apply if XRP were a security,” he said. 

Judge Hamilton also evaluated whether Ripple was a “seller” under securities laws, as well as liability issues under federal securities laws. “You wouldn’t be looking at those unless you had determined, for the purposes of this motion, that XRP is a security,” said Gottlieb.

Jake Chervinsky, General Counsel of DeFi product Compound Finance, agreed: “The securities claims survive. XRP stays in the crosshairs,” he tweeted on Wednesday.

Gottlieb pointed out that Judge Hamilton doesn’t exclude an argument against this at a later stage of litigation. But at this stage, “Even Ripple knows that arguing that [XRP] is not a security on a motion to dismiss is a fool's errand,” he said. 

The case won’t be settled anytime soon, said Gottlieb. Judge Hamilton invited the plaintiff’s to amend their complaint that Ripple lied to them, but should Judge Hamilton deny another motion to dismiss after that; then to discovery; and then, if things still aren’t resolved, a trial. “It's hard to imagine a trial happening in calendar 2020,” he said. (Of course, the parties could settle at any point). 

But should a judge rule that XRP is a security, that could have widespread effects on the cryptocurrency industry—and not just because Ripple might have to give investors their money back. Such a legal precedent could make it easier for investors to claim back billions raised in other token sales, which could also be ruled to constitute unregistered securities offerings. 

“XRP is widely traded in the secondary market; it could really create some havoc,” said Gottlieb.

And should financial institutions wish to keep trading securities, financial service firms, like crypto exchanges, investment funds, and trading firms, might be subject to registration and licensing, according to the website of the Crypto Ratings Council, an industry body set up to help crypto startups determine which blockchain-based tokens qualify as securities.

Other major ongoing cases are those levied by the SEC against the blockchain networks of Telegram, the operator of the 300-million-strong messaging app, and Kin, a blockchain network formerly owned by Kik, which coincidentally also runs a messaging app of a similar size. The SEC claims that the $1.7 billion Telegram raised, and the $100 million Kin raised, in ICOs constituted an unregistered securities sale. 

Just like the XRP case, if the judge rules in the SEC’s favor, Telegram might have to give investors their money back. It would also create a legal precedent, said Gottlieb, but would come with the SEC’s additional bite of “injunctive relief,” which would prevent Telegram from running token sales in the future. 

What it all boils down to is this: should any of these major cases result in a judgment that one of these token sales constitutes an unregistered securities sale, then not only will that affect the other major cases, but the legal precedent developed could make it easier for similar cases to be settled in the future.

Yankun Guo, a lawyer who set up her own practice in Chicago to help early-stage startups, told Decrypt that crypto startups, hedge funds, and companies considering token offerings ought to "pay attention to who their investors are (accredited or not), as well as the disclosures they are putting out around their companies and tokens."

Her advice might have come too late for the crypto companies battling court cases with investors. Though investors would surely benefit from court rulings in their favor, the crypto economy as a whole might suffer, particularly if future lawsuits drain money from the market.

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Rubio: US and Iran to continue technical consultations at the end of this month

Multiple foreign media outlets reported on the 24th that US Secretary of State Rubio said technical teams from the United States and Iran will hold further talks in Switzerland by the end of June. (Xinhua News Agency)

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Over the past 24 hours, total crypto market liquidations hit $606 million, with more than 130,000 traders liquidated.

According to Coinglass data, the global cryptocurrency market recorded $606 million in liquidations over the past 24 hours, including $542 million in long-position liquidations and $68.22 million in short-position liquidations. A total of 135,785 traders worldwide were liquidated in the same period, with the largest single liquidation order occurring on Binance’s BTCUSDT trading pair, valued at $12.0111 million.

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During intraday trading in U.S. stocks, crypto-related concept stocks fell broadly, with MSTR dropping more than 7%.

According to Bitget market data, the three major U.S. stock indexes rose broadly: the Dow Jones Industrial Average gained 0.94%, the S&P 500 increased 0.60%, and the Nasdaq rose 0.63%. Crypto-related stocks fell across the board, with declines as follows: Strategy (MSTR) down 7.33%; Circle (CRCL) down 4.35%; Bitmine (BMNR) down 3.97%; Coinbase (COIN) down 3.73%; Robinhood (HOOD) down 3.70%; Gemini (GEMI) down 3.27%; Bullish (BLSH) down 3.25%; Sharplink (SBET) down 3.19%.

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Rubio: US and Iran to continue technical consultations at the end of this month

Multiple foreign media outlets reported on the 24th that US Secretary of State Rubio said technical teams from the United States and Iran will hold further talks in Switzerland by the end of June. (Xinhua News Agency)

6 hours ago

Over the past 24 hours, total crypto market liquidations hit $606 million, with more than 130,000 traders liquidated.

According to Coinglass data, the global cryptocurrency market recorded $606 million in liquidations over the past 24 hours, including $542 million in long-position liquidations and $68.22 million in short-position liquidations. A total of 135,785 traders worldwide were liquidated in the same period, with the largest single liquidation order occurring on Binance’s BTCUSDT trading pair, valued at $12.0111 million.

6 hours ago

Bitcoin falls below $60,000

According to HTX market data, Bitcoin has fallen below $60,000, with a 4.3% drop in the past 24 hours.

6 hours ago

US Treasury Secretary: AI boom may boost productivity and help curb inflation.

US Treasury Secretary Bessent told CNBC in an interview that he hopes the Federal Reserve will remain "open-minded" about the inflation pattern after the reversal of Iran-related energy price hikes. Bessent noted that the U.S. could enter an economic environment marked by high GDP growth without a corresponding rise in traditional inflation. He cited that in the 1990s, Alan Greenspan foresaw that office modernization and the internet could drive non-inflationary growth, and allowed the economy to keep expanding. Bessent believes the U.S. has a strong chance of seeing a similar scenario again. When asked whether the Fed still needs to worry about potential inflation and whether interest rate cuts are possible this year or next, Bessent declined to comment. However, he argued that it is necessary to stay open-minded about the price or inflation impacts from the Iran conflict, and monitor inflation performance after those effects subside. Bessent also said an open mind is needed, as the AI boom could boost productivity and deliver disinflationary effects, helping inflation return to the Fed’s target level. He added that he believes Kevin Warsh will choose the optimal path that meets both the Fed’s inflation and growth mandates. Bessent also noted that Warsh previously took a hawkish stance on inflation.

6 hours ago

US stocks' intraday storage sector sees broad declines, with Western Digital and Seagate Technology both falling over 4%.

According to Bitget data, during U.S. stock trading hours, the storage sector saw broad declines: Western Digital (WDC) fell 4.47%, Seagate Technology (STX) dropped 4.17%, SanDisk (SNDK) declined 2.31%, and Micron Technology (MU) edged down 0.96%. Most optical communication concept stocks rose, with Corning (GLW) leading the gains at 9.75%, followed by Ciena (CIEN) up 3.24%, Coherent (COHR) rising 2.93%, Lumentum (LITE) gaining 2.61%, and Nokia (NOK) advancing 1.82%. Additionally, Marvell Technology (MRVL) fell 2.59% and Applied Optoelectronics (AAOI) declined 1.90%.

6 hours ago

During intraday trading in U.S. stocks, crypto-related concept stocks fell broadly, with MSTR dropping more than 7%.

According to Bitget market data, the three major U.S. stock indexes rose broadly: the Dow Jones Industrial Average gained 0.94%, the S&P 500 increased 0.60%, and the Nasdaq rose 0.63%. Crypto-related stocks fell across the board, with declines as follows: Strategy (MSTR) down 7.33%; Circle (CRCL) down 4.35%; Bitmine (BMNR) down 3.97%; Coinbase (COIN) down 3.73%; Robinhood (HOOD) down 3.70%; Gemini (GEMI) down 3.27%; Bullish (BLSH) down 3.25%; Sharplink (SBET) down 3.19%.

6 hours ago

Rubio: US and Iran to continue technical consultations at the end of this month

Multiple foreign media outlets reported on the 24th that US Secretary of State Rubio said technical teams from the United States and Iran will hold further talks in Switzerland by the end of June. (Xinhua News Agency)

6 hours ago

Over the past 24 hours, total crypto market liquidations hit $606 million, with more than 130,000 traders liquidated.

According to Coinglass data, the global cryptocurrency market recorded $606 million in liquidations over the past 24 hours, including $542 million in long-position liquidations and $68.22 million in short-position liquidations. A total of 135,785 traders worldwide were liquidated in the same period, with the largest single liquidation order occurring on Binance’s BTCUSDT trading pair, valued at $12.0111 million.

6 hours ago

Bitcoin falls below $60,000

According to HTX market data, Bitcoin has fallen below $60,000, with a 4.3% drop in the past 24 hours.

6 hours ago

US Treasury Secretary: AI boom may boost productivity and help curb inflation.

US Treasury Secretary Bessent told CNBC in an interview that he hopes the Federal Reserve will remain "open-minded" about the inflation pattern after the reversal of Iran-related energy price hikes. Bessent noted that the U.S. could enter an economic environment marked by high GDP growth without a corresponding rise in traditional inflation. He cited that in the 1990s, Alan Greenspan foresaw that office modernization and the internet could drive non-inflationary growth, and allowed the economy to keep expanding. Bessent believes the U.S. has a strong chance of seeing a similar scenario again. When asked whether the Fed still needs to worry about potential inflation and whether interest rate cuts are possible this year or next, Bessent declined to comment. However, he argued that it is necessary to stay open-minded about the price or inflation impacts from the Iran conflict, and monitor inflation performance after those effects subside. Bessent also said an open mind is needed, as the AI boom could boost productivity and deliver disinflationary effects, helping inflation return to the Fed’s target level. He added that he believes Kevin Warsh will choose the optimal path that meets both the Fed’s inflation and growth mandates. Bessent also noted that Warsh previously took a hawkish stance on inflation.

6 hours ago

US stocks' intraday storage sector sees broad declines, with Western Digital and Seagate Technology both falling over 4%.

According to Bitget data, during U.S. stock trading hours, the storage sector saw broad declines: Western Digital (WDC) fell 4.47%, Seagate Technology (STX) dropped 4.17%, SanDisk (SNDK) declined 2.31%, and Micron Technology (MU) edged down 0.96%. Most optical communication concept stocks rose, with Corning (GLW) leading the gains at 9.75%, followed by Ciena (CIEN) up 3.24%, Coherent (COHR) rising 2.93%, Lumentum (LITE) gaining 2.61%, and Nokia (NOK) advancing 1.82%. Additionally, Marvell Technology (MRVL) fell 2.59% and Applied Optoelectronics (AAOI) declined 1.90%.

6 hours ago

During intraday trading in U.S. stocks, crypto-related concept stocks fell broadly, with MSTR dropping more than 7%.

According to Bitget market data, the three major U.S. stock indexes rose broadly: the Dow Jones Industrial Average gained 0.94%, the S&P 500 increased 0.60%, and the Nasdaq rose 0.63%. Crypto-related stocks fell across the board, with declines as follows: Strategy (MSTR) down 7.33%; Circle (CRCL) down 4.35%; Bitmine (BMNR) down 3.97%; Coinbase (COIN) down 3.73%; Robinhood (HOOD) down 3.70%; Gemini (GEMI) down 3.27%; Bullish (BLSH) down 3.25%; Sharplink (SBET) down 3.19%.

6 hours ago