According to the SEC’s complaint, Kraken offered and sold its staking[1] services to the general public in which participants could transfer crypto assets to Kraken in exchange for “advertised annual investment returns of as much as 21%” (the Kraken Staking Program). The SEC alleges that this Kraken Staking Program enabled Kraken to achieve a competitive … Continue Reading
Securities and Exchange Commission Chairman Gary Gensler makes no secret of his desire to bring cryptocurrency exchanges and tokenized offerings under his agency’s direct oversight. Gensler stepped up his advocacy with recent comments that the “vast majority” of tokens are in fact securities. The Federal Policy team’s Kevin Edgar co-authored an important summary of Gensler’s … Continue Reading
The Federal Policy team’s Kevin Edgar co-authored an important alert about the first insider trading cases involving cryptocurrency – a set of civil and criminal charges that have sent shockwaves throughout the blockchain industry. What does it mean for the future of crypto investing? Read the alert.… Continue Reading
House Financial Services Committee Chairwoman Maxine Waters is calling on Congress to increase funding for Securities and Exchange Commission (SEC) oversight of Wall Street’s “regulatory and market structure weak points.” With SEC Chairman Gary Gensler signaling stepped-up enforcement of public companies and other SEC registrants, Democrats on Capitol Hill are leveraging their majority status to … Continue Reading
Congress voted to give the Securities and Exchange Commission (SEC) sweeping new authority to prosecute violations by creating a 10-year statute of limitations for the agency to seek disgorgement of ill-gotten gains from securities fraud. A 1934 law had limited the SEC to seek disgorgement as a civil remedy only in administrative proceedings. But the … Continue Reading
Amid growing alarm on Capitol Hill over cybersecurity and data privacy, new Senate legislation would require publicly traded companies to disclose in Securities and Exchange Commission (SEC) filings whether they have cybersecurity experts on their boards of directors – and if not, explain why. Sen. Jack Reed, D-R.I., said his legislation is meant to encourage … Continue Reading
Below is the Federal Policy team’s weekly preview, published each week when Congress is in session. HEADLINES • President Donald Trump on Tuesday will meet with House Speaker Nancy Pelosi, D-Calif., and Senate Democrat Leader Chuck Schumer, D-N.Y., to discuss funding for a wall along the Mexican border and try to avert a partial government … Continue Reading