Tag Archives: Ezra Newman

SEC’s Inaction Against Most Initial Coin Offerings Sends More Mixed Messages on Crypto Enforcement

by Stephan Schlegelmilch, Ezra Newman, and Cameron Wolfe

The image shows the photos of the authors

From left to right: Stephan Schlegelmilch, Ezra Newman, and Cameron Wolfe

The recent wave of bankruptcies in the crypto industry, culminating in the collapses of Celsius, BlockFi, and FTX, has spurred financial regulators to adopt a more aggressive tone when discussing their enforcement priorities.[1]  For instance, when announcing charges against FTX Founder Sam Bankman-Fried (“SBF”) for allegedly orchestrating a scheme to defraud FTX’s equity investors,[2] Securities and Exchange Commission (“SEC”) Chair Gary Gensler trumpeted that the charges were a “clarion call to crypto platforms that they need to come into compliance with our laws.”[3] Chair Gensler went on to threaten platforms that do not comply with the SEC’s interpretation of the securities laws, stating that “the SEC’s Enforcement Division is ready to take action.”[4]

Continue reading

Will the SEC Let BlockFi Register Digital Asset Interest Accounts?

Digital asset interest accounts, often known as “crypto interest accounts” or “crypto savings accounts,” constitute a rapidly growing segment of the market for digital assets products despite significant regulatory uncertainty.  Investors in digital asset interest accounts lend their crypto assets to a borrower company in exchange for the company’s promise to provide a variable monthly interest payment.  These accounts typically promise interest rates significantly higher than those offered by traditional bank savings accounts or high-yield savings accounts.  While offeror companies often assure investors that the risks in investing in these accounts are no greater than in traditional savings accounts, these accounts often have built-in fees and limits and, importantly, are not backed by federal bank deposit insurance.

Continue reading