SEC Ruling Issued Against BitClave ICO
Unregistered $25.5-million ICO issuer ordered to return money to investors
What Happened?
May 28, 2020: The Securities and Exchange Commission (SEC) found BitClave PTE Ltd. of San Jose, California conducted an unregistered Initial Coin Offering (ICO) between June and November 2017.
Source: https://www.sec.gov/news/press-release/2020-124
Who Is Impacted?
The 9,500+ investors who invested USD $25.5 million into BitClave’s Consumer Activity Token (CAT).
Why This Matters?
Because it was never registered as a security, the public sale of the CAT token violated the registration provisions of federal securities laws in the United States.
In the US, securities issuers must follow registration requirements, or use a registration exemption such as Reg D or Reg CF. Token issuers that use US exemptions must follow specific restrictions and thresholds – for both the primary sale and the secondary market of any security they issue. BitClave has been ordered by the SEC to return all the funds they acquired through this token sale.
What’s Next?
Without admitting or denying the SEC’s findings, BitClave has agreed to pay a total disgorgement of USD $25,500,000, a prejudgment interest of USD $3,444,197, and a penalty of USD $400,000. The SEC’s order also establishes a Fair Fund to return monies paid by BitClave to the 9,500+ injured investors.
Finally, BitClave has also agreed to transfer all of the remaining CAT in its possession to the fund administrator for permanent disabling, publish a notice of the SEC’s order through their site, and request the removal of CAT from all virtual asset trading platforms currently listed for sale or trade.
learn more
Is your AML compliance too expensive, time-consuming, or ineffective?
iComply enables financial services providers to reduce costs, risk, and complexity and improve staff capacity, effectiveness, and customer experience.
Request a demo today.
The Crucial Role of KYB in Business Compliance: Insights from the 5th AML Directive
Today’s global business market features more interconnectivity and decentralized options than ever before, making the need for regulatory compliance crucial. The Fifth Anti-Money Laundering Directive (5AMLD) has placed an increasing focus on the importance of Know...
Exploring the Changing Landscape of Digital ID Verification
Robust identity verification has become an absolute necessity when combating the rapidly evolving nature of cybercrime. As technology continues to progress, mass usership and a rise in decentralized banking and other forms of cloud based services have brought...
Navigating FINRA Compliance: 5 Key Pillars for Financial Professionals
With the financial sector moving faster than ever and encountering more unique circumstances due to decentralized competition at the helm, regulatory oversight has become paramount to safeguarding the integrity of the financial markets and protecting investors. The...