Quantstamp is a Blockchain security firm that raised funds through an initial coin offering (ICO). According to the SEC, in August 2017, Quantstamp released a White Paper with respect to its upcoming offering of a crypto asset called QSP, which described Quantstamp’s plans to develop a protocol on the Ethereum blockchain that would provide automated security
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Finally, a Court Decides – XRP, by Itself, is Not a Security. Your Turn, Congress.
By Phugger
On July 13, 2023, Judge Analisa Torres of the United States District Court or the Southern District of New York issued an Order on competing motions for summary judgment in the closely followed SEC v. Ripple Labs, Inc. litigation. As the first court decision to broadly address the question of whether a cryptocurrency itself is a security,…
United States Senate Shows Interest in Crypto Taxation
By Phugger
On July 11, 2023, the United States Senate solicited input from the public on the appropriate treatment of digital assets under US federal income tax law. Noting that uncertainty over the application of existing laws to transactions involving digital assets creates complex tax reporting issues for taxpayers, the Senate signaled that legislation may be required…
LBRY to Shut Down After Judge’s Decision That its Token Sale was an Unregistered Offering of Securities
By Phugger
In November 2022, U.S. District Judge Paul J. Barbadoro of the District of New Hampshire held that LBRY, Inc. had conducted unregistered offerings of securities in violation of § 5 of the Securities Act with respect to its offer of sale of its LBC token. That token was meant to be used by content creators and…
First U.S. Criminal Case Involving Attack on a Smart Contract Operated by Decentralized Exchange
By Phugger
On July 11, 2023, the Unites States Attorney’s office for the Southern District of New York announced that it had arrested Shakeeb Ahmed and charged him with wire fraud and money laundering in connection with his attack on a decentralized cryptocurrency exchange (the “Crypto Exchange”). Although the indictment did not identify the exchange, based on the…
U.S. Court Authorizes IRS to Serve on Cryptocurrency Exchange a John Doe Summons for Customer Information
By Phugger
About two years ago, we wrote a post about actions being taken by the U.S. Internal Revenue Service (“IRS”) in connection with its concern that cryptocurrency owners were underreporting or failing to report gains. One such action was the use of John Doe summonses. The IRS issues a John Doe summons when it wants to…
Canada: Consultation on AML/ATF Regime – Wide Implications for Digital Assets
By Phugger
On June 7, 2023, the Canadian Department of Finance issued a public consultation contemplating certain changes to Canada’s anti-money laundering and anti-terrorist financing (AML/ATF) regime (“Consultation Paper“), including proposals affecting virtual currency, digital assets, and technology-enabled finance in Canada.
The consultation paper can be accessed here and submissions may be made up to August 1, 2023.…
BlockFi Unsecured Creditors Seek to Liquidate the Company and End the “Extortion”
By Phugger
On June 27, 2023, the Official Committee of Unsecured Creditors (the “Committee”) in the BlockFi Chapter 11 bankruptcy reorganization case filed an Objection to the company’s Plan and essentially requested that the company be liquidated. The Official Committee is made up largely of 600,000 individual customers of BlockFi.
The Committee based its position on the…
SEC Agrees to Let Company Investors be Paid First in BlockFi Bankruptcy
By Phugger
BlockFi is a wealth management and trading firm for cryptocurrency holders that first commenced operations in 2017. In July 2021, we wrote about BlockFi’s bumpy road to going public, even though its valuation had just hit $5 billion. In February 2022, the SEC announced that BlockFi had agreed to pay $100 million in fines ($50…
Court Holds DAO May be Sued as “Person” and Orders the Shutdown of Ooki DAO Website
By Phugger
On June 8, 2023, Judge Orrick of the Northern District California entered an Order and Default Judgment in a case the U.S. Commodity Futures Trading Commission (“CFTC”) brought against the Ooki DAO. The case has garnered a lot of attention because of issues it raised concerning whether a DAO (a decentralized autonomous organization) could be…