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Before Investing In Crypto (Or Anything, Really) Run Your Adviser’s Name Through This SEC Website – Above the Law

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Before Investing In Crypto (Or Anything, Really) Run Your Adviser’s Name Through This SEC Website – Above the Law

Despite having written fairly extensively about cryptocurrency for years now, I still haven’t heard a very good argument about what the damn stuff is actually for.

Probably the best use case that’s been described to me (other than as a medium of exchange for black market transactions) is that it’s digital gold. This sort of makes sense in that the value of cryptocurrency is derived at least in part from its scarcity.

Yet, unlike crypto, as a store of value gold has the benefit of millennia of history behind it, as well as quite a few proven utilitarian applications. Plus, gold is generally harder to steal than cryptocurrency in that any would-be thief must be physically located wherever the gold is.

I wouldn’t wholeheartedly recommend either gold or cryptocurrency as an investment. That being said, if you really like heavy metals and/or enjoy gambling in hyper-speculative markets, you’re an adult, have fun. But at least do the bare minimum in checking up on your human point of contact before you make any sort of investment.

The U.S. Securities and Exchange Commission runs a website where you can check out your investment professional. You can search for individuals or firms and find out whether they are licensed with the SEC, with one or more states, and/or with the Financial Industry Regulatory Authority.

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Now, not all financial professionals have to register with the SEC or the states. But even exempt investment advisers may nonetheless be required to fill out certain disclosures about their business operations in what’s known as Form ADV; this information will appear in a search. You will also get information about past registrations with state securities regulators, criminal convictions, regulatory events, and involvement as a defendant in civil litigation.

It takes what, moments to click one of the links in the preceding paragraphs and then simply type in the name of the person asking you to hand over thousands of dollars to them? Don’t try to tell me you don’t have the time for this or are too bad with technology to figure it out.

Obviously, if a ton of scary sounding things come up when you run someone through the SEC’s website, you probably should not trust this person with your money. If nothing comes up at all about a person who is encouraging you to invest money with them, that likely signals a problem too.

“Unlicensed, unregistered persons commit much of the investment fraud in the United States,” according to the SEC. Well, let’s just go ahead and put that to the test.

The SEC recently charged Richard Heart, also known as Richard Schueler, with conducting unregistered offerings of cryptocurrency asset securities to raise more than $1 billion in crypto assets from investors. The SEC alleges that Mr. Heart misappropriated millions from his investors to purchase sports cars, luxury watches, and, of course, a 555-carat black diamond called “The Enigma.” Let’s see, nope, no “Richard Heart,” no “Richard Schueler” coming up in the SEC’s Investor.gov search tool. Bet the alleged victims wish they’d have taken 10 seconds to do that.

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This system is not a silver bullet. Licensed and registered investment advisers occasionally engage in wrongdoing, too, and there seems to be a flaw in the system in that pending civil penalties do not immediately appear on an investment adviser’s report. Still, almost everyone who invests and needs someone else’s help doing it is going to be better off using a licensed, registered investment adviser, and almost everyone who uses a licensed, registered investment adviser is going to be better off knowing a bit more about that person’s background before turning over any funds.

If you’re reading this, you’re probably already in a demographic that is somewhat immunized against investment scams. But many retail investors don’t even know there’s a website where you can look someone up to see whether or not they’re a legit investment adviser. Maybe pass along the info to grandma or gramps before the next purported investment savant starts passing around the hat at church

It’s quick, it’s easy, you’re out nothing by using this system. And hey, you might save yourself a lot of trouble.


Jonathan Wolf is a civil litigator and author of Your Debt-Free JD (affiliate link). He has taught legal writing, written for a wide variety of publications, and made it both his business and his pleasure to be financially and scientifically literate. Any views he expresses are probably pure gold, but are nonetheless solely his own and should not be attributed to any organization with which he is affiliated. He wouldn’t want to share the credit anyway. He can be reached at jon_wolf@hotmail.com.

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Prosecutor Says US Attorney’s Office Will Pursue Fewer Crypto Cases | PYMNTS.com

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Prosecutor Says US Attorney’s Office Will Pursue Fewer Crypto Cases | PYMNTS.com

The U.S. Attorney’s Office in Manhattan reportedly will pursue fewer cases related to cryptocurrency.

Scott Hartman, co-chief of the securities and commodities task force at the U.S. Attorney’s Office for the Southern District of New York, said Friday (Nov. 15) that the office has fewer prosecutors working on crypto cases than it did during the crypto winter, Reuters reported Friday.

“We brought a lot of big cases in the wake of the crypto winter — there were a lot of important fraud cases to bring there — but we know our regulatory partners are very active in this space,” Hartman said at a conference hosted by the Practicing Law Institute in New York, according to the report.

The Manhattan U.S. Attorney’s Office secured several convictions related to crypto crime, including that of FTX founder Sam Bankman-Fried, the report said.

Current U.S. attorney Damian Williams, who was appointed by President Joe Biden, is set to be replaced by Jay Clayton, who was nominated for the post by President-elect Donald Trump, per the report.

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Clayton led the Securities and Exchange Commission (SEC) during Trump’s first term and was less aggressive at pursuing crypto cases than current SEC Chair Gary Gensler, the report said.

It was reported Tuesday (Nov. 12) that the price of bitcoin leaped after Trump’s election victory, driven by enthusiasm for the advent of a pro-crypto White House.

While Trump at one time called cryptocurrencies a scam, he changed his tune during his third bid for the White House, pledging to turn the U.S. into the “crypto capital of the planet” and to establish a national bitcoin stockpile.

Trump has also been a vocal critic of Gensler, who has taken a tough stance on the crypto industry. The president-elect’s promise to replace Gensler with a more crypto-sympathetic regulator has led to speculation that the SEC would take a more hands-off stance under a new chair.

In other sectors of the economy, experts predicted Trump would roll back some of the antitrust policies instituted under Biden. This could include abandoning the Department of Justice’s efforts to break up Google, which has been under scrutiny for monopolistic practices.

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New York judge allows Greenidge cryptocurrency mining to continue in Finger Lakes

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New York judge allows Greenidge cryptocurrency mining to continue in Finger Lakes

The cryptocurrency company Greenidge Generation has been allowed to continue to operate its power plant in Yates County for the time being, after a judge ruled Thursday that the Department of Environmental Conservation did not justify its final denial of the company’s permit application.

Greenidge burns fossil fuels at the plant, which sends energy to New York’s grid and powers machines that generate bitcoin. That process puts greenhouse gasses into the atmosphere, which contribute to climate change.

Earlier this year, the DEC upheld its previous decision to deny the company’s request to renew its permit to operate the power plant. The department said the plant’s operations were inconsistent with the state’s climate law, which requires New York to reduce its greenhouse gas emissions by 40% by 2030.

The company sued the state over that denial, arguing that the the DEC overreached in how it applied the climate law.

On Thursday, New York Supreme Court Judge Vincent Dinolfo ruled that the DEC does have the authority to deny a permit under the climate law, but the department’s justification in its final denial in this case was insufficient.

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Dinolfo ordered that the DEC’s decision to deny Greenidge’s permit application be annulled and remitted the case to the department, meaning that a lower administrative court must provide more justification of how the plant’s operations are inconsistent with the climate law.

In the meantime, Greenidge is permitted to continue to operate the power plant. In a statement Thursday, the company celebrated the ruling.

“The ruling ensures our facility will continue operating and our local employees will not have their careers ripped away,” read the statement.

Greenidge also alleged that the DEC’s initial denial was “politically motivated.” The company has been fighting with the DEC for years over its permit.

“The damage caused to our company and employees by the recklessness of the DEC and all those who lied about our operation is real,” the statement continued. “Today the Court set the record straight – we were right, and the state and its allies were wrong.”

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A DEC spokesperson said that the decision confirmed the department’s authority to deny permits if an application does not meet the requirements of the climate law.

“As the matter was remanded back to DEC for further administrative proceedings, DEC cannot comment further on pending litigation,” the spokesperson said.

Environmental stakes

In his ruling, Dinolfo noted that the DEC can refuse to renew a permit based on climate impacts — but it must adequately justify its decision based on the climate law.

Environmental advocates say for that reason, the ruling underscores the power of the state’s climate law.

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“The judge confirmed what we knew: that the New York State Department of Environmental Conservation has the authority to deny air permits — including renewal air permits — under the [climate law],” said Mandy DeRoche, an attorney with Earthjustice who is representing environmental groups involved in the case. “New York now can be confident that it can make decisions to protect our climate, the health and well-being of all New Yorkers.”

However, DeRoche noted that environmental groups are disappointed that Greenidge is allowed to continue to operate as the legal proceedings continue.

“It’s a big loophole,” said DeRoche. “You can get your air permit denied or modified, and then you can continue to operate and pollute like you were before, just because you have the deep pockets and the funds to continue litigating.”

The ruling requires an administrative court to now reconsider Greenidge’s permit renewal application and to provide justification for the claim that the plant’s operations would be inconsistent with the state climate law. Then, the case will likely return to the state Supreme Court.

That process is expected to take months — a timeline that concerns other local environmental advocates.

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“For years, Greenidge has been polluting local air and spewing climate-warming greenhouse gasses into the atmosphere,” said Yvonne Taylor, vice president of Seneca Lake Guardian, one of the groups involved in the case. “It’s absurd that Greenidge is still operating, and we will keep fighting until the facility is shut down.”

The state had initially ordered Greenidge to shut down the power plant by Sept. 9.

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Michigan authorities warn of rise in cryptocurrency scams

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Michigan authorities warn of rise in cryptocurrency scams

MONROE COUNTY, Mich. – Authorities in Monroe County are warning residents about an increase in cryptocurrency scams.

The Monroe County Sheriff’s Office said scammers are using cryptocurrency to deceive victims into transferring money or personal information. The scams can come in emails, texts or phone calls and can include lottery, tech support and romance scams — all trying to get information.

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In October, the Washtenaw County Sheriff’s Office also warned residents of a rise in cryptocurrency scams.

No government agency will ever ask a resident to pay for a fine or ticket with cryptocurrency or a gift card. There will always be the option to pay with cash in person.

Law enforcement will never call someone and demand payment.

Anyone who is contacted by someone posing as a government agency that tries to get them to pay in cryptocurrency or a gift card is urged to contact the actual agency directly.

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Michigan State Police made a similar warning to residents. Police in Northville Township also reported such a scam recently after a resident reportedly was scammed out of roughly $300,000.

More than $5.6 billion was lost nationally due to cryptocurrency scams last year, a significant increase from 2022 and 2021. According to the FBI, Michiganders lost $79,894,360 in cryptocurrency scams in 2023.

Michigan Attorney General Dana Nessel has released several warnings and tips about similar phone scams that can be read here. More information on avoiding and reporting scams can be found on the Federal Trade Commission website.

Consumer complaints can be filed online on the Attorney General’s website.

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