Crypto
SEC Chairman Ramps up Cryptocurrency Enforcement: $281M in Penalties Imposed in 2023
The US Securities and Exchange Commission (SEC) increased its cryptocurrency enforcement actions by 53% in 2023. According to a new report, the 46 crypto enforcement actions carried out under Chairman Gary Gensler last year were the most the agency has carried out since 2013.
The SEC instituted 26 cases in US federal courts and 20 administrative proceedings in 2023. The total penalties imposed by the agency amounted to $281 million.
SEC Targets Cryptocurrency Securities
Around 82% of the SEC’s cases included fraud charges, while 37% addressed unregistered securities in initial coin offerings (ICOs). In total, the SEC’s actions targeted 124 defendants, of which 46% were firms and 54% were individuals.
According to Abe Chernin of Cornerstone Research’s Fintech practices, the SEC has focused on alleged violations of the so-called Howey Test for securities. Coinbase is currently fighting allegations it operated as an unregistered broker-dealer, while Kraken paid the SEC $30 million to settle allegations of selling unregistered securities.
The agency instituted administrative proceedings involving non-fungible tokens (NFTs) for the first time in 2023. It charged the creators of the Stoner Catz web television series with raising $8 million for their show through the sales of Stoner Catz NFTs.
The SEC Chairman is Not Done Yet
According to former SEC official John Reed Stark, the agency will likely pursue more enforcement actions against exchanges in 2024. Stark said more enforcement was necessary because most exchanges operate without regulatory oversight.
He said a primary concern is the conflicts of interest in many crypto businesses. For example, the SEC sued crypto and stock brokerage Robinhood in December 2020 for routing customer orders in a way that didn’t prioritize getting the best deal for customers.
In June last year, the agency took Coinbase, the largest US crypto exchange, to task for depriving “investors of significant protections…and safeguards against conflicts of interest” and offering 12 tokens as unregistered securities.
Read more: What Does It Mean To Receive a Wells Notice From the SEC?
The judge said last week in a hearing that the SEC’s standard of what constitutes security is defined too broadly. US District Judge Katherine Polk Failla said of the SEC’s assertions of its jurisdictions,
“I want to understand how your standard does not sweep in the collectible market or commodities. It is a real fear that I have that your argument is just sweeping too broadly.”
Failla is expected to issue a ruling in the coming months. If she allows any part of the case to continue, the lawsuit could make it to trial next year.
Read more: Who Is Gary Gensler? Everything To Know About the SEC Chairman
In the long run, SEC chair Gary Gensler sees enforcement actions as a tool rather than a destination. The head of the SEC’s Crypto Assets and Cyber Units, David Hirsch, affirmed the agency’s goal to police the decentralized finance space.
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Crypto
Crypto mogul Do Kwon sentenced to 15 years in prison over $40B ‘epic fraud’
Do Kwon, the South Korean cryptocurrency entrepreneur behind two digital currencies that lost an estimated $40 billion in 2022, was sentenced on Thursday to 15 years in prison for for what a judge called an “epic fraud.”
U.S. District Judge Paul A. Engelmayer, who handed down the sentence, sharply rebuked Kwon for repeatedly lying to everyday investors who trusted him with their life savings.
“This was a fraud on an epic, generational scale. In the history of federal prosecutions, there are few frauds that have caused as much harm as you have, Mr. Kwon,” Engelmayer said during a hearing in Manhattan federal court.
Kwon, 34, who co-founded Singapore-based Terraform Labs and developed the TerraUSD and Luna currencies, previously pleaded guilty and admitted to misleading investors about a coin that was supposed to maintain a steady price during periods of crypto market volatility.
He is one of several cryptocurrency moguls to face federal charges after a slump in digital token prices in 2022 prompted the collapse of a number of companies.
Dressed in yellow prison garb, Kwon addressed the court and apologized to his victims, including the hundreds who submitted letters to the court describing the harm they had suffered.
“All of their stories were harrowing and reminded me again of the great losses that I’ve caused. I want to tell these victims that I am sorry,” Kwon said.
Ayyildiz Attila, one of the hundreds of victims who submitted letters to the court, said he lost between $400,000 and $500,000 in the collapse.
“My savings, my future, and the results of years of sacrifice disappeared. I struggled to keep up with payments and responsibilities, and everything I had worked forwas erased,” Attila said.
Kwon’s lawyer Sean Hecker said in an email after the sentencing that Kwon spoke from the heart, expressed genuine remorse and will continue his efforts to make amends.
US Attorney Jay Clayton in Manhattan said in a statement following the hearing that Kwon devised elaborate schemes to inflate the value of his cryptocurrencies and fled accountability when his crimes caught up to him.
Prosecutors had asked for a sentence of at least 12 years in prison, saying the crash of Kwon’s Terra cryptocurrency caused billions of dollars in losses and triggered a cascade of crises in the crypto market.
Kwon’s lawyers had asked that he be sentenced to no more than five years so he can return to South Korea to face criminal charges.
Prosecutors charged Kwon in January with nine criminal counts for securities fraud, wire fraud, commodities fraud and money laundering conspiracy.
Kwon was accused of misleading investors in 2021 about TerraUSD, a so-called stablecoin designed to maintain a value of $1. Prosecutors alleged that when TerraUSD slipped below its $1 peg in May 2021, Kwon told investors a computer algorithm known as “Terra Protocol” had restored the coin’s value.
Instead, Kwon arranged for a high-frequency trading firm to secretly buy millions of dollars of the token to artificially prop up its price, according to charging documents.
Kwon pleaded guilty in August to two counts, conspiracy to defraud and wire fraud, and apologized in court for his conduct.
“I made false and misleading statements about why it regained its peg by failing to disclose a trading firm’s role in restoring that peg,” Kwon said at the time. “What I did was wrong.”
Kwon agreed in 2024 to pay $80 million as a civil fine and be banned from crypto transactions as part of a $4.55 billion settlement he and Terraform reached with the Securities and Exchange Commission.
He also faces charges in South Korea. As part of his plea deal, prosecutors will not oppose Kwon’s potential application to be transferred abroad after serving half his US sentence.
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