Crypto
SEC Tags Nvidia for Alleged Disclosure Insufficiencies in its Cryptocurrency Mining Business | JD Supra
Key Takeaways
- The United States Securities and Exchange Commission announced a settlement against chip manufacturing company Nvidia Corporation, on May 6, 2022, for inadequate disclosures concerning the impact of cryptocurrency mining on the company’s gaming business.
- The SEC fined Nvidia US$5.5 million, alleging that in back-to-back quarters in fiscal year 2018, Nvidia failed to disclose that cryptocurrency mining was a “significant element” of its revenue growth from sales of chips designed for gaming. The SEC alleged that Nvidia knew that the increased sales were, in significant part, driven by cryptocurrency mining.
- The SEC focused on the potential harm to investors from the company’s alleged decision to withhold information that would have clearly pointed to cryptocurrency mining as the driving force behind the surge in gaming revenue.
- Nvidia’s settlement should serve as a warning to public companies that regulators are keenly focused on disclosures related to cryptocurrency markets. Reporting companies whose business activities are impacted by cryptocurrency markets or who engage in practices that help increase cryptocurrency’s availability, such as cryptocurrency mining, yield farming, and staking, should ensure that they identify and properly disclose all material risks to and impacts on their operations.
Introduction
The recent boom in cryptocurrency markets has corresponded with increased demand for semiconductors since cryptocurrency mining—the process of obtaining cryptocurrency rewards in exchange for verifying transactions on distributed ledgers—requires substantial computing power. Nvidia Corporation designs and markets graphics processing units (“GPUs”) for use in gaming, but those GPUs may also be used to provide the computations necessary for mining on certain cryptocurrency networks. Nvidia is one of the two leading GPU manufacturers whose products are commonly used for cryptocurrency mining.
In a May 6, 2022 cease and desist order, the Securities and Exchange Commission announced that Nvidia would pay US$5.5 million to settle charges that it unlawfully obscured the amount of its sales dependent on cryptocurrency miners. Nvidia did not admit or deny the allegations.
The SEC’s Allegations
The allegations stem from Nvidia’s disclosures during two consecutive quarters in fiscal year 2018, during which time Nvidia’s GPUs became increasingly popular for mining cryptocurrencies such as ether and Zcash. As demand for cryptocurrencies rose in 2017, Nvidia customers increasingly used the gaming GPUs for cryptocurrency mining. Nvidia subsequently launched a product line of GPUs specifically for cryptocurrency mining, known as “CMPs” and marketed them to large mining operations.
This increased demand for Nvidia’s gaming GPUs contributed to a significant increase in Nvidia’s revenues in fiscal year 2018. Nvidia’s gaming revenue—which is how it reports its GPU sales—increased by 52%, year-over-year for the second fiscal quarter 2018, and by 25% year-over-year for the third fiscal quarter 2018.
According to the SEC, during this time, Nvidia “had information indicating that cryptomining was a significant factor in the year-over-year growth in revenue for the company’s GPUs for [g]aming in its GPU business segment during the relevant period.” In addition, Nvidia’s analysts and investors routinely asked senior management about the extent to which cryptocurrency mining drove increases in gaming revenue.
However, per the SEC, the company did not sufficiently disclose the role of cryptocurrency mining in its gaming revenue figures for these quarters. This in turn, allegedly gave the misleading impression that these figures reflected reliable future growth, when in fact they were supposedly due to demand stemming from the volatile cryptocurrency market. According to the SEC, those omissions “deprived investors of critical information to evaluate the company’s business in a key market.”
Nvidia did disclose how cryptocurrency mining was affecting other segments of its business. The company identified cryptocurrency mining as a massive element of the OEM GPU sales within the GPU reportable segment revenue in its quarterly reports, which the SEC alleged created the impression that the company’s gaming business was not significantly affected by cryptocurrency mining.
The Nvidia investigation was conducted by an SEC unit responsible for protecting investors in the cryptocurrency markets and from cyber-related threats, which has recently nearly doubled in size.1
As the Nvidia settlement shows, reporting companies whose products, services, or business activities are impacted by cryptocurrency markets should ensure that they identify and properly disclose all material risks to and impacts on their operations in their applicable SEC filings.
Related SEC Guidance
The SEC has consistently expressed the view that cryptocurrency arrangements pose significant legal, technological and regulatory risks, all of which regulators claim can significantly impact an entity’s operations and financial condition. For example, in late March 2022,2 the SEC issued guidance stating that there are “significant” technological, legal, and regulatory risks associated with safeguarding cryptocurrency and, as a result, cryptocurrency should be reflected as a liability on companies’ balance sheets.
The SEC’s guidance and the Nvidia enforcement action signal that the SEC is paying close attention to disclosures regarding the risks associated with cryptocurrency, particularly as cryptocurrency is becoming more widely held. The Nvidia case is an important example of the ways in which cryptocurrencies are affecting the operations of a growing number of businesses, and the new risks that reporting companies must consider when analyzing their business and disclosure obligations.
Footnotes
1. https://www.sec.gov/news/press-release/2022-78
2. https://www.reuters.com/business/finance/us-sec-says-crypto-safekeeping-arrangements-should-be-treated-liability-2022-03-31
Crypto
Should You Forget Bitcoin and Buy Solana Instead? | The Motley Fool
Bitcoin‘s (BTC -0.48%) price hit an all-time high of $103,332 on Dec. 4. Four main catalysts drove it to that point: the approvals of its first spot price ETFs in January; its latest halving in April, which cuts its rewards for mining in half every four years; interest rate cuts; and President-elect Trump’s crypto-friendly policies.
Bitcoin’s price has pulled back to about $97,000 as of this writing, but it remains up more than 120% over the past 12 months. With a market capitalization of $1.93 trillion, it’s the world’s top cryptocurrency and seventh most valuable asset.
Bitcoin is still a solid long-term play on the cryptocurrency market, but it might have less upside potential than its smaller coins. Could one of those tokens be Solana (SOL -0.99%), which trades at about $190 with a market cap of $90 billion?
What sets Solana apart from Bitcoin?
Solana’s tokens are validated with the proof of stake (PoS) method, which doesn’t require any tokens to be digitally mined. That approach is faster and more energy efficient than the proof of work (PoW) mining mechanism used by Bitcoin.
PoW blockchains are only used for mining more tokens. PoS blockchains support smart contracts, which can be used to develop decentralized apps (dApps), games, non-fungible tokens (NFTs), and other crypto assets. PoS tokens can also be “staked,” or locked up, on the blockchain for a period of time to earn interest-like rewards.
Bitcoin’s value is often defined by its scarcity. It has a maximum supply of 21 million tokens, and nearly 20 million of them have already been mined. The last Bitcoin is expected to be mined in 2140, which makes it somewhat comparable to gold or silver.
Solana and other PoS tokens are usually valued by the speed of their blockchains and the growth of their developer ecosystems. Solana has a current supply of nearly 591 million tokens and no maximum supply, but it’s set to reduce its annual inflation rate, currently at 4.83%, by 15% every “epoch year,” which amounts to 450-630 days.
What sets Solana apart from other PoS tokens?
Solana is often overshadowed by Ethereum (ETH -1.34%), the world’s second largest cryptocurrency and top PoS blockchain. Ethereum has its own native token, Ether, but many other smaller PoS tokens, including Shiba Inu, Polygon, and Render, run on its blockchain. It’s easier to directly launch a new token on Ethereum’s blockchain than to build one from scratch, but these tokens are ultimately constrained by Ethereum’s speed limitations.
Solana is a newer PoS blockchain that accelerates its transactions with its own proof-of-history (PoH) mechanism. That upgrade already enables Solana’s blockchain to process transactions roughly 46 times faster than Ethereum, but it’s only achieved less than 2% of its theoretical max speed so far.
Solana’s high-speed blockchain has attracted a lot of developers and partners. It’s been used to develop meme coins such as BONK and WIF, and it powers decentralized exchanges including Jupiter and Orca. It supports stablecoin transactions for Visa, PayPal, and Circle, and it’s integrated its Solana Pay payment protocol into Shopify‘s platform.
Solana even launched its own Android smartphone for Web3 apps, the Saga Phone, in 2023. It’s still a niche gadget, but it sports its own dApps Store as an alternative to Alphabet‘s Google Play Store.
But over the past two years, Solana dealt with network congestion problems, spam transactions, and security failures. One of its top investors was also the failed crypto exchange FTX, which hastily liquidated its tokens at a discount to pay off its creditors. All of those challenges, along with rising interest rates, drove its price below $10 in December 2022.
What’s next for Solana?
Solana’s price has already soared nearly 19 times from its all-time low, but it could head even higher as it resolves its network issues, it laps FTX’s big sale, and interest rates gradually decline. Several big crypto firms, including Grayscale, Bitwise, and VanEck, have also recently filed for the approvals of Solana spot price ETFs.
Those ETF approvals could stabilize Solana’s price while bringing in more retail and institutional investors. They would also probably mark its transition from a smaller altcoin to a “blue chip” cryptocurrency such as Bitcoin and Ether.
But is Solana a viable alternative to Bitcoin?
Solana is an interesting alternative to Ether, but it’s not a viable replacement for Bitcoin yet. Solana might be a good investment if you believe it can keep increasing its speed, expanding its ecosystem, and gaining new ETF approvals. However, it’s still an inflationary token that’s much harder to value than Bitcoin.
It could be smart to invest in both Bitcoin and Solana, but investors should be aware of their differences. Bitcoin can be considered a digital alternative to gold, but Solana’s value will be defined by its transaction speeds and developer appeal.
Suzanne Frey, an executive at Alphabet, is a member of The Motley Fool’s board of directors. Leo Sun has no position in any of the stocks mentioned. The Motley Fool has positions in and recommends Alphabet, Bitcoin, Ethereum, PayPal, Render Token, Shopify, Solana, and Visa. The Motley Fool recommends the following options: long January 2027 $42.50 calls on PayPal and short December 2024 $70 calls on PayPal. The Motley Fool has a disclosure policy.
Crypto
How Bitcoin and other cryptocurrency made a strong comeback in 2024
As the year 2024 ends, here is a look at the performance of cryptocurrency, especially bitcoin, that turned fortune of the investors within days
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Crypto was not much known to a common man or small scale investors till the digital currencies in the basket, including the oldest and most-traded – bitcoin, broke all records to touch a new life-time high especially after Donald Trump’s win in the November 5, 2024 US Presidential election.
But before understanding about a strong comeback, let us understand what cryptocurrency is.
Cryptocurrency is a virtual or digital currency and is not in a physical coin or bill based. It can be used to buy goods and services and all the transactions take place online.
Cryptocurrency runs on the system of cryptography.
However, before 2024, crypto was just a fringe sideshow for the investing public. Now, crypto assets like bitcoin can now be owned and traded by Americans like a stock.
What gave more boost to cryptocurrency is the assurance of major legislative changes by the incoming administration in Washington to support the industry.
Investors who were holding bitcoin are up 130 per cent since the beginning of the year as the price of the largest cryptocurrency broke all records and surged past $100,000 following Trump’s triumph in November 2024 presidential elections. As per Coinmarketcap, the market value of all crypto rose by nearly $1.7 trillion.
Another factor that helped crypto surge was the US SEC approving Bitcoin and Ethereum ETFs earlier in the year. Following this financial giants including BlackRock and Fidelity significantly increased their crypto investments.
It was because of this, bitcoin rallied earlier in the year too as it witnessed massive demand from newly launched spot bitcoin exchange-traded funds (ETFs).
Also, enhanced blockchain infrastructure, with improved scalability and security features, attracted a host of new users.
Crypto’s upward movement began around the US Presidential election, when Trump promised to establish a crypto presidential advisory committee to draft robust regulations, enable individuals to mine bitcoin, allow self-custody of digital assets, and reduce government oversight.
He also proposed the idea of a strategic bitcoin reserve to position the US as the dominant “Bitcoin superpower.” The US President also proposed leveraging bitcoin reserves to reduce the US’ national debt.
Most of us associate with bitcoin when we hear about cryptocurrency, however, Pepe – a token inspired by the meme frog – emerged as the top performer with a market capatilisation surpassing $5 billion.
Pepe soared by a staggering 1,570.7 per cent, reaching a market cap of $9 billion.
Similarly, SUI, the native token for the Sui blockchain, posted a remarkable 509 per cent gain. According to Forbes report, Dogecoin, a favorite among meme coin enthusiasts and promoted by Elon Musk, surged 333.1 per cent.
Meme coins including Dogecoin and Shiba Inu were among the major contributors to the expansion of the crypto market in 2024.
After a well performing 2024, market participants are positive about the cryptocurrency prospects for 2025 as the Trump-led administration returns to the White House.
Most of the analysts and experts see bitcoin to reach $200,000 by the end of 2025.
Crypto
China’s new forex rules require banks to tighten scrutiny on crypto trades
The rules, applicable to local banks across mainland China, also require them to track such activities based on the identity of the institutions and individuals involved, source of funds and trading frequency, among other factors.
In addition, banks are required to put in place risk-control measures that cover those entities and restrict provision of certain services to them, the regulator said.
The latest rules reflect how Beijing continues to exercise draconian regulation to root out commercial cryptocurrency activities, such as bitcoin trading and mining, as the digital asset is considered a threat to the country’s financial stability.
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