New York AG Puts Crypto Exchanges in the Crosshairs

bitcoin trading market data

Following on the heels of the SEC’s announcement of subpoenas to crypto exchanges and token issuers, yesterday New York Attorney General Eric Schneiderman announced “the Virtual Markets Integrity Initiative,” which he described as “a fact-finding inquiry into the policies and practices of platforms used by consumers to trade virtual or ‘crypto’ currencies like bitcoin and…

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How One Simple Meeting Presages the Future of Federal Prosecution

data security

For many years, it has been the federal government, with its multitude of prosecutorial and regulatory arms, that has been able to throw its policing weight around, causing business owners to snap to attention with a crisp salute.  But as the traditional business model has morphed into clouds of technology-driven, international and multinational enterprises, this…

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National Media Turns to Jim Trusty for Authoritative Opinions on the Country’s Most Important Investigations and Prosecutions

james trusty on fox news

Ifrah Law partner Jim Trusty has become a staple in the national news lately: he is frequently asked to comment on the many investigations and prosecutions currently going on which involve former and current officials and operatives at the highest levels of government. With over 28 years of experience as a federal prosecutor with the…

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ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws

bitcoin and blockchain concept

This week, a federal district court in New York was the first to decide that federal securities laws may be used to prosecute fraud involving cryptocurrencies. In United States v. Zaslavskiy, Eastern District Judge Raymond Dearie held that the Securities Exchange Act of 1933 (“Exchange Act”) and Securities Act of 1933 (“Securities Act”) are broad…

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How to Raise Capital Through Registration Exempt ICOs

SEC-ICOS

The SEC has strongly indicated that initial coin offerings (ICOs) will be treated as securities, and thus must comply with various registration and disclosure requirements before being used to raise capital. Companies do have, however, several options for possible exemptions from the regulatory requirements that apply to registered public offerings. This chart outlines potential exemptions…

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Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing

Supreme Court of the United States of America

Deputy Attorney General Rod Rosenstein will be arguing before the Supreme Court today for the first time in his nearly thirty-year government career even as rumors abound that Donald Trump is talking about firing him to cut off investigations into his administration’s Russia ties.   Although the United States is usually represented before the Supreme…

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SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered

Metallic key in keyhole on blue digital code background

As previewed in our previous post, the United States Securities and Exchange Commission (“SEC”) unanimously approved new cybersecurity interpretive guidance—a format used to clarify the SEC’s views on security laws and regulations—on Wednesday of last week. The guidelines make no mention of how they affect and interplay with other regulators’ data privacy requirements, so whether…

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If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.

Investing and stock market concept

As predicted, the Securities and Exchange Commission (SEC) has taken additional steps to clamp down on the exploding ICO market: yesterday the Wall Street Journal  reported the agency had issued “dozens of subpoenas and information requests to technology companies and advisors.” After repeated warnings from regulators like SEC Chairman Jay Clayton, the SEC is now sending…

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