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SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

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31–38 of 38 posts

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#31
post #14

I am no libertarian, but this feels thoroughly unfair on a human level. EtherDelta was a noble pursuit in my book - it was useful, entrepreneurial and did not exploit anybody.

There's no doubt EtherDelta's system addressed many of the reasons traditional markets required regulation but EtherDelta is still a clear violation of the Exchange Act. All securities exchanges must be registered, most tokens are securities and EtherDelta was running an unregistered exchange selling those securities. That being said, this is a classic example of the law failing to keep pace with technology. Up until…

>EtherDelta is still a clear violation of the Exchange Act. All securities exchanges must be registered, most tokens are securities and EtherDelta was running an unregistered exchange selling those securities.

Let me get this straight:

Old men write words on dead trees.

Old men send men with guns to blow your brains out if you do not agree to their words.

These old men get their salary by stealing tax payer money and allowing convenience stores and gas stations to prey in the poor and all unfettered exchange of cash for lottery tickets.

But god forbid that a man wants to invest in a token startup.

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#32
post #24

Earlier quoted context omitted.

EtherDelta allows you to trade illegal securities, therefore EtherDelta is also illegal.

It allowed you to trade any ERC-20 token, indiscriminately. If you point an ERC-20 contract address to it, it would add it automatically to the user interface. Also, I'm not talking about if it's illegal or not, the point that I can't get over is that the ED guy didn't scam or hurt anyone. It was an honest, transparent, open source project.

there are several issues at play: rules around trading securities and securities fraud. EtherDelta broke certain rules and that/s why the founder got fined about 400k in total. You are correct that EtherDelta wasn't a fraud or a scam - and that's why there is no criminal proceeding, no accusation of securities fraud.

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#33
post #19

Earlier quoted context omitted.

Yes, I'm also having a hard time understanding why is this illegal.

ICOs are mostly illegal unregistered securities so any service that trades those tokens is also illegal.

ICOs are securities so must be registered with the SEC.

Exchanges that trade securities must also be registered.

You can trade ICOs on an exchange as long as both are registered according to their respective laws...

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#34
post #16
post #13

Does anyone have a good high level summary of the complaint the SEC made? How does one avoid those type of accusations while being involved in the crypto space?

The "Summary" section in the PDF gives a pretty concise and straight-forward overview.

I'll read that. I was assuming the SEC report wouldn't have the backstory but maybe that is just the gossip hound in me.

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#35
post #26

Isn't etherDelta an etherium app/token/contract? How is that different than running an etherium miner? Actually, didn't it run on an etherium miner? can you get a fee from a contract someone else mined because you are the author? well I guess so otherwise why would the creator be being fined? ...etherium is weird.

Sure it's just a contract, but the company still takes a cut (written in to the contract) when traders execute against orders. I'd assume that's what SEC wants their share of.

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#36
When the exchange was launched, the SEC didn't mention that ether was a security or tokens for that matter. How can they came back years later and back-charge for things that were not illegal at the time? Seems largely unfair and plain greedy. Are 0x protocol relayers next to be charged by the SEC?

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#37

When the exchange was launched, the SEC didn't mention that ether was a security or tokens for that matter. How can they came back years later and back-charge for things that were not illegal at the time? Seems largely unfair and plain greedy. Are 0x protocol relayers next to be charged by the SEC?

almost certainly yes

Re: SEC settles with EtherDelta founder for running an unlicensed exchange [pdf]

#38
post #23

Earlier quoted context omitted.

the SEC doesn't give a shit. if it quacks like a duck, looks like a duck, it's probably one in their eyes.

Coburn never would have settled if the SEC were that sloppy. You might disagree with the laws involved, but I'm pretty sure they had a decent legal case.

he's not in the clear from civil lawsuits which I'm sure this SEC settlement sets a precedent.
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