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SEC Charges Kik With Conducting $100M Unregistered ICO

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Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#151

Earlier quoted context omitted.

It's often the other way around: regulation is popular among people inside the regulated industry (it keeps competitors out, while being treated as "just business as normal" by employees of the regulated industry), while being unpopular with potential new entrants on the outside. The only industries that really fight regulation are those where there's currently a mad scramble of new startups trying to gain position (…

Banks lobby against regulation that would protect the consumer, make pricing more transparent and generally hurt banks' bottom line. https://www.huffpost.com/entry/auction-2012-banks-lobby-wash... Corporate lobbying has not been that strong in EU, where SEPA wire transfers are fee and merchant card fees reasonable capped. And now as the latest PSD2 directive the banks must give you an API access to your own bank acco…

Banks are a special case. Much of the modern banking system would be considered fraud 100 years ago, but banks were among the first to figure out that they can put pretty much anything into a financial contract and it will be binding.

The US literally created the FDIC because banks are allowed to gamble with depositor's money.

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#152

Earlier quoted context omitted.

Not all ICOs are scams. In some cases people have taken the time to work out a set of incentives that allows a market that previously needed to be operated by a corporate entity to be operated without central control. Such an incentive scheme has intrinsic value equivalent to the coordinating body it replaces. An ICO for such a scheme is not necessarily a scam. Certainly the vast majority of ICOs are scams, but not a…

Name one

MakerDAO (not strictly an ICO, but they did sell MKR tokens).

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#153

Earlier quoted context omitted.

> The only money they have is from an unregistered sale of securities which was only undertaken because they HAD NO MONEY. Don't you think this would come out at trial? Sounds like the only reason they came out with an unregistered ICO was in order to generate revenue it needed to continue operating. That's a huge red flag for me if I'm an SEC investigator

I am not sure if this is a legitimate argument because you can apply the same logic to Uber and Tesla.

Uber and Tesla sold traditional securities to accredited investors, the same way that everyone else normally does.

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#154

Earlier quoted context omitted.

> The only money they have is from an unregistered sale of securities which was only undertaken because they HAD NO MONEY. Don't you think this would come out at trial? Sounds like the only reason they came out with an unregistered ICO was in order to generate revenue it needed to continue operating. That's a huge red flag for me if I'm an SEC investigator

I am not sure if this is a legitimate argument because you can apply the same logic to Uber and Tesla.

Except that they confirmed to laws and SEC regs and Kik didn't? That makes all the difference...

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#155
post #2

"The complaint further alleges that Kik marketed the Kin tokens as an investment opportunity. Kik allegedly told investors that rising demand would drive up the value of Kin, and that Kik would undertake crucial work to spur that demand, including by incorporating the tokens into its messaging app, creating a new Kin transaction service, and building a system to reward other companies that adopt Kin. At the time Kik…

> Doesn't this throw up all the red flags of a scam ICO? Is that a good or bad thing? There was a short period of time when there was immense profits to be had from buying and quickly flipping obvious scam ICOs.

Agreed. The question isn't whether something is a financial scam; at this point, depending on your feelings about certain structures, a large part of the US economy is made up of financial scams. The question is whether it's a viable financial scam, and this one was so viable that the government had to step in.

Probably if they had invested in the right lobbyists and the right lawyers, they would have been able to engineer a level of indirection that this wouldn't have attracted attention.

Maybe they actually have, and will lose this case as millionaires.

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#156

Earlier quoted context omitted.

> The only money they have is from an unregistered sale of securities which was only undertaken because they HAD NO MONEY. Don't you think this would come out at trial? Sounds like the only reason they came out with an unregistered ICO was in order to generate revenue it needed to continue operating. That's a huge red flag for me if I'm an SEC investigator

I am not sure if this is a legitimate argument because you can apply the same logic to Uber and Tesla.

[deleted]

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#157

Earlier quoted context omitted.

Name one

Ethereum. Also: Stellar. Or anything where money is raised for a non-profit organization. Preferably as donations. More transparent this organization the better. Non-profit nature is very good in guarding against my expectation of profit by the work of an issuer.

Ethereum has had it's share of controversies... not least the premine https://www.cryptoglobe.com/latest/2018/10/vitalik-buterin-u...

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#158

What work is “officially” doing in the HN headline? Is there a practice of “unofficial lawsuits” by the SEC, or in general, that it is necessary to distinguish this “official” suit from?

Sort of. It's called a Wells Notice[1] and it essentially means that (barring some really excellent lawyering) charges are imminent. [1] https://en.wikipedia.org/wiki/Wells_notice

A Wells notice is certainly a thing to distinguish from a suit, but does anyone ever refer to a Wells notice as a "suing" (perhaps "unofficially suing"), such that "officially suing" would need to be specified to make the distinction? (Yes, I realized that the HN title has changed to be closer to the source title, so this discussion is now about a title that doesn't exist anymore...)

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#159
post #104

Earlier quoted context omitted.

A lot of people think it, but if you're thinking it the last thing you want to do is publicize that and invite people (particularly the SEC) to ask "Why don't you want the SEC to sue you?" A number of smaller ICOs just settled with the SEC and refunded the money to investors when they got a Wells Notice. Those are all the folks who said "Oh man I don't want the SEC to sue me, I'm gonna get creamed in court." Kik is d…

> Kik is different in that they have deep pockets, strong legal counsel, and a product that's been out there for 8 years. Except they don't. The only money they have is from an unregistered sale of securities which was only undertaken because they HAD NO MONEY. Their product costs more to run than it makes, and is irrelevant to the SEC lawsuit.

But they have that money today. They can spend it on lawyers. If they win, they still have it, if they lose, well now they go bankrupt just $55m more in the hole than before. It’s not like anything will happen to the executives.

Re: SEC Charges Kik With Conducting $100M Unregistered ICO

#160
post #52

Earlier quoted context omitted.

Doesn't everyone publicly look forward to proving their case in court when the inevitable legal battle is obvious? Not many folks say "Oh man I don't want the SEC to sue me, I'm gonna get creamed in court!"

Here is the deal though, the SEC employs administrative law judges (ALJs) who even the President cannot remove and generally are immune electoral control and accountability The SEC also enforces gag orders on settlements to hide the proceedings and discovery from the public which only allows them to continue their abuses of the system. A common thread among SEC settlements, also in CFTC and CTFB settlements is summed…

Huh? Most SEC settlements are public. The SEC issues a press release. Here's a typical one.[1]

As for settlements with the terms "mak[ing] any public statement denying, directly or indirectly, any allegation in the [SEC’s] complaint or creating the impression that the complaint is without factual basis", that's what pleading guilty looks like in a civil enforcement matter. You can't say "yes, we did it, and we'll pay the penalty rather than going to trial" to the SEC, and then turn around and say publicly "we didn't do it".

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