International Cooperation ‘Critical’ to SEC Action Against ICOs

Steven Peikin, co-director of the enforcement division of the U.S. Securities and Exchange Commission (SEC), recently described international cooperation as playing a critical role in facilitating investigations in the initial coin offering (ICO) sector.

‘Daunting Task’ of Identifying Misconduct

Peikin stated that collaboration with international regulators is “critical” to the SEC’s ability to investigate and take action against ICOs. The operators of ICOs are typically located outside of the U.S. and raise funds from “a broad base of investors both inside and outside the U.S.”

Quebec Regulator Played Key Role in Plexcoin Case

“First, we see ICOs that meet the definition of a security, but are being sold, brokered, or traded to U.S. investors without complying with the registration requirements of the federal securities laws. Second, we see ICOs that appear to be simply outright frauds — where the issuers are using excitement around the crypto-asset space to simply rip off money from investors,” he said.

Peikin stated that the international assistance received by the SEC in regulating the ICO sphere has been “essential.” As an example, he noted how cooperation with the Autorité des marchés financiers in the Canadian province of Quebec led to the SEC charging two Canadian residents for their role in the fraudulent Plexcoin token sale. He added that the commission will continue to work with other international regulators “to develop pending ICO investigations.”

Increased Popularity of ICOs Obscures Risks

“The growth in the ICO market can obscure the fact that these offerings are often high-risk investments,” Peikin stated. “The issuers may lack established track records. They may not have viable products, business models, or the capacity for safeguarding digital currencies from theft by hackers. And some of the offerings can be simply outright frauds.”