Some 200 lawsuits against crypto assets since 2017 suggests the SEC would prefer to litigate companies rather than make rules to guide them in compliance.
at the 2021 Aspen Security Forum, “Make no mistake: It doesn’t matter whether it’s a stock token, a stable value token backed by securities, or any other virtual product that provides synthetic exposure to underlying securities. These products are subject to the securities laws and must work within our securities regime.”
to “facilitate participation in and the development of a functional or decentralized network, exempted from the registration provisions of the federal securities laws for three years” suggests that the SEC’s rules are less than clear.that the Supreme Court’s Howey benchmark is a “three part” test, when it is in fact four.
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