SEC Fights Telegram on Gram Token Sale at US Court Battle

The cryptocurrency and blockchain community have been closely watching the court case between the United States Securities and Exchange Commission and Telegram over the legality of the latter’s $1.7 billion token offering.  

Judge P. Kevin Castel of the US District Court for the Southern District of New York started the hearing by stating that both the SEC and Telegram should “consider the economic realities” of the $1.7 billion token sale. The judge added that the disclaimers do not control how the court views the digital asset. 

When Pastel questioned the utility of the tokens sold in the first round, Telegram’s attorney assured the court that the testnet blockchain had sufficient interest in the blockchain from the “decentralized community.”  

The suit was brought against Telegram last October from the SEC, as the regulator believes that Telegram violated the Securities Act of 1933 with its token offering by not adhering to the registration requirements. 

Since the SEC considers tokens to be securities and the Securities Act of 1933 requires all securities to be registered with the SEC. Telegram and TON failed to register their sale of Gram tokens, and the SEC considers the sale to be “unlawful.” The complaint reads, “Telegram committed to delivering Grams to the Initial Purchasers in conjunction with the launch of the TON Blockchain by no later than Oct. 31, 2019, and it plans to sell millions of additional Grams at the same time.”   

SEC senior trial attorney Jorge Tenreiro argued that Gram tokens were sold to investors without any utility. The SEC claims that the transaction was a “straightforward capital raise.” 

Although Judge Castel referred to Telegram’s Gram token sale to gold, stating that the seller of the precious metal would not ask the investor if they were interested in the gold before the transaction, leaving some investors with doubts. 

Telegram’s lawyer, Alexander Drylewski said that the SEC’s Howey Test, a test designed to categorize securities does not apply to digital assets that are offered with a promise of managerial oversight, that will increase their value over time. The lawyer argued that when TON blockchain launches, Grams will not be securities.  

Castel concluded judgment on the preliminary injunction, and assured Telegram’s lawyer there would be a judgment in the case before April 30, when the TON blockchain is expected to be launched.  

Image via Shutterstock

1inch Network Raises $175M in Private Token Sale, Building DeFi Products for Institutional Investors

1inch Network, a renowned decentralized exchange aggregator, announced it had successfully completed its Series B funding round where it raised the sum of $175 million.

This particular funding round did not follow the conventional approach as it involved the protocol’s private token sale. As unveiled by the firm, Series B was led by Amber Group. Among about 50 investors that participated in the funding was Jane Street, VanEck, Fenbushi Capital, Alameda Research, Celsius, Nexo, Tribe Capital, and Gemini Frontier Fund. 

1inch said it will use the new capital to advance its protocol in relation to providing a new product suite for institutional users looking to make their way into the DeFi ecosystem.

“While continuing to keep the existing DeFi audience happy by delivering state-of-the-art products, 1inch also aims to become a gateway for institutions that want to be part of the DeFi space,” says Sergej Kunz, co-founder of the 1inch Network.

1inch said it will develop a new product suite dubbed 1inch Pro, which will cater specifically to the corporate players. The service will be AML and KYC compliance and will be able to draw users from the United States of America.

“The next $1 trillion of assets entering DeFi will come from institutions rather than retail users, and 1inch would like to facilitate entry for them,” Sergej adds. “We have already started work in that direction by attracting some key players from the traditional finance markets, and this collaboration will only accelerate over the next few years.”

As a liquidity and price aggregation provider, 1inch’s role in the DeFi industry is pivotal to potential inbound growth. With more established industry players now serving as partners for the startup, it can work with more focused targets as it can draw on all the expertise it needs as it looks to scale up its offerings.

Image source: Blockchain.news

Brazil’s Securities Market Regulator Targets Mercado Bitcoin over Token Sale

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The Brazilian Securities and Exchange Commission (CVM), the securities market regulator in Brazil, has ordered Mercado Bitcoin, the largest cryptocurrency exchange in Brazil, to provide information on fixed-income tokens the exchange has issued over the last two years.

According to reports by Estadão newspaper, the capital markets regulator wants to know the amount Mercado Bitcoin raised with the tokens and see a list of investors who participated.

While the report did not reveal the names of the tokens, it confirmed that they were issued on a blockchain and allegedly backed by real-world assets. The report further said the tokens were “low risk and high yield” in “consortium, energy, writs of payments and receivables.”

Mercado Bitcoin has responded to the matter, saying that its token sales fully complied with Brazil’s regulatory framework. The exchange further said it “actively” works with the securities market regulator and Brazil’s central bank to “contribute to the construction of regulations for the sector.”

“We do not make public offerings of securities outside the scope of the authorizations we hold as an authorized crowdfunding platform and investment manager,” Mercado said.

In early this month, the CVM banned the Singapore-based crypto exchange Bybit from brokering securities in the country. On September 5, Bybit was booted out of the Brazilian market over its alleged unregistered securities offering. The country’s securities watchdog ordered the Singaporean exchange to cease operations immediately or face a daily fine.

The CVM alleged that Bybit was seeking to raise funds from Brazilian investors for investments in securities without the company having the authorization to act as a securities intermediary. The regulator argued that only Brazil’s stock exchange B3 is allowed to offer securities in the country.

This month, 2TM Group, Mercado Bitcoin’s parent company, criticized Brazilian regulators for not being clear about regulating cryptocurrency. The company said the current environment in Brazil is unfair and has not yet developed a clear regulatory framework for crypto-activities.

Meanwhile, reports indicate that the CVM is preparing to release an official crypto guide soon but encourages companies to consult the commission before issuing any token that may be considered a security.

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