Creative Strategies for Novel Enforcement Theories
The enforcement of federal and state securities laws relative to cryptocurrencies and blockchains raises complex questions concerning government jurisdiction and claims. SECIL Law has intricate knowledge of Securities and Exchange Commission jurisdiction, statutes, regulations, and rules as they lawfully apply and do not apply to cryptocurrencies.
As former insiders of the SEC and other federal agencies and as counsel for those against whom these agencies have considered bringing or brought legal actions, we are very familiar with the government’s internal and external processes, the relative strengths and weaknesses of government theories of liability, and the evidentiary elements upon which government cases can and often do rely. Our approach is to question the government’s implicit foundational assumptions concerning the applicable law, finance, and accounting, to challenge assumptions of law of accounting, to critique government-proffered evidence while presenting material counter-evidence, and to identify, deconstruct, and expose the weak points in government matters.
While at the SEC, our attorneys were at the forefront of novel cases interpreting new regulations. We are aware of the questions, issues, and arguments that confront participants, such as digital token producers, Bitcoin miners, crypto exchanges, and wallet hosting services, in the emerging and exciting crypto and blockchain face.
We have represented clients with unique cases in SEC enforcement in the digital token industry, such as an entity challenging the definitional basis of a “security” in an enforcement matter.
We advised a crypto wallet company on compliance with the SEC laws and regulations.
We have advised a number of cryptocurrency traders on their activities in relation to ongoing or prospective regulatory investigations.
