ARTICLE
4 December 2018

Two Celebrities Settle SEC Charges For Unlawfully Promoting Coin Offerings

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
A professional boxer and a music producer agreed to settle SEC charges for neglecting to disclose payments received for promoting investments in initial coin offerings ("ICOs").
United States Corporate/Commercial Law
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A professional boxer and a music producer agreed to settle SEC charges for neglecting to disclose payments received for promoting investments in initial coin offerings ("ICOs").

According to the SEC Orders (see here and here), Floyd Mayweather Jr. failed to disclose promotional payments from three ICO issuers, including $100,000 from Centra Tech Inc. ("Centra Tech") and $100,000 each from two other ICO issuers. Khaled Khaled failed to disclose a $50,000 payment from Centra Tech (which he noted on his social media accounts).

Mr. Mayweather will pay $300,000 in disgorgement, a $300,000 penalty, and $14,775 in prejudgment interest. Mr. Khaled will pay $50,000 in disgorgement, a $100,000 penalty, and $2,725 in prejudgment interest. Additionally, Mr. Mayweather agreed not to promote any securities for three years, and Mr. Khaled consented to a similar ban for two years.

Commentary / Kyle DeYoung

This is the SEC's first crypto touting case but it won't be its last. With the increased prevalence of ICO's and the SEC's position that they qualify as securities, these kinds of cases will likely become more common.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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