ARTICLE
23 March 2020

U.S. District Court Grants Default Judgment against Unregistered Broker Selling ICOs

CW
Cadwalader, Wickersham & Taft LLP

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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.
The U.S. District Court for the Central District of California granted the SEC a default judgment against a limited liability company and its CEO for acting as an unregistered broker-dealer
United States Corporate/Commercial Law
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The U.S. District Court for the Central District of California granted the SEC a default judgment against a limited liability company and its CEO for acting as an unregistered broker-dealer and selling unregistered securities in the form of initial coin offering ("ICO") tokens.

In the Order granting the SEC's motion for default judgment, the Court described ICOBox as an "incubator for digital asset startups" which sold approximately $14.6 million in unregistered ICO tokens. The Court found that ICOBox did not register the ICO tokens because ICOBox and its CEO believed that the tokens were not securities and were exempt from registration due to an unspecified utility.

The Court ordered (i) a permanent enjoinment from further violating SEC rules, (ii) disgorgement, including prejudgment interest of $16,059,428.99, and (iii) a civil penalty fine of $192,768.

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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