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Are you a cryptocurrency owner – who just received a subpoena from the SEC, FTC, or State Attorney General? There’s a number of agencies that can subpoena you – due to the fact numerous government organizations are cracking down on ICO’s and cryptocurrencies. In some cases, state attorney generals are joining forces with federal agencies to investigate ICO’s. It’s hard to know whether this is a sweep of the entire industry – or focused on specific types of tokens. What’s clear is that if you’re an early stage ICO, or if you’re a startup using an ICO – you may get sent a subpoena. At times like this, whether or not you face consequences could depend on whether you have a capable attorney or not.
The SEC subpoena, is part of the agencies probe into how companies are using crypto for fundraising. The documents sent by the SEC are detailed, and focus heavily on the token launch, – but could extend to a wide array of other activities and organizational details. Complying with the subpoenas is difficult, and can be draining. If you fail to accurately communicate with the SEC, or accidentally withhold information – this can be lethal to your company.
Due to the fact the subpoenas are new, much about them – especially their focus and intent – is unknown. The SEC can ask for things like a list of investors, marketing materials, organizational structure, the amount of money raised, where you’re keeping the funds, as well as people involved like advisors. It’s possible the subpoenas are just an initial tactic to determine whose a legitimate company – and whose a scam, but it’s hard to say. These subpoenas are very detailed, and the SEC has unlimited resources to pursue investigations.
It’s speculated that SEC is investigating ICO’s where investors receive a token which doesn’t have any use yet or has no blockchain network. It’s probable that the SEC is trying to determine scammy companies, and root them out before they steal funds from investors.
If you’ve received a subpoena, we recommend contacting an attorney immediately who can work with you.