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ARTICLE · 04 JANUARY 2018

ICO Wars: The SEC Strikes Back

The Cyber Unit demonstrated its commitment to Chairman Clayton's direction by bringing two enforcement actions against ICOs in relatively short order.

CanadaCorporate/Commercial Law

Summary

The emergence of initial coin offerings (ICOs) as a new form of fundraising and the dramatic gains in the price of many cryptocurrencies is, without doubt, one of the biggest capital markets stories of 2017. Notwithstanding a relatively widespread view that we may now be within a cryptocurrency bubble, ICO markets barrelled ahead in the third quarter, during which time135 ICOs raising US$2.3 billion were completed. This represents more than 100% growth in ICO activity since the second quarter of 2017 and dwarfs 2016, when ICOs raised a total of US$100 million for the entire year.

In addition to valuation concerns, the ongoing crypto-mania is, not surprisingly, drawing significant attention from securities regulators who are growing increasingly concerned about the risks and lack of investor protection inherent in most ICOs. In particular, we have seen increased activity from the United States Securities and Exchange Commission (SEC) in recent weeks – with

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