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ARTICLE · 13 OCTOBER 2017

SEC Files Fraud Charges Relating To ICO Schemes

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Two months after warning investors that some digital tokens or coins may qualify as securities under the federal securities laws, the SEC on September 29, 2017 brought its first enforcement action in connection with an ICO.

United StatesTechnology

Two months after warning investors that some digital tokens or coins may qualify as securities under the federal securities laws, the Securities and Exchange Commission (SEC or the Commission) on September 29, 2017 brought its first enforcement action in connection with an initial coin offering (ICO).

A. SEC v. REcoin Group Foundation, LLC et al.

In a federal complaint, the SEC alleges that Maksim Zaslavskiy and his companies, REcoin Group Foundation (REcoin) and Diamond Reserve Club World (DRC), duped investors into purchasing unregulated securities in the form of digital tokens that were backed by fictitious assets. The alleged stated purpose of each ICO was to generate returns from (i) the appreciation in value of the investments each company would make in real estate (in the case of REcoin) or diamonds (in the case of DRC) and (ii) the appreciation in value of the digital tokens themselves – including one touted as "The First Ever Cryptocurrency Backed by

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