2021-09-17 SEC Press press_release 61 KB 1,841 chars

SEC Seeks to Stop the Registration of Misleading Crypto Asset Offerings

Release
2022-208
summary

The SEC has initiated administrative proceedings against American CryptoFed DAO LLC to seek a stop order against the registration of its Ducat and Locke tokens due to misleading disclosures.

paragraph

The SEC alleges that American CryptoFed DAO LLC filed a fraudulent Form S-1 registration statement containing material omissions and inconsistent claims regarding the security status of its tokens. The company failed to provide required information such as audited financial statements and details regarding its business and management. The Enforcement Division is currently seeking a stop order to suspend the registration of the Ducat and Locke tokens.

narrative

The SEC has launched administrative proceedings against Wyoming-based American CryptoFed DAO LLC to determine if a stop order should be issued for the Ducat and Locke tokens. The Enforcement Division alleges that the company's September 2021 Form S-1 filing contained material misstatements and omitted critical information about its financial condition and management. Specifically, the SEC claims the filing lacked audited financial statements and contained contradictory statements regarding whether the tokens constitute securities. Furthermore, the agency alleges that American CryptoFed failed to cooperate during the examination of its registration statement. The SEC's Crypto Assets and Cyber Unit is leading the investigation to protect investors from misleading information. The proceedings aim to suspend the registration of these crypto assets rather than seeking specific monetary penalties at this stage.

Enriched metadata

Scheme
crypto-securities (95%)
Classified crypto-securities(confidence 95%). EDGAR detection: forms 1-A/S-1/8-K· recall 43% / precision 2%. detection rule →
Parties
Securities and Exchange CommissionAmerican CryptoFed DAO LLC
Keywords
american cryptofedcrypto assetscryptoenforcement divisionamericancryptofedsecregistrationsecuritiessecurities transactionsassets cybercyber unitassetsstopmisleading

Exhibits & Attached Documents (1)

Extracted insights

Entities 11
  • company administrative proceedings against american cryptofed dao llc
  • person christopher bruckmann
  • person christopher carney
  • person david hirsch
  • person deborah tarasevich
  • agency issuer must furnish required disclosure information to sec
  • person Jorge Tenreiro
  • person martin zerwitz
  • person michael baker
  • agency sec’s investigation
  • agency Securities and Exchange Commission
Triples 15
  • Securities And Exchange Commission instituted administrative proceedings against American CryptoFed DAO LLC
  • Securities And Exchange Commission alleges American CryptoFed failed to contain required information
  • Securities And Exchange Commission alleges American CryptoFed contained materially misleading statements
  • Securities And Exchange Commission alleges American CryptoFed failed to cooperate during examination
  • David Hirsch said issuer must furnish required disclosure information to SEC
  • Securities And And Enforcement Division seeking to stop American CryptoFed’s registration
  • Martin Zerwitz conducted SEC’s investigation
  • Michael Baker conducted SEC’s investigation
  • Deborah Tarasevich supervised the case
  • Jorge Tenreiro supervised the case
  • David Hirsch supervised the case
  • Christopher Bruckmann conducted the litigation
  • Christopher Carney conducted the litigation
  • Martin Zerwitz conducted the litigation
  • Michael Baker conducted the litigation
PDF (from attached: pdf)
Text layers
Extracted body text (1,841c)
The Securities and Exchange Commission today instituted administrative proceedings against American CryptoFed DAO LLC (American CryptoFed), a Wyoming-based organization, to determine whether a stop order should be issued to suspend the registration of the offer and sale of two crypto assets, the Ducat token and the Locke token. The SEC’s Enforcement Division alleges that a Form S-1 registration statement filed by American CryptoFed on September 17, 2021 failed to contain required information about American CryptoFed’s business, management, and financial condition, such as audited financial statements, and contained materially misleading statements and omissions, including inconsistent statements about whether the tokens are securities. Further, the Enforcement Division alleges that American CryptoFed failed to cooperate during its examination of their registration statement. “An issuer seeking to register the offer and sale of crypto assets as securities transactions must furnish the required disclosure information to the SEC,” said David Hirsch, Chief of the Enforcement Division’s Crypto Assets and Cyber Unit. “American CryptoFed not only failed to comply with the disclosure requirements of the federal securities laws, but it also claimed that the securities transactions they seek to register are not in fact securities transactions at all. The Enforcement Division is seeking to stop American CryptoFed’s registration to protect investors against misleading information.” The SEC’s investigation was conducted by Martin Zerwitz and Michael Baker of the SEC’s Crypto Assets and Cyber Unit. The case is being supervised by Deborah Tarasevich, Jorge Tenreiro, and Mr. Hirsch from the Crypto Assets and Cyber Unit. The litigation is being conducted by Christopher Bruckmann, Christopher Carney, Mr. Zerwitz, and Mr. Baker.
OCR text (1,841c · html-text · 99% conf)
The Securities and Exchange Commission today instituted administrative proceedings against American CryptoFed DAO LLC (American CryptoFed), a Wyoming-based organization, to determine whether a stop order should be issued to suspend the registration of the offer and sale of two crypto assets, the Ducat token and the Locke token. The SEC’s Enforcement Division alleges that a Form S-1 registration statement filed by American CryptoFed on September 17, 2021 failed to contain required information about American CryptoFed’s business, management, and financial condition, such as audited financial statements, and contained materially misleading statements and omissions, including inconsistent statements about whether the tokens are securities. Further, the Enforcement Division alleges that American CryptoFed failed to cooperate during its examination of their registration statement. “An issuer seeking to register the offer and sale of crypto assets as securities transactions must furnish the required disclosure information to the SEC,” said David Hirsch, Chief of the Enforcement Division’s Crypto Assets and Cyber Unit. “American CryptoFed not only failed to comply with the disclosure requirements of the federal securities laws, but it also claimed that the securities transactions they seek to register are not in fact securities transactions at all. The Enforcement Division is seeking to stop American CryptoFed’s registration to protect investors against misleading information.” The SEC’s investigation was conducted by Martin Zerwitz and Michael Baker of the SEC’s Crypto Assets and Cyber Unit. The case is being supervised by Deborah Tarasevich, Jorge Tenreiro, and Mr. Hirsch from the Crypto Assets and Cyber Unit. The litigation is being conducted by Christopher Bruckmann, Christopher Carney, Mr. Zerwitz, and Mr. Baker.