Thought I'd post this here because I think it's important for investors to know. I'm writing an article on crypto-investing for the end of law school, and I've talked to a few people on the issuer and intermediary side to get some perspectives, including Havelock. So far, Havelock is the only one who has tried to double down on made up bs. Everyone else gives their first argument about legality, most probably actually believing it, then for those that are clearly mistaken, they then respond with the practicality and libertarian argument. Nothing wrong with that, they're not being deceptive or fraudulent, anyone that wanted to press them could have found this out and made their investment decision accordingly.
Havelock, on the other hand, not only continues to maintain their legality in the face of crushing evidence against them, they then claimed to have sent my queries off to "legal" and that their responses were a lawyer's response. They claimed their legal department, not a layman, had studied the law and that because bitcoin wasn't legal tender, it couldn't be considered an investment. This is a common mistake non-lawyers make, Johns and prostitutes try it all the time, to no avail, but no lawyer practicing in securities law would make that mistake. The first three words in the definition of financial transaction in the Panamanian law decree governing securities are "incluye todo valor" meaning "includes
anything of value." (For the curious: the first 140ish pages of this are the original law decree, there have been amendments, but none affecting this analysis:
http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_GACETAS/1990/1999/23837_1999.PDF).
I think most of us agree that the laws governing investment make it hard for smaller investors to take part, and crypto-investing, whether legal or not, lets consenting adults make their own decisions about what to do with their money. But I think we can also agree that nothing excuses fraud or deceit, and that's what Havelock seems to have offered up. Just another piece of information for those considering leaving their money with this exchange, the free market works best when participants aren't shackled by government
or ignorance.