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Topic: The altcoin topic everyone wants to sweep under the rug - page 9. (Read 24383 times)

hero member
Activity: 714
Merit: 500
Hahahahaha no. Ugh how did you not get aborted? Good luck kid.
sr. member
Activity: 420
Merit: 262
Well the offer me to buy some software during Crowdsale, I liked the idea DAG and bought some.

What have I done wrong  Huh

Did you verify that Iota adhered to all laws and regulations for selling investment securities in every jurisdiction where they offered the "tokens" for sale to investors?

Specifically did they register these tokens with the SEC in the USA? If not, did they restrict non-qualified USA investors from obtaining the coins?

I hope you aware it is against the policy of crowdfunding sites such as Kickstarter and Indiegogo to offer any shares or redeemable tokens to contributors.

Why would we ever register with SEC to sell software? I know you want to pretend you're a lawyer, but c'mon, this is pretty basic. When I talked with our lawyers about this there was absolutely no constraints on selling software to the US.

Afaik, you sold a token which can be resold by investors. The Supreme Court has said about the Howey test, that it would look past all attempts to obfuscate a security.

Software is not an investment, rather it is purchased for a use case. The Howey test looks at what the expectations were of those purchasing.

Your lawyers are ignorant apparently.


Haha, we have never tried to 'obfuscate' anything. We made it crystal clear that we do not care about speculators, we do not promise any appreciation in value of the tokens, we sold the tokens as software (which it is), and we SPECIFIED that it was not an investment, security or asset.

The Howey test doesn't concern itself with what you claim you claimed. It looks at the expectations that investors have. It is clear from all the pumping of Iota that investors are expecting and even promoting gains on these tokens. Thus they are securities. And you did create them and sell them.

Any way, feel free to ignore me. You'll learn the hard way. Bring some Vaseline with you to jail to make it easier on yourself.
hero member
Activity: 714
Merit: 500
Well the offer me to buy some software during Crowdsale, I liked the idea DAG and bought some.

What have I done wrong  Huh

Did you verify that Iota adhered to all laws and regulations for selling investment securities in every jurisdiction where they offered the "tokens" for sale to investors?

Specifically did they register these tokens with the SEC in the USA? If not, did they restrict non-qualified USA investors from obtaining the coins?

I hope you aware it is against the policy of crowdfunding sites such as Kickstarter and Indiegogo to offer any shares or redeemable tokens to contributors.

Why would we ever register with SEC to sell software? I know you want to pretend you're a lawyer, but c'mon, this is pretty basic. When I talked with our lawyers about this there was absolutely no constraints on selling software to the US.

Afaik, you sold a token which can be resold by investors. The Supreme Court has said about the Howey test, that it would look past all attempts to obfuscate a security.

Software is not an investment, rather it is purchased for a use case. The Howey test looks at what the expectations were of those purchasing.

Your lawyers are ignorant apparently.


Haha, we have never tried to 'obfuscate' anything. We made it crystal clear that we do not care about speculators, we do not promise any appreciation in value of the tokens, we sold the tokens as software (which it is), and we SPECIFIED that it was not an investment, security or asset.

Are you willing to legally go on record with this as a claim? If not please get a new life, not a single atom in the universe cares that you exist. In fact I would say that you are bringer us closer to the heat death of the universe by expelling so much energy on useless things.
sr. member
Activity: 420
Merit: 262
Well the offer me to buy some software during Crowdsale, I liked the idea DAG and bought some.

What have I done wrong  Huh

Did you verify that Iota adhered to all laws and regulations for selling investment securities in every jurisdiction where they offered the "tokens" for sale to investors?

Specifically did they register these tokens with the SEC in the USA? If not, did they restrict non-qualified USA investors from obtaining the coins?

I hope you aware it is against the policy of crowdfunding sites such as Kickstarter and Indiegogo to offer any shares or redeemable tokens to contributors.

Why would we ever register with SEC to sell software? I know you want to pretend you're a lawyer, but c'mon, this is pretty basic. When I talked with our lawyers about this there was absolutely no constraints on selling software to the US.

Afaik, you sold a token which can be resold by investors. The Supreme Court has said about the Howey test, that it would look past all attempts to obfuscate a security.

Software is not an investment, rather it is purchased for a use case. The Howey test looks at what the expectations were of those purchasing.

Your lawyers are ignorant apparently.
hero member
Activity: 714
Merit: 500
Well the offer me to buy some software during Crowdsale, I liked the idea DAG and bought some.

What have I done wrong  Huh

Did you verify that Iota adhered to all laws and regulations for selling investment securities in every jurisdiction where they offered the "tokens" for sale to investors?

Specifically did they register these tokens with the SEC in the USA? If not, did they restrict non-qualified USA investors from obtaining the coins?

I hope you aware it is against the policy of crowdfunding sites such as Kickstarter and Indiegogo to offer any shares or redeemable tokens to contributors.

Why would we ever register with SEC to sell software? I know you want to pretend you're a lawyer, but c'mon, this is pretty basic. When I talked with our lawyers about this there was absolutely no constraints on selling software to the US.
sr. member
Activity: 420
Merit: 262
Well the offer me to buy some software during Crowdsale, I liked the idea DAG and bought some.

What have I done wrong  Huh

Did you verify that Iota adhered to all laws and regulations for selling investment securities in every jurisdiction where they offered the "tokens" for sale to investors?

Specifically did they register these tokens with the SEC in the USA? If not, did they restrict non-qualified USA investors from obtaining the coins?

I hope you aware it is against the policy of crowdfunding sites such as Kickstarter and Indiegogo to offer any shares or redeemable tokens to contributors.
sr. member
Activity: 420
Merit: 262
SEC sent out a warning in January 2016. Hope the pumpers are preparing for their jail time:

There is a reason why the SEC issued a warning about Crypto coins calling them scams.. 90% are !
I was doing research early this year when i stumbled onto their press release by accident (same day it was posted)
I then posted it in the Bitcoin section where everyone said it was good news AHAHHAHAHHA
It even mentioned an unnamed forum which was totally obvious they meant Bitcointalk.
Read it yourselves.. https://www.sec.gov/investor/alerts/ia_virtualcurrencies.pdf (Issued Jan 4th 2016)
sr. member
Activity: 420
Merit: 262
I feel good to be invested in the best decentralized data storage, and hope they will continue to consider how to leverage reputation systems to prevent cheating & attacks.  If you find an obviously superior method, feel free to let us know. 

Of course you do, because you have vested interest because you bought 1/1000th of the illegal unregistered securities (pre-sold for a lie that is vaporware) and now are pumping these lies on unwary n00bs. I am recording all of this for the future SEC investigations and jail time for those who deserve to go to jail.
sr. member
Activity: 420
Merit: 262
sr. member
Activity: 420
Merit: 250
@CryptoOz
I agree that some Cryptos tokens will attract unwanted attention regarding this matter.
legendary
Activity: 2282
Merit: 1050
Monero Core Team
It comes down to the question of whether a crypto currency is a security. For decentralized virtual currency (FinCEN definition) I argue the answer is  no, since by its very nature a security requires an issuer (the person who is required by law to register or cause registration to occur). For centralized virtual currencies this is where it gets interesting. In this case there is an issuer; however that does not mean there is a security. Take Ethereum for example. In this case there is a very good case that unregistered securities were issued in the IPO / ICO. The more interesting question is was the security the Ether itself or the promise to deliver the Ether at a future date before it was created?  I say the latter.

When it come to fitting certain members of this forum for an orange jumpsuit in the United States, my bet is on FinCEN over the SEC. FinCEN needs to prove in court is that the virtual currency is centralized , the SEC in addition to proving in court the virtual currency is centralized also has to prove in court that it is a security.,

Edit: I believe it is only a matter of time before FinCEN makes a move on Ethereum.
sr. member
Activity: 420
Merit: 262
Lol, according to TPDB, every person on this forum should be locked up.

No. As I've pointed out in the past, the securities regulations appear to be lenient against those who were merely buy and selling illegal unregistered and/or manipulated securities. Those who are promoting are dangerously close to the line. Those who are actively manipulating are flirting with the law. Note IANAL.
sr. member
Activity: 420
Merit: 262
sr. member
Activity: 420
Merit: 262
Actually you're wrong. That's the daily volume you've quoted there ($10m+).

Insiders buying from themselves to pump up daily volume is a well known tactic of shrilling shit coins. Welcome to the party. Seems you need to catch up on your education of how market manipulation works when the insiders control a large percentage of the float.

Again 96% of all ETH volume is done on two exchanges. I don't see those exchanges sharing their KYC data on who is trading with whom. So it is impossible for anyone to refute this.

Nope. That's just your personal opinion, not fact set in stone, which you will also find impossible to prove. Others have a different opinion of the ETH daily volume.

Where is your proof?

I've never seen a case where humans didn't take money that was sitting in front of their faces to take. The insiders always do this, unless they are worried about being caught and prosecuted. But since ETH was an illegal unregistered investment security launched from Switzerland to attempt to side step SEC (and I presume EU) regulations[1], we don't have to doubt whether they feel constrained by any regulators.

[1] But they marketed it to US investors so they are still in violation of SEC law.
hero member
Activity: 718
Merit: 545
Good thread.

Whereas, it has helped me greatly to decide how to launch a coin wherein it will be legal every where.

I have read most of the threads on this topic.. (There's a lot to digest)

Is this the conclusion :

1) You can launch a coin that uses POW mining to distribute the coins.

2) Private ICO's, but only to investors that the SEC recognises as institutional.

3) By PUBLIC air-drop - say if you gave them away to every bitcointalk user, for free.

4) Register with FinCEN.. jump through all their hoops.

5) Use a Bank to do it.

And -basically- any coin that has so far done any ICO is a valid target. No one has done it right.

..

Is this where we are at ? I'll be honest. The US of A sucks balls at the moment.
sr. member
Activity: 420
Merit: 262
Regulation increasing as I expected...

Recently the European Commission (EC) announced plans to apply the EU anti-money laundering and counter-terrorist financing regulations (the Fourth AML Directive or 4AMLD) to digital currency exchanges and possibly wallet providers.

This move is a part of the EC’s broadening action against terrorist financing.

But while this news comes as no surprise, another EC proposal, far less publicized and somewhat overlooked, has the potential to revolutionize the current state of affairs in digital currency regulation in the EU.

The EC announced that it will consider applying the licensing and supervision rules of the Payment Services Directive (PSD; a new version of which, 2PSD, has been adopted in 2015) to digital currency exchanges in order to "promote better control and understanding of the market".

PSD is one of the cornerstones of the EU single market for payments. It sets out rules for regulated payment services and contains a catalogue of such services.

Firms which render payment services have to comply with many regulations, including licensing and supervision rules, which now the EC apparently also intends to apply to digital currency exchanges.

Such a plan seems to be sensible. It is clear that there are two legal acts in the EU that would be well-suited for regulating cryptocurrencies: PSD and another related directive, the E-Money Directive (EMD). Works on the new '3EMD' are now under way, so some changes could be introduced there as well.
Revising basic assumptions

What matters, however, is what the current PSD regulatory methodology looks like.

A crucial piece of the PSD is the definition of "funds", which so far has included only cash, bank (scriptural) money and e-money (regulated by the EMD). Cryptocurrencies do not fall into any of those categories – a fact confirmed by the European Central Bank (ECB) and others.

It follows that, for the EC, digital currency exchanges would be best covered by some provisions of the PSD, although in the current form it does not apply to digital currencies at all.

It therefore appears that regulatory change might have to be much deeper than merely adding a few provisions extending the scope of licensing and supervision regulations on digital currency exchanges.

New regulations would probably have to revise some of the basic assumptions and concepts of the PSD, including definitions of "funds", "payment transaction" or "payment institution".
How should stakeholders react?

It is difficult to evaluate the EC's plan, since at the moment it is extremely general and vague. However, very likely it will open the door for the introduction of cryptocurrencies to the EU payment services regulations.

Various proposals may emerge afterwards, from cautious and restrained ones to those proposing comprehensive and broad regulation.

Firms that may be affected by any regulatory change should monitor developments closely and be ready to react.
sr. member
Activity: 420
Merit: 262
This really is a pointless

Only to someone who isn't paying attention to what is really going in the world that is oblivious to most (see below).

Whereas, it has helped me greatly to decide how to launch a coin wherein it will be legal every where. Which is very important compared to those coins which may run into trouble later, such as Ethereum and Zcash (assuming Zcash continues with their plan to have miners act as money transmitters to the foundation).

Note the issues I raised in this thread may not apply for those coins that never reach some level of millions of adoption, if they are no threat to the powers-that-be and haven't caused anger among investors.

You're trying to second guess what regulators will do in each country by reference to America?

https://www.armstrongeconomics.com/world-news/taxes/2017-the-year-from-political-hell/
https://www.armstrongeconomics.com/world-news/2017-is-coming-and-the-g20-has-agreed-to-share-all-info-on-everyone/
https://www.armstrongeconomics.com/world-news/swiss-to-give-up-everything-everybody/
https://www.armstrongeconomics.com/international-news/western_europe/britain-to-ban-any-encryption-that-prevents-the-taxman-from-exposing-british-citizens/
https://www.armstrongeconomics.com/international-news/western_europe/uk-to-ban-whatsapp-messaging-service/
https://www.armstrongeconomics.com/world-news/larry-summers-calls-to-end-100-billis-here-comes-the-totalitarian-state/
https://www.armstrongeconomics.com/world-news/taxes/the-new-age-of-economic-totalitarianism-the-london-meeting-to-end-currency/
https://www.armstrongeconomics.com/world-news/nsa-blames-snowden-for-paris/
https://www.armstrongeconomics.com/world-news/nsa-a-tax-economics-espionage-agency/
https://www.armstrongeconomics.com/category/world-news/taxes/
http://www.nestmann.com/
http://www.nestmann.com/best-place-to-launder-money-surprisingly
http://www.nestmann.com/theyre-coming-for-your-cash

http://www.independent.co.uk/news/world/asia/china-has-made-obedience-to-the-state-a-game-a6783841.html
http://theantimedia.org/china-just-launched-the-most-frightening-game-ever-and-soon-it-will-be-mandatory/

At G20 last year, all governments agreed to report everyone everywhere to their host countries for tax purposes. The hunt for taxes is destroying the world economy at a staggering rapid pace and this is far worse than even I had anticipated when we first forecast BIG BANG would hit 2015.75 back in 1985. Here is a email a non-US citizen received from his trust company in Malta.

Quote from: trust company in Malta
“The reporting charges have arisen due to the implementation of new U.S legislation known as the Foreign Account Tax Compliance Act (“FATCA”) which has been introduced as part of a global initiative to create an International tax reporting regime. Together with the majority of the World’s major trading nations, the Maltese Government has entered into an agreement with the US Authorities to implement FATCA legislation in Malta. The legislation has required all Trust Companies in Malta to evaluate all structures operated on behalf of clients and categorise them according to detailed rules set out in the FATCA legislation. This categorisation process is not just limited to structures operated on behalf of US clients, or clients holding US assets but has to include all clients and structures irrespective of where clients and their structures are domiciled. We can advise you that has taken extensive legal and tax advice regarding the categorisation of clients and which information should be reported according to various trigger reporting events since our accounting and client management systems have to be tailored to supply relevant information on a per client and entity basis to the Malta Authorities who then report directly to the IRS.

Consistent with many other Trust Companies a decision has been taken to pass on some of the costs of this work to client structures for whom we act. Accordingly a December invoice will be issued for a one off fee of £250 that will be described in the invoice as a FATCA classification fee.“

You need to understand that the dollar will grow stronger as we collapse starting in earnest in 2017 and this will place the global financial leverage in the hands of the USA so it can force FATCA on the rest of the world while the rest of the world collapse they too will hunt down "tax evaders":


The dollar rally and the devaluation of the yuan is not a fluke and it most certainly is not a one-time event. The dollar declined against the yuan for 19 years during the same timing that saw gold decline from 1980 to 1999. The major low on an annual closing basis at 2013 and 2014 was an outside reversal to the upside for the dollar. The Yearly Bullish Reversal stands at 683 and technical resistance stands at 658. The dollar filled the gap that existed prior to 1994 and is yet another confirmation that the dollar rally is underway.

Yes, the world trade is contracting and will get much worse after October. Governments are destroying the world economy on their hunt for taxation. Politicians are hunting money as if it were some sport and are undoing everything that was built postwar. Numerous reports are coming in to us about people traveling on trains and having their bags searched for money in Europe. The hunt for cash is wiping out the world economy. Americans are being thrown out of banks and mutual funds everywhere. FATCA has forced Americans to repatriate dollars. The only real Americans who can operate overseas are now established multinational companies. Small companies cannot expand from the United States nor can individuals send money anywhere.

Add to FATCA the problem in Europe and we see capital still pouring into the USA from both China and Europe. The real estate cycle has/or will peak with this turning point around the world from Switzerland, Britain, Canada, to Asia right down into India and Australia. We are plagued by politicians who have absolutely no clue how to run an economy and it is now all about them retaining power virtually everywhere we look.

The dollar rally is unfolding despite the fact people do not understand why. They look only at the USA debt and assume the dollar must crash, when in fact, the problem we face is on a global scale and $18 trillion in U.S. debt is simply not the large enough for international capital to hide. The future is going to be anything but a textbook move. This is why this year’s World Economic Conference is going to be a real eye opener.
legendary
Activity: 1456
Merit: 1000
What is the point of all this? You're trying to second guess what regulators will do in each country by reference to America?

Well, that's a waste of time. Some countries will make up regulation on the spot if they don't like the colour of your shoes.

If your concern is that America will hunt you down even if you live outside of the USA, then throw away your computer and crawl under a rock. Or just hard code black lists of American IP addresses into your code. If its investment related concerns, tell yanks they can't participate and if they try they take liability for your legal costs - TnC's issue.

This really is a pointless, futile exercise. If its that much of a concern, write up your project and post it to regulators asking for their view on legalities.
sr. member
Activity: 420
Merit: 262

I responded privately to Zcash as follows:

Quote from: myself
Okay I read the document you provided and it doesn't change anything I have written in the past. I never said the developers would be at-risk of FinCEN regulation. It is the miners who transfer coinbase to your company/foundation that will be subject to registration as MSBs. And the document you provided does not argue otherwise. The document you provided is only talking about miners who don't transfer their coinbase but rather mine it for themselves (they may exchange it later as an individual but that is not the same as a regularized transfer operation). Now you might argue that since they are transferring it only to one (or just two) entity then there is no risk of money laundering, thus the MSB regulation would not apply. But that is not what FinCEN guidance says. They say if the entity is creating and transferring, then they must register. Sorry you are potentially wrong and this could cost you dearly. Why not simply premine it! Much easier and avoids the problem on your miners.
sr. member
Activity: 420
Merit: 262
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