Policy & Regulation
Aug 14, 2024
SEC Investigates Drive Planning LLC And CEO For Alleged Ponzi Scheme
According to BlockBeats, on August 14, the U.S. Securities and Exchange Commission (SEC) announced that it has obtained a preliminary injunction and asset freeze to investigate Drive Planning LLC and its founder and CEO, Russell Todd Burkhalter. The SEC alleges that from 2020 to June 2024, Drive Planning and Burkhalter raised over $300 million from more than 2,000 investors by promising high returns, such as '10% interest every three months,' for supposed real estate investments. However, this was a typical Ponzi scheme, where funds from new investors were used to pay returns to existing investors. Additionally, the SEC accuses Burkhalter of misappropriating millions of investor funds to purchase a $3.1 million yacht, $4.6 million in private jet and luxury car services, and $2 million for a luxury apartment to support his lavish lifestyle.Nekia Hackworth Jones, Director of the SEC's Atlanta Regional Office, stated that Drive Planning and Burkhalter gained the trust of ordinary investors through false promises, executing a classic Ponzi scheme. She urged investors to be wary of sellers who excessively promote high returns. Besides obtaining emergency relief, the SEC is also seeking a permanent injunction against the defendants, the return of ill-gotten gains, civil penalties, and a ban on Burkhalter from serving as a corporate officer. The case is currently under further investigation.
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Aug 09, 2024
SEC Investigates Crypto Venture Capital Firms
According to PANews, the U.S. Securities and Exchange Commission (SEC) has issued subpoenas to at least three cryptocurrency venture capital firms this year. Sources familiar with the investigation revealed that the subpoenas are titled 'In the Matter of Certain Crypto Asset Intermediaries.' The SEC is investigating whether there have been violations of federal securities laws. DL News reviewed the subpoenas but could not disclose the specific targets of the SEC's investigation.The SEC's focus on crypto venture capital indicates that the agency is scrutinizing the initial funding channels for most crypto startups. An anonymous source stated that at least two other crypto venture capital firms received similar document requests. The subpoenas demand information on any token transaction contracts involving investors. A lawyer from a crypto venture capital firm not affected by the subpoenas described the investigation as an overly broad and costly search. This lawyer, who had heard about the investigation before speaking with DL News, requested anonymity to avoid public mention of the SEC.Elisha Kobre, a lawyer specializing in securities and commodities fraud at Bradley Arant Boult Cummings, commented that the SEC's scrutiny of venture capital is reasonable. He suggested that the SEC might consider this an additional enforcement area. Sources familiar with the investigation indicated that financial regulators might be interested in whether crypto venture capital firms act as 'statutory underwriters.' Statutory underwriters are broker-dealers who purchase securities intending to distribute them to the public.Many crypto startups file token financing records with the SEC but often seek exemptions from registering their securities, as they only offer future token rights to qualified investors. The SEC is reportedly interested in whether these qualified investors are distributing unregistered securities to a broader retail market. The source added that such actions could 'poison the initial issuance,' referring to the potential impact when investors sell tokens on the public market.
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