Decoding SEC's Cryptocurrency Enforcement: A Deep Dive into Regulations, Enforcement, and Future Trends
The fall of FTX at the end of 2022 and Sam Bankman-Fried's ensuing trial throughout 2022 left many doubting the future legitimacy of decentralized finance and cryptocurrency. Yet while there are still many crypto enthusiasts and users, mainstream attention towards this industry has focused on the increasing enforcement actions against DeFi platforms and exchanges by regulatory agencies, particularly from the Securities and Exchange Commission. In 2023, the SEC’s Division of Enforcement brought numerous actions against crypto asset lending and staking services. Particularly notable examples such as Binance, Kraken, and Coinbase alleged that the organizations operated as unregistered national securities, exchanged brokers, and clearing agencies. There were additionally hundreds of millions of dollars’ worth of charges for fraud and misappropriation of funds. Yet these enforcement actions received pushback from U.S. lawmakers and private entities, pushing back against its "regulation by enforcement" approach towards crypto, rather than an established legal framework for organizations to reference for compliance. In the face of lowered consumer faith, increasing enforcement actions, and governance tensions, this course taught by our subject matter experts and practitioners will be an essential resource for attorneys advising actors in the DeFi space or looking to better understand the industry.
In this seminar, our expert panelists begin with a discussion of the state of cryptocurrency and what developments 2023 has brought. Next, the panelists discuss the enforcement stance adopted by the SEC in the past year and analyze its enforcement actions against cryptocurrency players in 2023, unraveling the complexities of key cases to provide attendees with a nuanced perspective on the legal challenges faced by the industry. The speakers then review the new bipartisan bill introduced by the Senate with the goal of regulating decentralized finance protocols, addressing critical issues that have emerged in this rapidly evolving sector. Finally, the panelists share their key takeaways from 2023 and their expectations going into 2024.
Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.
LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.
U.S. Head of Fintech Head of Blockchain and Digital Assets | Linklaters
Josh is the firm’s U.S. Head of Fintech and Head of Blockchain and Digital Assets. She is one of the best-known blockchain and cryptocurrency lawyers in the U.S. and globally, highly regarded for her extensive experience in, and deep knowledge of, blockchain, smart contracts, and cryptocurrency matters, including initial coin offerings (ICOs)/digital token offerings. Josh has represented or consulted to global technology companies, token sellers, cryptocurrency exchanges and relayers; venture, hedge, and private equity funds and their portfolio companies; token marketers and broker-dealers; funds interested in trading digital assets; and major global investment banks, insurance companies, financial institutions and asset managers, among others. By background, Josh is a finance and corporate lawyer. She spent over 10 years representing lenders and borrowers in leveraged finance and banking transactions and public and private organizations in a broad array of commercial transactions and corporate governance matters. Before joining Linklaters, Josh co-founded a blockchain and smart contracts group at a global law firm and set up her own boutique blockchain consultancy.
Partner | WilmerHale
Tiffany J. Smith has over a decade of experience advising and representing broker-dealers and other financial institutions, including financial technology companies, regarding compliance with the federal securities laws and regulations and the rules of the self-regulatory organizations. Ms. Smith’s practice primarily focuses on four areas: (i) broker-dealer regulatory compliance, (ii) cryptocurrency regulatory compliance, (iii) representing clients in connection with enforcement matters and regulatory examinations, and (iv) providing regulatory advice in connection with corporate transactions. With respect to broker-dealer regulatory compliance, Ms. Smith often advises clients on newly adopted rules and areas of increased regulatory focus, including the rules on market access, securities trading and market activities, short sales, and issuer repurchases. Ms. Smith also has experience advising clients on the regulatory implications of new and emerging technologies (e.g., blockchain) and helping clients navigate the regulatory hurdles associated with these technologies. In addition, she counsels clients on triggers for broker-dealer registration, including those related to offshore activities and those related to the activities of financial technology companies. Finally, Ms. Smith has helped clients comment on proposed Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) rules, and represented clients seeking relief from adopted rules through the SEC and FINRA exemptive relief processes and the SEC no-action process.
Founding Partner | Dynamis LLC
Eric Rosen is a nationally recognized former federal and state prosecutor whose nationwide practice focuses on white-collar criminal defense, corporate investigations, and complex civil litigation, with a focus on novel and cutting-edge issues involving money laundering, securities fraud, crypto-assets and health care fraud. Eric was the lead prosecutor in “Operation Varsity Blues,” the seminal case widely known as the college admissions scandal, one of the largest white-collar crime prosecutions in United States history. Prior to founding Dynamis LLP in June 2023, Eric was a partner at an elite litigation boutique with offices in New York, Boston and Miami. For more than eight years, Eric served as an Assistant United States Attorney in Pittsburgh, Pennsylvania and Boston, Massachusetts. As a federal prosecutor, Eric prosecuted more than 250 defendants for a wide variety of federal crimes, including: wire and mail fraud, securities fraud, investor fraud, bribery, health care fraud, drug misbranding, money laundering, drug trafficking, racketeering, smuggling, and firearms offenses. Eric has developed significant expertise in securities fraud cases (including parallel investigations with the SEC), money laundering cases, bribery charges, and cases with international components. A seasoned courtroom advocate, Eric also tried, as lead and co-counsel, numerous criminal cases before federal juries, both in Pittsburgh and Boston, in addition to conducting countless evidentiary hearings, sentencings, and other proceedings. In March 2018, Eric, while leading an unrelated securities fraud investigation, began “Operation Varsity Blues,” the investigation that led, a year later, to charges against more than 50 individuals for fraud, bribery, racketeering and money laundering offenses related to the college admissions process. Eric’s work in the landmark prosecution, which generated significant worldwide media attention, was widely profiled by national and international publications and media outlets, including the Boston Globe, the New York Times, CNN, the Washington Post, Los Angeles Times, USA Today, and Netflix. In addition, Eric’s role as the lead prosecutor was chronicled in the July 2020 book “Unacceptable,” written by two Wall Street Journal reporters, Melissa Korn and Jennifer Levitz, and the July 2022 book “Bad City,” by Los Angeles Times reporter Paul Pringle. Prior to joining the U.S. Attorney’s Office, Eric was a litigation associate at Richards, Kibbe and Orbe LLP, a New York-based boutique law firm. While at that law firm, Eric represented clients in complex commercial litigation matters and in investigations conducted by FINRA, the SEC, and the Department of Justice. Eric also conducted multiple internal investigations on behalf of corporate clients. Eric began his legal career by serving for three years as an Assistant District Attorney in Manhattan, followed by a one-year clerkship with federal Judge Robert P. Patterson, Jr. of the Southern District of New York. Eric is currently based in Boston and New York but serves clients in federal and state courts nationwide.
