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Two Men Sentenced In First Federal Trial Classifying Cryptocurrency As A Security

According to CryptoPotato, two individuals have been sentenced for their roles in a scheme to manipulate the price of Hydrogen Technology's cryptocurrency, HYDRO, and defraud investors. This case is significant as it is the first time a federal criminal trial jury has classified a cryptocurrency as a security and determined that price manipulation of cryptocurrency constitutes securities fraud. The court documents and trial evidence showed that Michael Kane, co-founder and CEO of Hydrogen Technology, and Shane Hampton, the company's Head of Financial Engineering, collaborated with South African firm Moonwalkers Trading Limited to manipulate the price of HYDRO. From October 2018 to April 2019, the firm used an automated trading bot to create fraudulent orders on a U.S.-based cryptocurrency exchange. The group conducted approximately $7 million in 'wash trades' and placed over $300 million in 'spoof trades' for HYDRO. These actions misled retail investors into buying HYDRO at artificially inflated prices, resulting in the group profiting around $2 million over ten months. Nicole M. Argentieri, Principal Deputy Assistant Attorney General and head of the Justice Department’s Criminal Division, stated that Kane, Hampton, and their co-conspirators used a trading bot to manipulate the price of their company's cryptocurrency, thereby defrauding investors. Kane pleaded guilty in November 2023 to one count of conspiracy to commit securities price manipulation, one count of conspiracy to commit wire fraud, and two counts of wire fraud. Hampton was convicted by a federal jury on February 7 of one count of conspiracy to commit securities price manipulation and one count of conspiracy to commit wire fraud. The jury unanimously agreed that the defendants' sales of HYDRO were investment contracts, thus classifying the token as a security under federal securities law. This trial was the first criminal jury trial in which a cryptocurrency was deemed a security. Two additional co-conspirators, Andrew Chorlian and Tyler Ostern, pleaded guilty in May 2023 to one count of conspiracy to commit securities price manipulation and wire fraud. Both have been previously sentenced. Shane Hampton, 32, of Philadelphia, received a sentence of two years and 11 months in prison. His co-conspirator, Michael Kane, 39, of Miami Beach, Florida, was sentenced to three years and nine months in prison.
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Ripple Triumphs In Class Action Lawsuit Over XRP's Security Status

According to U.Today, Ripple recently achieved a significant legal victory as most claims in a class action lawsuit concerning XRP were dismissed. The ruling by the Court for the Northern District of California has reduced the case to a minor state law claim related to allegedly misleading statements. The ongoing debate's central issue is whether XRP should be classified as a security. Although the Californian ruling is a victory for Ripple, it is suggested that under certain circumstances, XRP could potentially be considered a security. This view contrasts with Judge Torres' previous ruling in New York that XRP does not qualify as a security when sold to institutional investors. Legal experts Fred Rispoli and Marc Fagel have shared their thoughts on the implications of these developments. Rispoli, a strong supporter of XRP, underscored the potential impact of California law on the definition of securities in light of the court's interpretation. On the other hand, Fagel, drawing from his SEC experience, pointed out the nuanced federal and state considerations in determining whether XRP transactions fall under securities regulation. Rispoli noted in response to the ruling, 'The court's decision leaves open the possibility that XRP could be classified as a security under California law, if not federal law.' Fagel disagreed, emphasizing that while California's adoption of federal standards such as the Howey test influences local interpretations, the broader implications for federal courts seeking guidance remain limited.
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Ripple Faces Challenges in U.S. While Welcoming EU's Crypto-Asset Regulation

According to U.Today, Ripple, the San Francisco-based enterprise crypto company, is facing significant challenges in the U.S., according to Cassie Craddock, the firm's managing director for the U.K. and Europe. The company is currently embroiled in a protracted legal dispute with the U.S. Securities and Exchange Commission. Ripple's CEO, Brad Garlinghouse, has frequently expressed frustration over the regulatory uncertainty in the U.S. and the SEC's antagonism towards the industry. Despite the difficulties in the U.S., Craddock revealed that Ripple is enthusiastic about the implementation of the Markets in Crypto-Asset Regulation (MiCA) framework in the EU. This pioneering cryptocurrency law, which aims to provide much-needed regulatory clarity to industry players, has put Brussels ahead of Washington and other jurisdictions in terms of clear crypto regulations. The MiCA framework initially came into effect on June 30, 2023, following approval by the European Parliament two months prior. It will be fully implemented from Dec. 30, with some provisions taking effect from this Sunday. However, not everyone in the industry shares Craddock's optimism about the new crypto regulations in Europe. Some industry executives are still puzzled by certain ambiguities in the MiCA provisions. Marina Markezic, founder of the Brussels-based European Crypto Initiative, recently expressed that many crypto companies are still uncertain about how the law will operate.
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Chinese Authorities Crack Down on Cryptocurrency-Based Pyramid Scheme

According to Odaily, the Supreme People's Court and the State Administration for Market Regulation in China have jointly released five typical cases of legally punishing online pyramid schemes. One of these cases involves a fraudulent investment promising high returns through 'virtual currency'. In early 2018, the defendant, identified as Chen, and others used blockchain as a gimmick to set up a 'Token' online platform to carry out pyramid selling activities. Participants were required to obtain the platform's membership account through online referrals and pay a virtual currency worth more than $500 as a threshold fee to receive value-added services. They could use the platform's 'smart dog brick-moving' technology to carry out arbitrage trading in different trading venues and obtain platform income. To evade crackdown, Chen and others moved the platform's customer service group and coin-dialing group abroad in January 2019 and continued to carry out pyramid selling activities with the 'Token' online platform. According to statistics, the 'Token' online platform registered more than 2.6 million member accounts, reaching 3293 levels, and collected more than 9 million various virtual currencies paid by members, including Bitcoin, Tether, and EOS. The People's Court of Yancheng Economic and Technological Development Zone in Jiangsu Province sentenced Chen to eleven years in prison and a fine of six million yuan for organizing and leading pyramid selling activities. The remaining defendants were sentenced to imprisonment ranging from eight years and eight months to two years, and fines were imposed. The illegal gains were recovered and confiscated, and turned over to the state treasury. After the first-instance judgment, Chen and others appealed. The Intermediate People's Court of Yancheng City in Jiangsu Province ruled to reject the appeal and uphold the original judgment. The People's Court, based on the position and role of the organizers and leaders of cross-border online pyramid selling activities in the entire crime chain, imposed corresponding penalties and legally confiscated the involved Bitcoin and other virtual currencies. This cut off the defendant's economic ability to commit cross-border crimes again, demonstrating the judicial authorities' determination to defend internet financial security and maintain the stable and healthy development of the financial market.
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