The recent settlement between the U.S. Securities and Exchange Commission (
#SEC败诉 ) and
#MangoDAO , Mango Labs LLC, and
#Blockworks Foundation underscores the regulatory scrutiny faced by decentralized finance (DeFi) entities. Here’s a summary of the key points from the announcement:
Summary of the Settlement
1. Allegations: The SEC charged that the MNGO token constituted an unregistered security and that the involved entities provided unregistered broker services.
2. Token Destruction and Trading Suspension: As part of the settlement, the entities will destroy their MNGO tokens and request crypto exchanges to halt trading of these tokens.
3. Financial Penalty: The total financial settlement amounts to $700,000, pending court approval.
4. Voting by DAO Members: The settlement follows an open vote within the Mango DAO, where members voted to adopt the settlement proposal. This decision reflects the governance model of DAOs, which relies on token-holder voting.
5. Past Token Sales: The entities reportedly sold $70 million worth of MNGO tokens starting in August 2021, raising questions about the token's future following the settlement.
6. SEC's Position: The SEC emphasized that the nature of the organization (in this case, a DAO) does not exempt it from regulatory obligations. The SEC's Acting Crypto and Cyber Unit Chief, Jorge Tenreiro, reiterated the need for compliance with registration requirements for entities involved in securities-intermediary functions.
7. Context: The settlement comes amid ongoing challenges for Mango Markets, particularly following a significant incident in 2022 when a hacker drained over $110 million from the platform. The involved individual, Avraham Eisenberg, faced fraud and market manipulation charges, with sentencing still pending.
Implications
- Regulatory Scrutiny: This case highlights the SEC's increasing focus on crypto projects and their compliance with existing securities laws, emphasizing that DAOs and
#DeFi projects are not outside the purview of regulation.
- Future of MNGO Token: The destruction of the
#MNGO tokens raises questions about the governance and operational capacity of Mango DAO moving forward, as governance tokens are often central to decision-making within DAOs.
- Investor Confidence: The outcome may affect investor confidence in similar projects, particularly those involving unregistered securities or complex regulatory landscapes.
This settlement serves as a critical reminder for crypto projects to assess their compliance with regulatory frameworks to avoid similar legal challenges.