CRYPTOCURRENCY NEWS AND ANALYSIS

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Seward & Kissel LLP
Philip Moustakis

Philip Moustakis |
Counsel

A former senior counsel in the SEC’s Division of Enforcement, Philip advises companies and individuals at Seward & Kissel on cryptocurrencies and blockchain technology, SEC enforcement matters, other regulatory investigations, and internal investigations. As a founding member of the SEC’s Cyber Unit, Philip advised the Commission on cryptocurrencies and investigated matters involving initial coin offerings (ICOs), unlawful touting of ICOs, and other violations of the federal securities laws related to cryptocurrencies. Publicly filed enforcement matters Philip spearheaded included the SEC’s first ever Bitcoin-related enforcement action against the operator of Bitcoin Savings & Trust, a Bitcoin-denominated Ponzi scheme, settled proceedings against an operator of a Bitcoin-related social media marketing venture and a popular Bitcoin betting site for the offer and sale of unregistered securities, and settled proceedings against an operator of unregistered cryptocurrency-denominated securities exchanges and broker-dealers.

“The SEC is a principles based regulator, and it will assert its jurisdiction over any securities offering or transaction, as it has done since the onset of the ICO craze, regardless of the technology used to facilitate such an offering.”
- Philip’s thoughts on the recent SEC enforcement action against Kik Interactive, Inc. as published in the Crowdfund Insider article “Former SEC Senior Counsel Comments on Kik Ruling: Kik Could Have Benefited From Traditional Capital Markets Lawyer "

Counsel

A former senior counsel in the SEC’s Division of Enforcement, Philip advises companies and individuals at Seward & Kissel on cryptocurrencies and blockchain technology, SEC enforcement matters, other regulatory investigations, and internal investigations. As a founding member of the SEC’s Cyber Unit, Philip advised the Commission on cryptocurrencies and investigated matters involving initial coin offerings (ICOs), unlawful touting of ICOs, and other violations of the federal securities laws related to cryptocurrencies. Publicly filed enforcement matters Philip spearheaded included the SEC’s first ever Bitcoin-related enforcement action against the operator of Bitcoin Savings & Trust, a Bitcoin-denominated Ponzi scheme, settled proceedings against an operator of a Bitcoin-related social media marketing venture and a popular Bitcoin betting site for the offer and sale of unregistered securities, and settled proceedings against an operator of unregistered cryptocurrency-denominated securities exchanges and broker-dealers.

“The SEC is a principles based regulator, and it will assert its jurisdiction over any securities offering or transaction, as it has done since the onset of the ICO craze, regardless of the technology used to facilitate such an offering.”
- Philip’s thoughts on the recent SEC enforcement action against Kik Interactive, Inc. as published in the Crowdfund Insider article “Former SEC Senior Counsel Comments on Kik Ruling: Kik Could Have Benefited From Traditional Capital Markets Lawyer "

Before You Spend, Earn: SEC Sues Gemini and Genesis over Gemini Earn Program

Philip Moustakis
January 17, 2023

Things Go BOOM!

Philip Moustakis
November 14, 2022

The Final Chapter? Bad Facts Make for Bad Law in LBRY Litigation

Philip Moustakis
November 11, 2022

Kim Kardashian’s Krypto Enforcement Action

Philip Moustakis
October 5, 2022

Gensler: The SEC Has Given You All the Crypto “Guidance” You Need

Philip Moustakis
September 12, 2022

Gotta Catch Them All? SEC Brings First Crypto Insider Trading Action

Philip Moustakis
August 15, 2022

Court Upbraids SEC for its “Hypocrisy” in Dispute over Drafts of Gary (Plastic) Speech

Philip Moustakis
July 14, 2022

New York State Legislature Passes Bill to Establish a Moratorium on Proof-of-work Cryptocurrency Mining Operations

Philip Moustakis
June 13, 2022

Former OpenSea Employee Charged with Insider Trading in NFTs; Could This be a “One-Off” or Sign of Future Actions?

Philip Moustakis
June 6, 2022

The SEC Takes Shot Across Bow of Crypto Lending Platforms

Philip Moustakis
February 24, 2022

Ripple Wins View Behind the Gary (Plastic) Curtain

Philip Moustakis
January 21, 2022

What We've Got Here is Failure to Communicate (with Apologies to Cool Hand Luke)

Philip Moustakis
October 21, 2020