Mon, Feb 2, 2026
A A A
Welcome Guest
Free Trial RSS pod
Get FREE trial access to our award winning publications
Alternative Market Briefing

SEC cracks down on crypto asset securities: Impact Theory to pay over $6m

Tuesday, September 17, 2024

Matthias Knab, Opalesque:

In a recent development that underscores the Securities and Exchange Commission's (SEC) ongoing scrutiny of the crypto asset market, Impact Theory, LLC has been ordered to pay more than $6 million in relation to its offering of crypto asset securities. This case serves as a stark reminder to hedge funds and other financial entities about the regulatory risks associated with crypto-related investments and offerings.

The Case at a Glance

On September 16, 2024, the SEC issued an order appointing a Fund Administrator in the administrative proceeding against Impact Theory, LLC. This follows an earlier Order Instituting Cease-and-Desist Proceedings issued on August 28, 2023, which found that Impact Theory had violated Sections 5(a) and 5(c) of the Securities Act.

The Violation

According to the SEC's findings, Impact Theory, a media and entertainment company, offered and sold crypto asset securities known as Founder's Keys ("KeyNFTs") from October 13 to December 6, 2021. These were marketed as non-fungible tokens (NFTs) and raised approximately $29.9 million worth of ether (ETH) from at least hundreds of investors across the United States.

The crux of the violation lies in the SEC's determination that these KeyNFTs were, in fact, investment contracts and therefore securities under the Howey test. Impact Theory had promised "tremendous value" to purchasers and stated that the proceeds would be used for development, team......................

To view our full article Click here

Previous Opalesque Exclusives                                  
Previous Other Voices                                               
Access Alternative Market Briefing

 



  • Top Forwarded
  • Top Tracked
  • Top Searched
  1. Other Voices: Nvidia extraordinary growth and the challenge of sustaining demanding valuations over time[more]

    Antonio Di Giacomo, Senior Market Analyst at XS.com, writes: Nvidia has established itself as one of the most extraordinary growth companies in the global technology sector. Over the past two fiscal years, its revenues have risen from levels close to $60 billion annually to well above $120 billi

  2. Secondaries take center stage: What the 2026 PE landscape means for GPs and investors[more]

    Matthias Knab, Opalesque for New Managers: The 2026 edition of Dechert's Global Private Equity Outlook - "Signs of a Gradual Thaw" - marks a notable shift in industry sentiment. After years of compr

  3. Opalesque Exclusive: Hedge funds outperform mutual funds in managing extreme risk contagion - key insights for investors[more]

    Matthias Knab, Opalesque for New Managers: Hedge funds and mutual funds are among the most prominent vehicles for investors seeking growth and diversification. However, a critical question persists: which fund ty

  4. Other Voices: Life settlements hedge funds are gaining acceptance among institutional investors[more]

    By Donald A. Steinbrugge, CFA - Founder and CEO of Agecroft Partners, a global hedge fund consulting and marketing firm. Over the past decade, life settlements hedge funds have steadily gained acceptance among institutional investors. Their appeal lies in the potential to deliver

  5. And, finally: Time to share it with the people[more]

    From Newsoftheweird: Leavenworth, Washington, has become a tourist destination because of the Bavarian theme businesses have adopted there, NPR reported. One shop, the Leavenworth Nutcracker Museum, houses the world's largest nutcracker collection, thanks to 101-year-old Arlene Wagner. Wagner sta