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But compared to the cost of having to cancel a crowdsale, return contributions to investors, and seek legal defense counsel after being prosecuted by the SEC, the next crop of ICOs may have little choice but to cough up and comply.

S., but the other two – D and A – offer a possible route to compliance., has gone for the A option, but its CEO, Mark Pohlkamp concedes that it is entering uncharted waters.

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The free and easy days of summer 2017, when anyone, anywhere could swap their ether for the hottest new tokens from the coolest new crowdsale seem like a distant memory.

In such scenarios, it is common for a single company to receive multiple subpoenas, so it is unlikely that the SEC has taken on the entire ICO landscape.

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S Securities and Exchange Commission is believed to have issued dozens of subpoenas to ICOs in its quest to uncover evidence of securities fraud.

Startups that have diligently refused to accept funds from U.

Regulation S is only applicable when the security is offered in a country outside of the U.

The regulatory agency’s position on initial coin offerings, as voiced by its chairman Jay Clayton, is well documented.Instead of keeping a low profile and praying the SEC doesn’t come calling, some startups have been beating a path straight to their door, seeking their tacit approval.

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