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Financial Services Law Insights and Observations

New York charges virtual currency operators with fraud

State Issues State Attorney General Fintech Cryptocurrency

State Issues

On April 25, the New York Attorney General announced that operators of a virtual currency trading platform and “tether” virtual currency issuer, along with their affiliated entities, are enjoined from engaging in activities that may have defrauded investors trading in cryptocurrency. The AG’s investigation found that the operators allegedly “engaged in a cover-up to hide the apparent loss of $850 million dollars of co-mingled client and corporate funds.” Under the terms of the court order, the operators and companies must, among other things, (i) immediately end the further dissipation of U.S. dollar assets that back “tether” tokens; (ii) are prohibited from making any distributions to executives, employees, or agents, investors, or associates from “funds that that have been loaned, extended, or pledged, or otherwise taken from the U.S. dollar reserves held by the operator”; and (iii) are prohibited from destroying or deleting potentially relevant documents and communications.

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