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U.S. SEC Commissioner Hester Peirce said in a statement on Friday that the SEC has taken many troubling crypto enforcement actions, but the LBRY case is particularly troubling and disappointing. Hester Peirce does not support the SEC's lawsuit against LBRY, but has not been able to publicly express this view during the LBRY case.
Last week, LY announced that it would not appeal the decision after a U.S. District Court ruled against LBRY on the issue of whether its token sale was an unregistered securities offering. LOBY announced that the company would close and its assets would be taken over and used to pay off its debts, including civil penalties paid to the SEC.
Peirce said that while the SEC's claim that it is clear that securities laws apply to token projects, this is not the case. She said that there is no clear way for companies like LOMY to register their functional token offerings. Even if a company does successfully register its token offering, this is not completely immune to SEC enforcement actions. Peirce added that compliance is important for investors. (The Block)
Previously, on October 20, LBRY, a blockchain-based file sharing network, announced that LBRY Inc. was about to close, and its decentralized code was open source, which will be developed by users at their own discretion.
LBRY Inc. has unpayable debts to the SEC, its legal team, and private debtors. Its assets, including Odysee, are in receivership. All LBRY executives, employees and board members have resigned.
In March 2021, the SEC filed a lawsuit against LBRY, alleging that it violated securities laws by selling LBC tokens; In November 2022, a U.S. judge ruled in favor of the SEC in the case; In January, the SEC reached a settlement with LBRY, acknowledging that the sale of LBRY's native token, LBC, on the secondary market did not constitute a securities transaction. In addition, the judge stated that its injunction did not apply to secondary market sales; In May, the SEC applied to the court to change the $22 million fine against LBRY to about $110,000.
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