When Telegram’s bold $1.7 billion crypto venture collapsed in Could, individuals pronounced the dying of the “SAFT.” Referred to as a Easy Settlement for Future Tokens, the SAFT was a kind of ICO designed to lift startup funds via the sale of blockchain-based tokens whereas staying inside US securities legal guidelines.
It was a sensible concept: promote traders the proper to future tokens, in order that when the community finally launched and the tokens distributed, the tokens would not be securities. Then, the SEC took Telegram to the courts and blocked the venture, forcing the corporate to return a lot of the cash to traders.
The SAFT, it appeared, was useless.
And that may spell dangerous information for Kik, one other messenger app that the SEC is raking over the coals for an ICO that equally used a SAFT. The SEC alleges that the 2017 token sale for Kik’s personal crypto play, Kin, which raised $100 million, was an unregistered securities providing, and that the SAFT didn’t change squat.
And through a dial-in listening to yesterday wherein legal professionals for the SEC and for Kik traded jabs in oral arguments, the SEC invoked the Telegram to plead its case.
Choose Alvin Hellerstein, nevertheless, responded by saying that two instances current completely different points—maybe Kik’s destiny isn’t sealed in any case.
“I perceive that Choose Castel’s [the judge that presided over Telegram’s case] resolution has lots of reasoning that’s snug to you,” Choose Hellerstein informed the SEC’s legal professionals. “Thoroughly-reasoned resolution, attribute of Choose Castel, however I believe our points are completely different.”
Castel had mentioned that the SEC had proven “a considerable probability of success” in proving that Telegram had offered Grams to speculators—an indicator of a safety. Choose Hellerstein famous, nevertheless, that this alone isn’t sufficient to grant SEC’s movement for abstract judgment towards Kik. (Telegram, in any case, settled its lawsuit with the SEC with out admitting or denying the costs.)
“I believe that there isn’t a binding precedent on me a method or one other,” mentioned Choose Hellerstein. In different phrases, Telegram’s demise isn’t essentially Kik’s.
Hellerstein didn’t determine the case there after which. He’ll both throw it out or schedule a full trial. Both means, it may very well be some time longer earlier than Kik’s stand to “defend crypto” meets its finish.