Court Rules Crypto Mining Equipment is Considered Securities in SEC Case

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diamond_2020Legendary
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#1Nov 11, 2017, 06:49 AM
Green United argued that their product wasn't a security in their attempt to get the case thrown out. The SEC did a good job alleging that there was an investment contract involved, according to the court's ruling. A federal court in Utah shot down Green United LLC's bid to dismiss a civil fraud case from the SEC. They claimed their crypto mining "box" was hardware and that customers didn't engage in securities transactions with them. Judge Ann Marie McIff Allen stated that the SEC has convincingly claimed that Green Boxes (the mining hardware) along with the hosting agreement represent a security. This whole situation is separate from whether the digital assets or the deals surrounding them meet the investment contract criteria laid out in the 1946 SEC v. W.J. Howey Co. ruling. This has been a hot topic with lots of ongoing court battles in the crypto space. According to the SEC, Green United's mining gear and software failed to actually mine the digital tokens that they promised investors, who put $18 million into the venture. Instead, they bought tokens that hadn't been mined yet and just credited them to investors' accounts to make it look like mining was working as expected. The currency associated with Green United, known as GREEN, is said to have "no realizable value" since it wasn't trading anywhere in a secondary market.
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