The U.S. Securities and Exchange Commission (SEC) has settled charges with Nashville-based Linus Financial, Inc. over its crypto lending product, Linus Interest Accounts. Remarkably, the SEC chose not to impose civil penalties on the firm. The regulatory body cited Linus Financial’s cooperation and swift corrective measures as critical reasons for this leniency.
According to the SEC, the company started offering its Linus Interest Accounts in March 2020. These accounts allowed U.S. investors to convert fiat currency into cryptocurrency assets. In return, Linus Financial promised to pay interest. However, the SEC identified these accounts as securities, necessitating registration, which Linus Financial still needed to secure.
Significantly, upon realizing the oversight, Linus Financial ceased offering these accounts to potential investors as of March 25, 2022. Moreover, they initiated a process that allowed existing investors to pull out their investments by the end of April 2022, guaranteeing a full refund. Thus, The SEC appreciates the company’s fast response and corrective measures.
While responsibility is vital, Stacy Bogert, associate director of the SEC’s enforcement division, noted that the SEC wants corporations to collaborate and quickly correct errors.
“Today’s settlement provides an essential reminder about the necessity of cooperation and remediation,” Bogert stated.
Besides Linus Financial, the Commodity Futures Trading Commission also warned other players in the decentralized finance protocols. At a time when skeptics claim the SEC uses enforcement proceedings as a backdoor to lawmaking rather than creating explicit laws, the agency’s approach to Linus Financial stands apart.
This development seems timely despite the heated debate over the SEC Stabilization Act, which seeks to reorganize the agency and perhaps impeach its current head, Gary Gensler. As a result, this case with Linus Financial provides a new viewpoint on the broader discussion on cryptocurrency regulation.
Despite obstacles, the SEC looks eager to enable a cooperative approach rather than a punitive one towards new financial products in the crypto industry.
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