In the Matter of Poloniex, LLC, Respondent, Order Instituting Cease-and-Desist Proceedings
Securities and Exchange Commission
Exchange Act Release No. 92607 (2021)
- Written by Steven Pacht, JD
Facts
Poloniex, LLC (defendant) operated a digital-asset trading platform through which users could buy and sell certain digital assets in a secondary market. Among other things, Poloniex (1) provided a limit-order book that matched multiple buyer and seller orders; (2) stored user orders on its order book in digital assets, many of which were securities within the meaning of the Securities Act of 1933 (Securities Act); and (3) displayed top orders (including symbol, size, and price) as bids and offers. Poloniex charged trading fees for each transaction executed on its platform. Poloniex did not register as a national exchange with the Securities and Exchange Commission (SEC) pursuant to § 5 of the Securities Exchange Act of 1934 (Exchange Act). The SEC instituted an administrative proceeding with respect to Poloniex, which Poloniex offered to settle. The SEC made certain factual and legal findings in connection with its acceptance of Poloniex’s settlement offer.
Rule of Law
Issue
Holding and Reasoning ()
Dissent (Peirce, C.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.