SEC Slaps 'Fraudulent' ICO Founder With $30K Fine, Lifetime Ban

The SEC has issued a cease-and-desist along with a $30,000 penalty to the founder of a token sale it called "fraudulent."

AccessTimeIconAug 14, 2018 at 3:49 p.m. UTC
Updated Sep 13, 2021 at 8:17 a.m. UTC
10 Years of Decentralizing the Future
May 29-31, 2024 - Austin, TexasThe biggest and most established global hub for everything crypto, blockchain and Web3.Register Now

The U.S. Securities and Exchange Commission (SEC) announced Tuesday that it had secured new prohibitions against the founder of a company behind an allegedly fraudulent initial coin offering (ICO).

that it obtained officer-and-director and penny-stock bars against David Laurance and his company, Tomahawk Exploration LLC. Tomahawk, the SEC alleges, sought to raise funds through a "Tomahawkcoin" token sale that utilized misleading marketing materials and false claims about oil drilling licenses.

Further, the Tomahawkcoin is said to have been sold along with the false promise that "token owners would be able to convert the Tomahawkcoins into equity and potentially profit from the anticipated oil production and secondary trading of the tokens," according to the SEC's statement on the matter.

According to the Tuesday announcement, Laurance has neither admitted nor denied the SEC's allegations but he and the company have agreed to the bars along with a $30,000 penalty.

The officer-and-director bar prevents Laurance from serving in either capacity in a public company, while the penny stock bar prevents him from trading or owning penny stocks. Both prohibitions are permanent, according to the SEC.

"Investors should be alert to the risk of old-school frauds, like oil and gas schemes, masquerading as innovative blockchain-based ICOs," Robert Cohen, who leads the SEC's Cyber Unit, said in a statement.

Notably, the SEC order indicates that the agency is now scrutinizing token distributions for marketing purposes, calling into question whether airdrops (or free dispersals of tokens) constitute securities sales.

As the agency noted:

"...Tomahawk issued tokens as part of the Bounty Program to generate interest in the ICO, which benefited Tomahawk. Distribution of tokens that are securities in exchange for promotional services to advance the issuer's economic objectives or create a public market for the securities constitute sales for purposes of Section 5 of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder."

SEC emblem image via Shutterstock

Disclosure

Please note that our privacy policy, terms of use, cookies, and do not sell my personal information has been updated.

CoinDesk is an award-winning media outlet that covers the cryptocurrency industry. Its journalists abide by a strict set of editorial policies. In November 2023, CoinDesk was acquired by the Bullish group, owner of Bullish, a regulated, digital assets exchange. The Bullish group is majority-owned by Block.one; both companies have interests in a variety of blockchain and digital asset businesses and significant holdings of digital assets, including bitcoin. CoinDesk operates as an independent subsidiary with an editorial committee to protect journalistic independence. CoinDesk employees, including journalists, may receive options in the Bullish group as part of their compensation.


Learn more about Consensus 2024, CoinDesk's longest-running and most influential event that brings together all sides of crypto, blockchain and Web3. Head to consensus.coindesk.com to register and buy your pass now.