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Media Coverage'I Trusted It Was a Well-Known Securities Firm'—Securities Firm Impersonation Scam
These days, many people use securities company apps for mobile trading when investing in stocks. Taking advantage of this, investment scams that impersonate securities company apps and executives are on the rise. Reporter Lee Sun-young has the details. (omitted) Pureun “Ian” Hong, Financial Fraud Specialist Attorney, said, "Apps installed through external links are completely exposed to hacking risks. Furthermore, in the case of real stocks, securities companies have safety mechanisms in place to protect investors even if the company goes bankrupt. Depositing money into an account other than your own (as instructed by the scam) is highly likely to be fraud, so please be cautious."
2024-01-08 MBC Gyeongnam -
Media Coverage
Will Binance Be Held Back by Its Lawsuit with the U.S. SEC?
After reaching the largest settlement in history with the U.S. government, Binance continues its lawsuit with the U.S. Securities and Exchange Commission (SEC), and Binance founder Changpeng Zhao has taken a firm stance against the SEC. On the 13th (local time), Binance submitted documents to the court arguing that "the SEC has focused on transactions in which tokens were purchased from other anonymous token holders on Binance's website," and "there was no contract with the initiators of these transactions to invest funds." They contended that the SEC's claims of illegal investment contracts and securities sales by Binance do not hold, and the lawsuit should be dismissed. They also mentioned that the term "investment contract" is ambiguous when applied to digital asset transactions. Binance emphasized, "The term 'investment contract' is vague when applied to digital assets, and this issue should be decided by Congress, not the courts." (omitted) Hyeonsu “Elliot” Jin, Managing partner at Decent Law Firm, stated, "The SEC's lawsuit is regarding violations of securities laws. The settlement with the U.S. government is a separate matter," and added, "Binance's motion to dismiss the lawsuit is unlikely to be accepted in principle. The settlement may work against Binance in the ongoing SEC lawsuit." As the SEC expressed its intent to proceed with the lawsuit, Changpeng Zhao's planned trip to the UAE was also canceled. Previously, a U.S. court granted Zhao permission to travel to his home in the UAE, but at the request of the Department of Justice, he was ordered to remain in the U.S. until the SEC's trial ruling in February next year. Attorney Jin explained, "The UAE is not a country with an extradition treaty with the U.S., and it has never accepted such requests from the U.S. Moreover, a significant portion of Changpeng Zhao's assets are understood to be outside the U.S.," adding, "The court likely determined that if Zhao were to leave the country, there is no guarantee he would return to the U.S. In the end, they saw the potential for Zhao to flee."
2023-12-13 Korea Economy -
Media Coverage
Hundreds of Billions in Multi-level NFT Fraud Allegations Involving Coupang and Naver
A group of individuals who attracted investors by promising to operate a "profit-guaranteed shopping mall" that would resell products sourced from popular overseas online stores on domestic platforms like Naver and Coupang, but failed to pay the promised returns, is now under police investigation. It was revealed that, contrary to their promises, they brought in counterfeit goods, misused investors' personal information, and even issued Non-Fungible Tokens (NFTs) under the guise of innovative e-commerce to attract investment funds. (omitted) Pureun “Ian” Hong, Managing partner at Decent Law Firm, the legal representative for the victims, argued that their methods amounted to a pyramid scheme and a Ponzi scheme. Attorney Hong stated, "They shifted the responsibility of recruitment onto the investors by offering them incentives for bringing in new investors." He added, "With limited actual profit generation, it appears they were using funds from newly recruited investors to pay returns to earlier investors under the guise of profits." He further emphasized, "If an investment offers unusually high returns or unfamiliar methods of receiving funds, it’s important to be suspicious and to consider the risks of acting as a nominee before investing."
2023-12-01 Seoul Economy -
Media Coverage
Whales, the Major Players in the Coin Market, Hold 90% of Coins on Upbit
In Upbit, a domestic Korean Won-based virtual asset exchange, it has been found that in 9 out of 10 virtual assets traded, large investors (whales) hold more assets than small investors. This suggests that the circulated virtual assets are concentrated in the hands of issuers or a few intermediary businesses. Experts point out that in a coin market skewed towards whales, it is difficult to form healthy price levels, and the risk of a sharp price crash following large-scale sell-offs looms. (omitted) Pureun “Ian” Hong, Managing partner at Decent Law Firm, pointed out, "The market price is controlled by the decisions of a few whales. When whales sell large amounts of coins, the market is flooded with more than individual investors can absorb, leading to an inevitable drop in prices." The Wemix crash is a prime example of small investors being caught in the moves of whales. In late 2021, Wemade, the company behind Wemix, made a large-scale sale without prior notice, earning about 200 billion KRW. The price of Wemix subsequently plummeted by around 70%. Wemix investors then accused Wemade of misleading them about the circulation volume and filed a complaint against CEO Jang Hyun-guk, with the Seoul Southern District Prosecutors’ Office currently investigating whether Jang violated any laws. The fact that virtual assets operate in a regulatory blind spot further reduces the investment security of small investors. In securities markets, it is possible for a small number of individuals to hold a significant portion of shares. However, securities are subject to regulations such as disclosure requirements and insider trading prohibitions, which provide investor protection. In contrast, there are no such regulations in place for virtual assets. Attorney Hong said, "While there is some legal ambiguity around coins, they are not currently subject to regulations under the Capital Markets Act or the Commercial Act. As a result, measures to protect investors are extremely limited."
2023-11-21 biz.chosun -
Media Coverage
'KOK Token' Investment Fraud Controversy, Reports of Damages Filed with Authorities in Korea, the U.S., and the U.K.
Reports of damages have been filed with overseas financial authorities regarding KOK Token, an operator that attracted investment funds by promising up to 20% rewards based on contributions for introducing investments to others after depositing virtual assets. Domestic police have also received complaints against the company and have begun an investigation. The number of known victims is estimated to be 900,000, with the total damages approaching 4 trillion KRW. Investor groups have submitted a joint statement with over 1,500 signatures to the police and have filed petitions with the National Assembly as part of their collective action. (omitted) The investor group recently submitted a joint statement with 1,582 signatures to the police and filed a petition with the National Assembly, signaling the start of collective action. A representative of the investor group stated, "We plan to gather more victims, draft a collective petition, and submit it to the police." Experts warn that businesses that encourage investment referrals while guaranteeing high returns are likely to be illegal pyramid schemes, so caution is necessary. Pureun “Ian” Hong, Managing partner at Decent Law Firm, explained, “It is crucial to understand the issuance and circulation of virtual assets. If the issuer holds a large amount of the virtual asset and can sell it at any time, general investors may suffer significant losses due to a sharp price drop.”
2023-11-03 biz.chosun -
Media Coverage
The Determination of Whether Cryptocurrencies Qualify as Securities Has Just Begun
A court ruling has been made that effectively does not recognize the securities nature of 'Ripple (XRP),' which ranks 4th in the total market capitalization of cryptocurrencies. However, as the court determined that Ripple sold directly to institutional investors has the characteristics of a security, the virtual asset market is entering another phase. The virtual asset industry warns that since the court accepted some of the U.S. Securities and Exchange Commission’s (SEC) claims, further disputes over the securities nature of other assets may arise. (omitted) Legal experts suggest that aside from the summary judgment, this lawsuit could turn into a long-term battle. Additionally, as investments from institutions are now considered securities, various negative outcomes may occur, such as virtual asset projects struggling to find investors. (omitted) Pureun “Ian” Hong, managing partner at Decent Law Firm, said, “Most virtual asset projects have grown by receiving initial investments from institutions. However, with this ruling, such actions may now be considered investment contracts, which could make it more difficult for many virtual asset projects to attract funding in the future.”
2023-07-17 biz.chosun