2023-04-17 sec-litreleases litigation_release 66 KB 2,981 chars

SEC v. Bittrex, Inc.; Bittrex Global, GmbH; and William Hiroaki Shihara, No. LR-25817, Western District of Washington (Apr. 17, 2023) — Press Release

raw: Bittrex, Inc., Bittrex Global, GmbH, William Hiroaki Shihara

Bittrex, Inc., Bittrex Global, GmbH, William Hiroaki Shihara, No. 2:23-cv-00580-RSM (Apr. 17, 2023)

Caption
Securities and Exchange Commission v. Bittrex Inc., Bittrex Global GmbH, and William Hiroaki Shihara
summary

The SEC obtained a final judgment against Bittrex Inc., Bittrex Global GmbH, and CEO William Shihara for operating unregistered exchanges and evading regulatory scrutiny.

paragraph

The SEC secured a final judgment against Bittrex, Bittrex Global, and former CEO William Shihara for operating as unregistered brokers, exchanges, and clearing agencies. The defendants were ordered to pay a total of $24 million, which includes $14.4 million in disgorgement, $4 million in prejudgment interest, and a $5.6 million civil penalty. The settlement also includes permanent injunctions against violating the Securities Exchange Act of 1934.

narrative

The SEC has obtained a final judgment against crypto trading platform Bittrex Inc., its affiliate Bittrex Global GmbH, and former CEO William Shihara. The SEC alleged that the defendants operated as unregistered national securities exchanges, brokers, and clearing agencies while facilitating the trading of crypto assets deemed securities. Furthermore, Shihara was accused of directing issuers to delete 'problematic statements' from public channels to avoid regulatory investigations. As part of the settlement, Bittrex and Bittrex Global must pay a total of $24 million, consisting of $14.4 million in disgorgement, $4 million in interest, and a $5.6 million penalty. The defendants are also permanently enjoined from violating the Securities Exchange Act of 1934. This legal action follows Bittrex's announcement to shut down its U.S. platform and its subsequent bankruptcy filing in Delaware.

Enriched metadata

Scheme
crypto-securities (95%)
Court
Western District of Washington
Case No.
2:23-cv-00580-RSM
Disgorgement
$14,400,000
Civil penalty
$24,000,000
Entity
Bittrex Inc.
Classified crypto-securities(confidence 95%). EDGAR detection: forms 1-A/S-1/8-K· recall 43% / precision 2%. detection rule →
Statutes
Sections 5, 15(a), and 17A of the Securities Exchange ActSections 5, 15(a), and 17A of the Securities Exchange ActSections 5, 15(a), and 17A of the Securities Exchange Act
Parties
Securities and Exchange CommissionBittrex, Inc.Bittrex Global, GmbHWilliam Hiroaki Shihara
Keywords
bittrexbittrex globalsecurities exchangesecglobalshiharaglobal gmbhsecuritiescrypto assetsexchangecryptogmbh williamwilliam hiroakihiroaki shiharaexchange commission

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 4
  • $24.00M $24 million $10M–$100M
  • $14.40M $14.4 million $10M–$100M
  • $5.60M $5.6 million $1M–$10M
  • $4.00M $4 million $1M–$10M
Entities 3
  • person Alistaire Bambach
  • agency delete problematic statements from public channels to avoid sec investigation
  • agency Securities and Exchange Commission
Triples 17
  • Securities And Exchange Commission obtained final judgment against Bittrex Inc., Bittrex Global GmbH, and William Hiroaki Shihara
  • Securities And Exchange Commission charged Bittrex with operating as an unregistered national securities exchange, broker, and clearing agency
  • Securities And Exchange Commission charged William Shihara as a control person for Bittrex’s violations
  • Securities And Exchange Commission charged Bittrex Global for failing to register as a national securities exchange
  • Bittrex provided services to U.S. investors in connection with crypto assets that were offered and sold as securities
  • Bittrex and William Shihara directed issuers to delete problematic statements from public channels to avoid SEC investigation
  • Bittrex announced intention to shut down its trading platform in the United States
  • Bittrex filed for bankruptcy in the state of Delaware
  • Defendants consented to entry of final judgments enjoining Bittrex and Shihara from violating Sections 5, 15(a), and 17a of the Securities Exchange Act of 1934
  • Defendants consented to entry of final judgments enjoining Bittrex Global from violating Section 5 of the Securities Exchange Act of 1934
  • Bittrex and Bittrex Global will pay disgorgement of $14.4 million, prejudgment interest of $4 million, and a civil penalty of $5.6 million
  • Securities And Exchange Commission conducted investigation by Daphna Waxman, Pamela Sawhney, Ainsley Kerr, Jordan Baker, Neil Hendelman, and Lisa Knoop
  • Securities And Exchange Commission supervised investigation by Mark R. Sylvester, Jorge Tenreiro, and David Hirsch
  • Securities And Exchange Commission conducted litigation by Ben Kuruvilla, Michael Welsh, and Christopher Carney
  • Securities And Exchange Commission supervised litigation by Ladan Stewart and Olivia Choe
  • Litigation in bankruptcy court is being handled by Therese Scheuer and Patricia Schrage
  • Litigation in bankruptcy court is being supervised by Alistaire Bambach
Text layers
Extracted body text (2,981c)
U.S SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25817 / Aug. 29, 2023 Securities and Exchange Commission v. Bittrex Inc., Bittrex Global GmbH, and William Hiroaki Shihara, Civ. Action 2:23-cv-00580-RSM (W.D. Wash. filed April 17, 2023) SEC Obtains Final Judgment against Bittrex, Inc. and Bittrex Global Gmbh On August 15, 2023, the Securities and Exchange Commission obtained a final judgment against crypto asset trading platform Bittrex Inc. (“Bittrex”), its co-founder and former CEO, William Shihara (Shihara”), and Bittrex’s foreign affiliate, Bittrex Global GmbH (“Bittrex Global”). The SEC previously charged Bittrex with operating as an unregistered national securities exchange, broker, and clearing agency, and charged Shihara as a control person for Bittrex’s violations. The SEC also charged Bittrex Global for failing to register as a national securities exchange. The SEC’s complaint, filed on April 17, 2023 in U.S. District Court for the Western District of Washington, alleged that Bittrex acted as an unregistered broker, exchange, and clearing agency by providing services to U.S. investors in connection with crypto assets that the SEC’s complaint alleged were offered and sold as securities. The complaint further alleged that Bittrex and Shihara directed issuers who sought to have their crypto assets made available for trading on Bittrex’s platform to first delete from public channels certain “problematic statements” that Shihara believed would lead a regulator, such as the SEC, to investigate whether the crypto asset was offered and sold as a security. Prior to the filing of the SEC’s complaint, Bittrex announced its intention to shut down its trading platform in the United States and, on May 8, 2023, filed for bankruptcy in the state of Delaware. As part of the settlement, the defendants consented to entry of final judgments that permanently enjoin Bittrex and Shihara from violating Sections 5, 15(a), and 17A of the Securities Exchange Act of 1934 and enjoin Bittrex Global from violating Section 5 of the same Act. In addition, under the terms of the judgment, Bittrex and Bittrex Global will pay, on a joint and several basis, disgorgement of $14.4 million, prejudgment interest of $4 million, and a civil penalty of $5.6 million, for a total monetary payment of $24 million. The SEC’s investigation was conducted by Daphna Waxman and Pamela Sawhney of the Division of Enforcement’s Crypto Assets and Cyber Unit, Ainsley Kerr of the Market Abuse Unit, and Jordan Baker, Neil Hendelman, and Lisa Knoop of the New York Regional Office. It was supervised by Mark R. Sylvester, Jorge Tenreiro, and David Hirsch of the Crypto Assets and Cyber Unit. The SEC’s litigation was conducted by Ben Kuruvilla, Michael Welsh, and Christopher Carney and supervised by Ladan Stewart and Olivia Choe. Litigation in the bankruptcy court is being handled by Therese Scheuer and Patricia Schrage and supervised by Alistaire Bambach. SEC Complaint
OCR text (2,981c · html-text · 99% conf)
U.S SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25817 / Aug. 29, 2023 Securities and Exchange Commission v. Bittrex Inc., Bittrex Global GmbH, and William Hiroaki Shihara, Civ. Action 2:23-cv-00580-RSM (W.D. Wash. filed April 17, 2023) SEC Obtains Final Judgment against Bittrex, Inc. and Bittrex Global Gmbh On August 15, 2023, the Securities and Exchange Commission obtained a final judgment against crypto asset trading platform Bittrex Inc. (“Bittrex”), its co-founder and former CEO, William Shihara (Shihara”), and Bittrex’s foreign affiliate, Bittrex Global GmbH (“Bittrex Global”). The SEC previously charged Bittrex with operating as an unregistered national securities exchange, broker, and clearing agency, and charged Shihara as a control person for Bittrex’s violations. The SEC also charged Bittrex Global for failing to register as a national securities exchange. The SEC’s complaint, filed on April 17, 2023 in U.S. District Court for the Western District of Washington, alleged that Bittrex acted as an unregistered broker, exchange, and clearing agency by providing services to U.S. investors in connection with crypto assets that the SEC’s complaint alleged were offered and sold as securities. The complaint further alleged that Bittrex and Shihara directed issuers who sought to have their crypto assets made available for trading on Bittrex’s platform to first delete from public channels certain “problematic statements” that Shihara believed would lead a regulator, such as the SEC, to investigate whether the crypto asset was offered and sold as a security. Prior to the filing of the SEC’s complaint, Bittrex announced its intention to shut down its trading platform in the United States and, on May 8, 2023, filed for bankruptcy in the state of Delaware. As part of the settlement, the defendants consented to entry of final judgments that permanently enjoin Bittrex and Shihara from violating Sections 5, 15(a), and 17A of the Securities Exchange Act of 1934 and enjoin Bittrex Global from violating Section 5 of the same Act. In addition, under the terms of the judgment, Bittrex and Bittrex Global will pay, on a joint and several basis, disgorgement of $14.4 million, prejudgment interest of $4 million, and a civil penalty of $5.6 million, for a total monetary payment of $24 million. The SEC’s investigation was conducted by Daphna Waxman and Pamela Sawhney of the Division of Enforcement’s Crypto Assets and Cyber Unit, Ainsley Kerr of the Market Abuse Unit, and Jordan Baker, Neil Hendelman, and Lisa Knoop of the New York Regional Office. It was supervised by Mark R. Sylvester, Jorge Tenreiro, and David Hirsch of the Crypto Assets and Cyber Unit. The SEC’s litigation was conducted by Ben Kuruvilla, Michael Welsh, and Christopher Carney and supervised by Ladan Stewart and Olivia Choe. Litigation in the bankruptcy court is being handled by Therese Scheuer and Patricia Schrage and supervised by Alistaire Bambach. SEC Complaint