Abra charged by SEC for unregistered crypto offers and sales

As a seasoned researcher who has witnessed the dynamic evolution of the financial sector, I find it both disheartening and unsurprising that yet another player in the crypto space, Abra in this case, has run afoul of regulatory bodies like the SEC. It seems that the Wild West nature of the cryptocurrency market continues to attract companies that operate on the fringes of legality, offering high-risk, high-reward investments without adhering to necessary safeguards designed to protect investors.


On August 26th, it was revealed that the U.S. Securities and Exchange Commission (SEC) had reached an agreement with Plutus Lending LLC, commonly recognized as Abra, regarding allegations made against them.

The allegations concern Abra not complying with the necessary registrations for its cryptocurrency lending product, Abra Earn, and for functioning as an unregistered investment company. As stated in the SEC’s lawsuit, Abra initiated offering Abra Earn in July 2020, providing American investors a platform to loan their cryptocurrencies and receive interest payments.

At its highest point, Abra Earn handled around six hundred million dollars’ worth of assets, with almost half a billion dollars originating from American investors, as stated in the Securities and Exchange Commission’s announcement.

On August 12th, the Attorney General of New Jersey recommended that state investors withdraw their funds from Abra, as it was shutting down its U.S. operations due to a nationwide probe into the illegal sale of unregistered securities. Under an agreement with New Jersey authorities, Abra must return all remaining cryptocurrency assets to investors, convert them to U.S. dollars, and issue refund checks for any amounts exceeding $10.

In a move mirroring previous actions in Texas, Abra stands accused of concealing crucial financial details.

Details of Abra’s charges

The SEC alleges that Abra Earn was marketed as a secure investment without meeting the necessary registration requirements. Additionally, Abra held more than 40% of its assets in investment securities, violating the Investment Company Act.

Despite Abra scaling back its operations from June 2023, the Securities and Exchange Commission’s allegations underscore Abra’s lack of adherence to rules meant for safeguarding investors.

In response to the allegations, Abra has chosen to resolve the issue by accepting a court-imposed restriction (injunction) and facing possible monetary fines (civil penalties), with the exact amount yet to be decided by the judge.

This news mirrors the SEC’s recent legal disputes with Gemini Earn. In February, Genesis Global Capital, LLC consented to pay a $21 million fine to settle charges by the SEC for selling unregistered securities through its cryptocurrency lending program, Gemini Earn.

After Genesis filed for bankruptcy in January 2023, investors found they couldn’t retrieve their investments, underscoring the potential dangers of disregarding federal securities regulations in the unpredictable cryptocurrency market. The Securities and Exchange Commission (SEC) is emphasizing this point through its enforcement actions.

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2024-08-26 21:38