CEU eTD Collection (2023); Duong, Vi Tuong: Protection of Investors into Crypto Assets - The Case of the United States

CEU Electronic Theses and Dissertations, 2023
Author Duong, Vi Tuong
Title Protection of Investors into Crypto Assets - The Case of the United States
Summary The development of technology has led to the emergence of many new investment forms, one of which is crypto assets. Although crypto assets might benefit investors in many ways, such as substantial profits, it is undeniable that the risks borne by investors are significantly higher than those associated with conventional investment vehicles like common stock. While several countries have banned crypto asset investment, the United States has taken a cautious approach to regulating it. One of the negative consequences of this approach has been the attempt by crypto asset businesses to find ways to avoid it, such as excluding US investors during initial coin offerings or labeling the crypto assets to avoid classification as securities. Regardless of how hard these businesses may try, investor protection efforts by US regulators continue to manifest in various forms of enforcement, despite controversial debates among the regulators themselves and the frustration of the crypto community.
By analyzing US statutory material, case law and public materials from relevant regulatory agencies regarding crypto assets, this thesis aims to provide an analysis of how investors in crypto assets are protected under US federal securities laws, and to draw conclusions about whether the regulatory responses of US regulators, with a specific focus on the SEC, benefit the investors. A brief discussion of the impact of such responses on crypto asset businesses will also be included in this thesis.
Supervisor Tajti, Tibor
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2023/duong_vi.pdf

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