SEC’s Cryptomining actions

SEC Charges NVIDIA Corporation with Inadequate Disclosures about Impact of Cryptomining

Cryptomining is the process of obtaining crypto rewards in exchange for verifying crypto transactions on distributed ledgers. As demand for and interest in crypto rose in 2017, NVIDIA customers increasingly used its gaming GPUs for cryptomining

During consecutive quarters in NVIDIA’s fiscal year 2018, the company failed to disclose that cryptomining was a significant element of its material revenue growth from the sale of its graphics processing units (GPUs) designed and marketed for gaming.

“NVIDIA’s disclosure failures deprived investors of critical information to evaluate the company’s business in a key market,” said Kristina Littman, Chief of the SEC Enforcement Division’s Crypto Assets and Cyber Unit. “All issuers, including those that pursue opportunities involving emerging technology, must ensure that their disclosures are timely, complete, and accurate.”

Without admitting or denying the SEC’s findings, NVIDIA agreed to a cease-and-desist order and to pay a $5.5 million penalty.

SEC Halts Fraudulent Cryptomining and Trading Scheme

The Securities and Exchange Commission today announced fraud charges against MCC International Corp. (MCC), which does business as Mining Capital Coin Corp., its founders Luiz Carlos Capuci, Jr. (aka Junior Caputti or Capuci) and Emerson Souza Pires (Pires), and two other entities controlled by Capuci, CPTLCoin Corp. (CPTLCoin) and Bitchain Exchanges (Bitchain).

According to the SEC’s complaint, Defendants MCC, Capuci, and Pires allegedly netted at least $8.1 million from the sale of the mining packages and $3.2 million in initiation fees

The SEC’s complaint seeks injunctions against future securities law violations, disgorgement of the defendants’ ill-gotten gains, civil penalties, and officer and director bars against Capuci and Pires.

SEC Nearly Doubles Size of Enforcement’s Crypto Assets and Cyber Unit

The SEC today announced the allocation of 20 additional positions to the unit responsible for protecting investors in crypto markets and from cyber-related threats. The newly renamed Crypto Assets and Cyber Unit (formerly known as the Cyber Unit) in the Division of Enforcement will grow to 50 dedicated positions.

Since its creation in 2017, the unit has brought more than 80 enforcement actions related to fraudulent and unregistered crypto asset offerings and platforms, resulting in monetary relief totaling more than $2 billion.

Elon Musk Twitter deal financing

Here is a breakdown of financing Elon has secured for his twitter deal.

Equity InvestorAggregate Equity Commitment
A.M. Management & Consulting25,000,000
AH Capital Management, L.L.C. (a16z)400,000,000
Aliya Capital Partners LLC360,000,000
BAMCO, Inc. (Baron)100,000,000
Binance500,000,000
Brookfield250,000,000
DFJ Growth IV Partners, LLC100,000,000
Fidelity Management & Research Company LLC316,139,386
Honeycomb Asset Management LP5,000,000
Key Wealth Advisors LLC30,000,000
Lawrence J. Ellison Revocable Trust1,000,000,000
Litani Ventures25,000,000
Qatar Holding LLC375,000,000
Sequoia Capital Fund, L.P.800,000,000
Strauss Capital LLC150,000,000
Tresser Blvd 402 LLC (Cartenna)8,500,000
VyCapital700,000,000
Witkoff Capital100,000,000
HRH Prince Alwaleed Bin Talal Bin Abdulaziz1,894,234,445
Total7,138,873,831

Total financing commitment secured by Elon is $7.14 billion. Prince Alwaleed already owns 34.95 million shares of Twitter. Elon already owns 73.12 million shares (~9.6%) out of 764.18 million shares.

Check this link for detailed Schedule 13D filing.

The largest investment is by Lawrence J. Ellison Revocable Trust of $1 billion. “The Lawrence J Ellison Revocable Trust”, based in Walnut Creek, serves as the personal single family office of Larry Ellison. The firm is known to be a venture capital and private equity investor. Larry Ellison, the executive chairman of Oracle.

$800 million will be provided by Sequoia Capital. Sequoia Capital is an American venture capital firm. The firm is headquartered in Menlo Park, California and mainly focuses on the technology industry. Donald Valentine founded Sequoia Capital in 1972.

$700 million will be provided by VyCapital. Vy Capital is an investment firm that focuses on the internet and software industry. It was founded in 2013 by Alexander Tamas and is headquartered in Dubai, United Arab Emirates. Alexander, a German national, is the founder of Vy Capital which he started with a vision of building an investment firm designed to invest in some of the world’s leading technology companies and hold them for decades.

$500 million will be invested by Binance. Binance is a cryptocurrency exchange which is the largest exchange in the world in terms of daily trading volume of cryptocurrencies. It was founded in 2017 and is registered in the Cayman Islands. Binance was founded by Changpeng Zhao, a developer who had previously created high frequency trading software. [Wikipedia]

AH Capital Management, L.L.C., doing business as Andreessen Horowitz, operates as a venture capital firm. The Company invests in software and technology. Andreessen Horowitz. $400 million will be invested by AH.

Aliya is the Investment Manager of the Fortune Pre-IPO Fund, investing in innovative and disruptive companies including Airbnb, SpaceX, Robinhood, Grab, Brex, Chime, Stripe, Impossible Food and Paytm, among others. Aliya Capital Partners will invest $360 million.

The smallest investment in the lot will be from Honeycomb Asset Management LP of $5 million. It is a private investment firm led by Founder and Chief Investment Officer David Fiszel. Honeycomb focuses on innovation and specializes in long/short equity and select private investment opportunities. Honeycomb invests globally across various industries and sectors, including in technology, media, telecommunications and consumer-related investments with a mission statement to invest in the future and short the past. Honeycomb was founded in 2016 and is based in New York.