The US Securities and Exchange Commission (SEC) has filed charges against New York-based crypto exchange Unicoin, along with several top executives, alleging a scheme to defraud investors through misleading claims tied to the sale of rights certificates and company stock.
The SEC has accused Unicoin of falsely claiming to have raised over $3 billion through its rights certificate offerings. In reality, the agency claimed the company raised no more than $110 million from investors.
Deceptive Crypto Investment Campaign
According to a complaint filed in the Southern District of New York, the SEC accused CEO and Chairman Alex Konanykhin, former president and board chairwoman Silvina Moschini, former Chief Investment Officer Alex Dominguez, and general counsel Richard Devlin of orchestrating or facilitating deceptive promotional campaigns that resulted in over 5,000 individuals purchasing rights certificates marketed as access to “asset-backed” Unicoin tokens.
Promotional materials, widely circulated through high-profile advertising in airports, taxis, television, and social media, portrayed these rights certificates as secure and lucrative investments linked to crypto assets allegedly backed by billions of dollars in real estate and equity holdings in private companies.
However, the SEC argued that Unicoin’s actual holdings represented only a small fraction of those claims.
In an official statement, Mark Cave, Associate Director in the SEC’s Division of Enforcement, said,
“We allege that Unicoin and its executives exploited thousands of investors with fictitious promises that its tokens, when issued, would be backed by real-world assets including an international portfolio of valuable real estate holdings.”
False Claims of Regulatory Compliance
Unicoin and its executives also reportedly misled investors by claiming the offerings were registered with the SEC or were otherwise compliant with US regulations, which they were not.
The securities agency further alleges that Konanykhin personally sold nearly 38 million rights certificates, including to investors that Unicoin had initially excluded to maintain a registration exemption, which violated securities laws governing unregistered offerings. All four individuals are charged with antifraud violations, with Unicoin and Konanykhin also facing charges related to unregistered securities sales.
As such, the SEC is seeking permanent injunctions, civil penalties, and disgorgement of ill-gotten gains, as well as prohibiting the three executives from serving as officers or directors of public companies. Additionally, Devlin, the company’s general counsel, has agreed to settle the charges without admitting or denying the allegations. His settlement includes a permanent injunction and a $37,500 civil penalty for negligently making misleading statements in private placement documents.
Konanykhin wrote in an April 3 Miami Herald opinion piece that the SEC informed Unicoin in December of planned fraud charges. However, he “vehemently refuted” the claims.
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The SEC charged Unicoin executives with fraud for misleading over 5,000 investors about asset-backed token offerings and regulatory compliance. AA News, Crypto News, SEC CryptoPotato
