United

Sparkster

April

Crypto YouTuber Ian Balina sold unregistered securities when he bought Sparkster (SPRK) tokens and offered them to United States investors in an investment pool, a Texas federal court judge has ruled.
“The Court has determined, as a matter of law, that U.S. securities laws are applicable to Balina’s actions and that SPRK tokens qualify as securities,” Judge David Alan Ezra <a href="https://www.courtlistener.com/docket/65357182/44/us-securities-and-exchange-commission-v-balina/" target="_blank" rel="noopener nofollow">wrote</a> in a May 22 order, granting a partial victory to the Securities and Exchange Commission (SEC), <a href="https://cointelegraph.com/news/sec-lawsuit-claims-jurisdiction-as-eth-nodes-are-clustered-in-the-us">which filed the lawsuit</a> in 2022.
The court found SPRK was an investment contract under the securities-determining <a href="https://cointelegraph.com/news/what-are-the-howey-test-and-its-implications-for-cryptocurrency">Howey test</a> — where investors pooled money into a common enterprise expecting profits due to the efforts of others.
Ezra agreed with the SEC that Balina “purposefully targeted United States investors” and knocked back the influencer’s summary judgment bid, claiming the SEC had no sway as the sales happened overseas.
The SEC did not succeed in its claim that Balina failed to properly disclose a compensation agreement made with Sparkster CEO Sajjad Daya, as the court identified factual inconsistencies.
<figure data-ct-non-breakable="true">
 <img src="https://s3.cointelegraph.com/uploads/2024-05/6f762f35-efab-4c87-b8df-f3e71107be88.png" alt="" title="">
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 Highlighted excerpt of Ezra’s order. Source: CourtListener
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The SEC said in its lawsuit that between May and July 2018, Balina purchased $5 million worth of SPRK, promoted it across multiple social media platforms and made a Telegram group to form an investment pool for the tokens.
It added that he didn’t tell investors that Sparkster had given him a 30% bonus for the tokens he had purchased. Balina said the SEC’s alleged bonus was a standard volume discount in a private presale deal.
Related: <a href="https://cointelegraph.com/news/uniswap-sec-wells-notice-fight-for-defi">Uniswap responds to SEC Wells notice: ‘We are ready to fight’ for DeFi</a>
Sparkster promoted itself as a “low-code” blockchain application development platform and conducted its SPRK token <a href="https://cointelegraph.com/funding-for-beginners/ico-101-a-beginners-guide-to-raising-capital-using-cryptocurrencies">initial coin offering (ICO)</a> between April and July 2018.
In September 2022, it made a deal with the SEC to destroy its remaining SPRK tokens and remove them from trading platforms without admitting or denying the regulator’s claims. The SEC <a href="https://www.sec.gov/files/litigation/admin/2022/33-11102.pdf" target="_blank" rel="noopener nofollow">ordered</a> it to pay a $30 million disgorgement, $4.6 million interest and a $500,000 civil penalty.
Balina did not immediately respond to a request for comment.
Magazine: <a href="https://cointelegraph.com/magazine/blockchain-fundraising-airdrops-presales-ico-alternatives/">7 ICO alternatives for blockchain fundraising: Crypto airdrops, IDOs &amp; more</a>

SEC wins case against YouTuber Ian Balina for unregistered crypto ICO promo

Cointelegraph

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