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Cease and Desist Order Against Genesis Mining Now Withdrawn

Cease and desist order against genesis mining now withdrawn

Cease and Desist Order Against Genesis Mining Now Withdrawn

Cease and desist order against genesis mining now withdrawn

After five long months of working with South Carolina officials, Genesis Mining has been dropped from the cease and desist order it received back in March 2018 from the South Carolina Securities Division. The company will relaunch to U.S.-based customers shortly. This marks one of the first times a blockchain company has fought back against regulators and been successful.

Shah Hafizi, chief compliance officerCOO and general counsel at Genesis Mining, released the following statement:

“We are happy to announce that the South Carolina securities division has dismissed Genesis Mining from its March 9, 2018, cease and desist. One of our company[‘s] principles is transparency. After all, it is a core value of blockchain technologies. Over the past five months, we’ve worked closely with South Carolina officials to educate them and provide a practitioner’s perspective on mining, blockchain networks and the decentralized nature of the technologies we support.”

He continued on to say, “By working together with regulators, we can ensure that investors are protected, and innovation is not stifled. We believe for the industry to reach its true potential, companies and regulators need to collaborate. We strongly encourage blockchain companies, regardless of where they are in the world, to proactively engage with local regulators at all levels.”

Hafizi joined the Genesis Mining staff back in April 2018. He previously served as the chief compliance officer at BlackRock, Inc., a global investment management firm, where he oversaw both digital and technology ventures. Amongst his duties with Genesis Mining is leading the company’s global regulatory and government affairs. He also works to shape the business’s compliance framework and support its initiatives in the Americas.

When Genesis Mining was first issued the cease and desist, mining contracts sold to residents were considered securities. According to the state’s Securities Commission office, Swiss Gold Global — which was also named in the cease and desist — was alleged to be working as a broker-dealer for Genesis Mining. Representatives stated that the company wasn’t registered in South Carolina and was therefore unauthorized to offer or sell securities to residents.

Buyers were able to purchase specific amounts of computing power over certain periods that were then hosted on third-party platforms. This constituted investment contracts or securities per the Commission office. Authorities then barred both Genesis Mining and Swiss Gold Global from doing business within the state, and both companies were barred from offering securities in South Carolina in the future.

Tracy Meyers, the deputy securities commissioner, announced the end of the cease and desist on July 26, 2018:

“The Securities Division of the Office of the Attorney General of the State of South Carolina, after receiving information regarding matters detailed in the Administrative Order to Cease and Desist issued … upon due consideration of such information, finds good cause has been shown to vacate the [order].”

Founded in 2013, Genesis Mining is one of the largest companies providing cloud mining services to blockchain companies. Based in Iceland, it is allegedly among the nation’s largest consumers of electricity.

At press time, the cease and desist order against Swiss Gold Global remains active.

Published at Fri, 27 Jul 2018 23:37:41 +0000

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Florida Bill Aims To Add Virtual Currency To AML Statutes

An act designed to add virtual currencies to Florida’s anti-money laundering statutes has unanimously passed three state committees.


Bill Targets ‘Ill-Gotten Gains’ From ‘Internet-Based Currencies’

The bill, sponsored by republican Jose Felix Diaz, “makes sure that traffickers and fraudsters can no longer try to use internet-based currencies to hide and move their ill-gotten gains,” State Attorney Katherine Fernandez Rundle said in a statement quoted by local news resource Miami Herald.

Rundle added:

The high-tech criminals of the 21st Century use virtual currencies like bitcoin to accumulate and hide the profits of their illegal activities.

Bitcoin related crime

As the Herald notes, the legislation comes hot on the heels of the failed prosecution of Florida resident Michell Espinoza, who allegedly tried to sell $1,500 of bitcoins which were used to purchase stolen credit card information.

Despite his arrest after undercover law officers posed as traders on Localbitcoins, telling Espinoza they intended to use the funds for illicit purposes, a judge ultimately threw out his case as bitcoin is not considered money under current Florida law.

“This court is unwilling to punish a man for selling his property to another when his actions fall under a statute that is so vaguely written that even legal professionals have difficulty finding a singular meaning,” the ruling determined in July last year.

No Official Identity For bitcoin In Florida

Fellow Republican Dorothy Hukill meanwhile announced in September that she was seeking official recognition of bitcoin as a currency in the state, but no progress has yet been made.

The latest motion has ruffled feathers among local cryptocurrency advocates. Barry University economist Charles Evans explained to the Herald how it could send the wrong message.

Barry University economist Charles Evans

Florida legislators will be sending a very clear signal that financial innovation is not welcome here… No doubt, officials in China, Europe, Russia, Texas, and other places where bitcoin is welcome will be pleased.

Others were less concerned, local lawyer Andrew Hinkes claiming authorities would still need to prove intent to use bitcoin for illegal activities to entail a prosecution.

I don’t think it would affect the day-to-day users of bitcoin, or investors who hold bitcoin… but it might affect the business of those who exchange bitcoin for dollars. Now, assuming the facts support the intent required by law, the path to prosecution of traders for money laundering is clearer in Florida.

The bill is now awaiting its audition before a further state committee.

Virtual currency has faced a continued patchwork legal status across US states, with jurisdictions taking markedly different approaches to regulating it.

What do you think about Florida’s latest bill and bitcoin’s status in the state? Let us know in the comments below!


Images courtesy of Shutterstock, Barry University

The post Florida Bill Aims To Add Virtual Currency To AML Statutes appeared first on Bitcoinist.com.

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