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Dharmi is an excellent securities lawyer who understands the law as it pertains to these cases. She is extremely proactive and represents her clients well. I highly recommend Jacko and Dharmi.
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Danielle Martin
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I’ve had the privilege of working closely with this firm in my role as Chief Compliance Officer and I can confidently say they are an exceptional compliance partner. Their depth of experience is immediately evidentand they bring a level of practical knowledge. What I truly enjoy is their ability to translate complex regulatory requirements into plain English, often using real, everyday examples that make implementation far more manageable. They are also incredibly responsive and reliable. In a field where timing matters, their prompt communication and thoughtful guidance have been invaluable. If you’re looking for a compliance attorney who combines expertise, clarity, and professionalism, I highly recommend them.
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Curt Rocca
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Michelle and the team at Jacko Law Group have helped guide through a variety of critical circumstances as we ventured through the uncharted and unfamiliar territory of becoming and successfully operating as an RIA. I have particularly appreciated Michelle's personal involvement and genuine caring about us and our organization. She has been responsive and her counsel has been consistently on-point and helpful. She artfully guided us through our initial filing process and first SEC exam process - which went very well. Very grateful to Michelle and her team.
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Nicholas Di Paolo
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Michelle and her team were excellent to work with, front to back. They helped me to understand the challenges ahead and were always proactive in their consultation through every step of my transition. JLG truly know the wealth management industry very well and did a great job of understanding the challenges unique to my business. Without them, I can confidently say I would not have felt as comfortable through the transition as I did. Fortunately, that's not something that stops there - Michelle and her team have kept in touch to ensure that I'm on top of certain administrative issues, trends, and simply showing me that they care about my business and success. I look forward to continuing to work with them for many years to come.
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Margery Neis
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Dharmi Mehta was extremely helpful when my business partner and I transitioned to a new RIA firm. She and her staff were all very professional. Her guidance during our transition was invaluable. I highly recommend Dharmi and Jacko Law Group.
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Joseph Burwell
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Dharmi and Amandeep were a delight to work with. They assisted me with a claim and stuck with me the entire way through. Dharmi's advice was invaluable, and I was most impressed by her clear and professional communication. From beginning-to-end, both Dharmi and Amandeep kept me well informed. Their entire team are proud of their work and rightfully so. Thank you!
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Faruk Jaffer
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My mentor once told me that a good attorney is worth their weight in gold — and that couldn't be more true of Michelle and Amanda. Their expertise, professionalism, and responsiveness were top notch every step of the way. It's rare to find legal partners who are not only sharp and thorough, but also genuinely invested in your success. I’m grateful for their guidance and highly recommend them to anyone seeking trusted legal counsel.
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everistus etafo
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It is my great Privilege to share my Review of what Atty Dharmi Mehta of Jacko Law Group did for me and by extension for my family. From the first time complimentary conversation we had having spoken to several other Lawyers ,l knew she was the right person for the Job .Because of her background as a former RR ,she was professional,kind, Empathetic,listened and was focused on fighting for me. From a potential of been terminated with cause ,l was able to walk away with a clean U5 with a validation that l did nothing wrong except what was in the best Interest of my clients. I hope nobody ever has to go through what l have Experienced, but if you do ,you want Dharmi Mehta beside you .Rest assured your service Deserve 10 stars but this forum only allows 5. Me and my family are forever grateful and will make sure that any RR who needs an advocate will know about you . Everistus Etafo
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Karen Althaus
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I have worked with Jacko Law Group for 2 different business situations that necessitated an attorney. In both cases, the team was very thorough & competent. Their attention to our situation and the extra effort they put into our case(s) was very much appreciated. I would highly recommend Jacko Law Group!
Digital and virtual currencies continue to be a growing trend in the financial industry. Investors are demonstrating increased interest and trading activity, and, more and more financial advisers are considering inclusion of cryptocurrencies in investment portfolios.
Existing as digital representations of currency that can be exchanged for goods and services, their lack of clearly defined status as securities or commodities (or something else) has placed them in unclear waters without a regulatory body holding oversight authority. The regulators have arrived a bit late to the digital currency and are making efforts to determine how to regulate these virtual, non-traditional products.
This increased interest and demand, accompanied by uncertainty concerning the regulatory status of the cryptocurrencies, has created an opportunity for dishonest individuals to take advantage of this new and still poorly regulated market.
Are Cryptocurrencies Considered to be Securities?
The Securities and Exchange Commission (SEC) has maintained that many virtual currencies actually meet the definition of securities or commodities and that they should be subject to the registration and other requirements of federal securities regulations in order to be offered for sale.
Both the SEC and Commodity Futures Trading Commission (CFTC) have sought to determine which virtual currencies meet the standards of a "security" or "commodity" in order to better regulate the market and prevent fraudulent trading activities.
Court Rules Digital Currency is Commodity, CFTC Has Regulatory Power to Prosecute
In a September 26, 2018, ruling, the U.S. District Court of Massachusetts ruled that the CFTC has the power to regulate and prosecute fraudulent activities involving virtual currencies that meet the definition of securities, including the defendants of the My Big Coin case.
In this case, the CFTC has alleged that My Big Coin solicited retail customers using repeated false claims related to the digital currency's:
Value
Usage
Trade status
Financial backing
In the case, the court denied the motion to dismiss filed by the defendants, which claimed that the CFTC's anti-fraud authority extended only to fraudulent market manipulation. The court ruled that My Big Coin was a commodity based, in part, on the "broad language in the statute" "explicitly prohibit[s] fraud even in the absence of market manipulation."
The CFTC is seeking civil monetary penalties, restitution, rescission, disgorgement of ill-gotten gains, trading and registration bans, and permanent injunctions against further violations of the federal commodities laws, as charged.
Further details are available in the CFTC's October 3, 2018, press release.
Cryptocurrency Trading - What the Ruling Means
This ruling clearly states that the My Big Coin product is a commodity, and that the CFTC has authority to prosecute this, and thereby other, fraud in virtual currencies as it can with other commodities.
"This ruling, like the one in McDonnell from Judge Weinstein in the Eastern District of New York, recognizes the broad definition of commodity under the Commodities Exchange Act, and also that the CFTC has the power to prosecute fraud with respect to commodities, including virtual currencies. We will continue to police these markets in close coordination with our sister agencies," said James McDonald, CFTC Director of Enforcement.
Suffice it to say that virtual currencies and the (sometimes questionable) trading activity their popularity and potential profitability have generated are attracting the attention of regulatory bodies.
Greater Attention to Due Diligence Necessary
Prior to recommending that clients invest in cryptocurrencies, due diligence must be performed to assess the status of the virtual currency as a security or commodity and the regulations that would apply (in addition to the standard due diligence about the quality of the investment, of course).
Failure to perform such due diligence could result in significant financial loss, regulatory scrutiny, an enforcement action against the adviser, or all of the above, as the regulatory bodies continue their attempts to better define how virtual currencies fit into the regulatory landscape.
For more information on the trading of virtual currencies, or any other related legal questions, contact Jacko Law Group, PC. Let our experience work for you.
Jacko Law Group provides tailored legal services and effective strategies for success, delivering exemplary solutions to complex legal and regulatory challenges to ensure that both business efforts and compliance obligations are satisfied.
