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SEC Shuts Down Munchee ICO (techcrunch.com)

The Securities and Exchange Commission has shut down Munchee, a company that built a $15 million token sale. According to TechCrunch, "The Munchee ICO aimed to fund the MUN coin, a payment system for restaurant reviews." However, the company "received a cease and desist from the SEC on December 11" because it constituted the offer and sale of unregistered securities. From the report: Within the SECs findings they noted that Munchee touted itself as a "utility" token which means that the company believed the MUN token would be primarily used within the Munchee ecosystem and not be used to fund operations. However, thanks to an application of the Howey Test (a Supreme Court finding that essentially states that any instrument with the expectation of return is an investment vehicle), the SEC found the Munchee was actually releasing a security masquerading as a utility. "Munchee offered MUN tokens in order to raise capital to build a profitable enterprise," read the SEC notice. "Munchee said that it would use the offering proceeds to run its business, including hiring people to develop its product, promoting the Munchee App, and ensuring 'the smooth operation of the MUN token ecosystem.'" The stickiest part? Munchee claimed that its coins would increase in value thanks to a convoluted process of growth.

In short, Munchee was undone by two things: depending on the token sale as a vehicle to raise cash for operations and using the typically spammy and scammy marketing efforts most ICO floggers use now, tactics taken directly from affiliate marketing handbooks. Fortunately, Munchee was able to return all $15 million to the 40 investors that dumped their coins into scheme.

43 comments

  1. Munchee munchee! by Anonymous Coward · · Score: 0

    I can pictures Trump chasing female staffers around the White House yelling this.

    1. Re: Munchee munchee! by Anonymous Coward · · Score: 0

      Chasing females is the primary biological instinct. If you lack one, then you are either an infantile kiddie, or there is something is wrong with you. See a doctor.

    2. Re: Munchee munchee! by Anonymous Coward · · Score: 0

      Crapping on the ground is also a biological instinct. If you can't control the bulk of your biological instincts you're a defective human.

    3. Re: Munchee munchee! by Anonymous Coward · · Score: 0

      We are talking about a physiological instinct here. Sex is the primary instinct that does not compare with your stupid toilet problems. You want a self-suicidal society with no SEX and no offspring - relocate to Mars.

    4. Re: Munchee munchee! by Anonymous Coward · · Score: 0

      Your inability to stop humping shit is not relatable and pretending rape is human nature is not going to keep you out of jail, bro.

    5. Re: Munchee munchee! by Anonymous Coward · · Score: 0

      > You want a self-suicidal society with no SEX and no offspring - relocate to Mars.

      Europe is closer.

    6. Re: Munchee munchee! by crimson+tsunami · · Score: 1

      Except Europeans have more sex than Americans...

  2. Darn by Chris+Mattern · · Score: 1

    Now I can't get the MUNCHEEs. The FCC is such a buzzkill.

    1. Re:Darn by Anonymous Coward · · Score: 1

      This is SEC, not FCC. With FCC, you get some Pai.

    2. Re: Darn by Anonymous Coward · · Score: 0

      Who is controlling SEC?

  3. "... wow -" by Anonymous Coward · · Score: 0

    ".. that's a lot of Muns!"

    - Tems

  4. Tulip farmers outraged by WillAffleckUW · · Score: 1

    "But if you tell them it's a bubble and worth nothing, we'll go broke!"

    --
    -- Tigger warning: This post may contain tiggers! --
  5. SEC will shutdown bitcoin soon! by Joe_Dragon · · Score: 3, Funny

    SEC will shutdown bitcoin soon!

    1. Re:SEC will shutdown bitcoin soon! by TheRealMindChild · · Score: 1

      How are you going to send a cease and desist to Bitcoin?

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re: SEC will shutdown bitcoin soon! by orlanz · · Score: 1

      You prevent the companies that offer/back the securities on the regulated market. But of course, they wonâ(TM)t do anything about the off the counter trading.

      I thought SEC would restrict Bitcoin but CBOE shows otherwise. As far as I can tell that partially vindicated Bitcoin as a legal US security.

    3. Re:SEC will shutdown bitcoin soon! by Anonymous Coward · · Score: 0

      SEC (well, IRS) consider bitcoin as a commodity (ie. property) whereas ICO's are considered securities and subject to securities laws which are pretty strict.

  6. Who the hell are the investors? by Anonymous Coward · · Score: 0

    So does it strike anyone else as odd that only 40 people invested in this obvious scam and yet they raised $15 million? If there are that many people with that much money lying around that they obviously don't care about, why isn't every investment scam being funded this well?

    1. Re: Who the hell are the investors? by orlanz · · Score: 1

      I too am surprised that the SEC wasted tax funds on 40 investors. Unusual. Wouldnâ(TM)t be surprised if one of them used his connections to right a mistaken investment decision.

  7. Regardng bitcoin bubble by goose-incarnated · · Score: 3, Interesting

    I'm starting to think that bitcoin can't pop (I'm not a bitcoin fan - check my posting history). The reason I say this is because the 4/transactions per second prevent an actual run starting on the commodity we call bitcoin.

    In order to have the bubble pop you need large number of sell-offs. With the miniscule rate of transactions it might not be possible for the bubble to pop spectacularly - it might simple deflate gently instead.

    --
    I'm a minority race. Save your vitriol for white people.
    1. Re:Regardng bitcoin bubble by jwhyche · · Score: 5, Insightful

      I've had thoughts like this too. The inherent flaws in the system might be enough to prevent a Wylie E. Coyote crash and burn. But again even if the bubble does simply deflate the result will still be the same. Millions will still be lost, it will just be drawn out and more painful.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    2. Re:Regardng bitcoin bubble by Anonymous Coward · · Score: 0

      The recent start of trading bitcoin futures, options, CFDs and other derivatives will get around this. When people start trading the right to buy or sell bitcoin at a particular value or at a particular time with indeterminate value, without anyone actually owning any of the bitcoin involved, the transaction speed of bitcoin won't matter anymore.

      Another way of thinking about this is that the derivative market will end up trading many times more bitcoin than actually exists. In the financial world, ownership of something is not necessary, in many cases not even desirable. All that's necessary for a crash is a run on a derivative. See the housing crash of 2008 for reference...

    3. Re:Regardng bitcoin bubble by phantomfive · · Score: 2

      In order to have the bubble pop you need large number of sell-offs.

      The price doesn't drop because people "take their money out." The price drops because no one will buy it at that price.

      So for example, if you buy a tulip bulb at a price of $1million, then suddenly no one will pay more than $10 for a tulip bulb, everyone with that kind of tulip bulb will lose their money. The bubble doesn't shrink, it shatters, and the money was already gone (into the pockets of those who sold before the bubble popped).

      --
      "First they came for the slanderers and i said nothing."
    4. Re:Regardng bitcoin bubble by Hognoxious · · Score: 2

      Not 100% sure of this, but imagine only one tulip bulb can be sold per week. We wouldn't know what price people are unwilling to buy it at, because by the time they did (or didn't) buy it the price would have changed.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    5. Re: Regardng bitcoin bubble by VikingNation · · Score: 1

      Do not underestimate the ability of businessmen to make creative instruments to fleece bitcoin holders of their money. Remember the fraudulent credit default swap and other esoteric financial instruments.

    6. Re:Regardng bitcoin bubble by Anonymous Coward · · Score: 1

      This doesn't matter though. The majority of trading happens at the exchanges. Most people keep there money there to buy and sell quickly so no movement of bitcoin is needed.

    7. Re:Regardng bitcoin bubble by Anonymous Coward · · Score: 0

      Bitcoin does have a very spectacular failure mode. It's a lot more spectacular of a failure than your conventional assets. It's called "Double-Spending". Once mining ceases to be a profitable venture, those in the business will have to decide whether to give up, whether to continue burning money, or whether to come up with a more creative way to profit off of bitcoin.

      Oh, and if they're any decent at covering their tracks, there's not going to be any accountability for it. The best that can be done is to come up with some central authority outside of the blockchain to determine which blockchain to trust. At which point, you might as well go back to fast reversible transactions with government fiat & banks, and cut the energy bills and get rid of a lot of the silly vulnerabilities...

    8. Re:Regardng bitcoin bubble by Anonymous Coward · · Score: 0

      Cue 80s slo-mo montage of everyone frantically trying to sell at the same time, except it drags out for 3 years. Now imagine 1920s scene, except the guys who have their life savings tied up in Bitcoin go stand on rooftops ready to commit suicide every day for months until they finally find out if they got out above water.

    9. Re:Regardng bitcoin bubble by phantomfive · · Score: 1

      The example seems kind of fuzzy. You'll have to explain a little more, then I can help you understand.

      --
      "First they came for the slanderers and i said nothing."
    10. Re:Regardng bitcoin bubble by TFAFalcon · · Score: 1

      You might not be able to do actual bitcoin transactions quicky, but you can trade inside the exchanges (until they collapse).

    11. Re:Regardng bitcoin bubble by Hognoxious · · Score: 1

      To discover the price you need active buying and selling, which you can't do if the transactions are slow.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    12. Re:Regardng bitcoin bubble by phantomfive · · Score: 1

      It just adds an uncertainty. Just like buying and selling a house, which may happen only once every few decades.

      --
      "First they came for the slanderers and i said nothing."
  8. Re:Forget bitcoins... by TheRealMindChild · · Score: 1

    This fuckhead and his affiliate link again

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  9. MUH coin by Anonymous Coward · · Score: 0



    M out M `BRO . PYXIS in PYXIS . WHIPPER `DRYISH in PYXIS .
    YD in M . M . M out M `M out M `M we bes M out M `M out M `
    M M . M . M . M we bes M we bes M we bes M out M `M we bes
    M `M `M . M . M `SCOT `M `SCOT `PYXIS in DRYISH in PYXIS .
    M . M M . M . M out M `M out M `M we bes M . M we bes . M `
    M in YD . M . M out M `M out M `M we bes M in M . M out M `
    M out M `BRO . PYXIS in PYXIS . WHIPPER `M out M . PYXIS .

  10. Re:ICOs for everything by Anonymous Coward · · Score: 0

    And a "Goat C" shirt.

  11. Should have started a OTC company by future+assassin · · Score: 1

    and use forward looking statements to sell billions of shares and SEC would do fuck all even if all the shareholders lost their lifes savings.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  12. Re:Forget bitcoins... by Trax3001BBS · · Score: 1

    This fuckhead and his affiliate link again

    Deceptively cheap at $200 then one must purchase 15 PCIe 1 adapters for the 15 GPU cards your going to need.
    The bundle includes a Celeron Desktop Processor which isn't up to the task. At best entry level for the likes of a facebook user.

  13. Re:Forget bitcoins... by BeerCat · · Score: 1

    From what I've read, GPUs are for wimps, and real cryptocurrency miners use ASICs

    https://shop.bitmain.com/antmi...

    (Of course, that could just be hype, though the look at a real Crypto Farm suggests that whole buildings of ASICs are used, rather than a few GPUs)

    --
    "She's furniture with a pulse"
  14. Re:Forget bitcoins... by Hognoxious · · Score: 1

    Real cryptocurrency miners aren't fussy - as long as it belongs to someone else.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  15. I Know College Football Is Big, But This Is Nuts by Anonymous Coward · · Score: 0

    Why is it the Southeastern Conference's business what goes on in the investing world?

  16. USA bans bitcoin just like China by Anonymous Coward · · Score: 0

    Says some clueless fool. It's not true for either.

  17. Re: Forget bitcoins... by Anonymous Coward · · Score: 0

    Depends... ASICs are the shit for bitcoin but are worthless for litecoin (which really are only profitable on GPUs). Bitcoin gets the press but altcoins have been getting higher returns, and the big investors are acting accordingly