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A comment on The Colony token sale would have been committing securities fraud. Parent comment

Re:The Colony token sale would have been committing securiti... by uiri on Friday September 29, 2017 @09:11PM (#15370572)
If they make claims in their ICO-related documents that the coin is not a security when it is in fact a security, then they are committing securities fraud. You're right that if they straight up said "this is an unregistered securities offering", it would not be fraudulent.
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Re:The Colony token sale would have been committing securiti... by kenbaylor on Saturday September 30, 2017 @10:00AM (#15372877)
That would be correct if the law was settled in this area. It is not. Generally you also need to prove intent for fraud, and if the law is not settled, it will be hard to prove fraudulent intent.
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Re:The Colony token sale would have been committing securiti... by collinvine on Saturday September 30, 2017 @12:49PM (#15373712)
One argument here is that the law is settled. If it's securities law that applies, as the SEC has started, then it's been settled for over 80 years.
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