Re:The SEC has charged two initial coin offerings with defra...
by everdev on Saturday September 30, 2017 @10:50AM
(#15373078)
From my conversation, I understood "an expectation of profits" to mean from a reasonable investor. In fact no one even has to complain if the SEC thinks someone could have expected profits then it satisfies that bullet in the test.
Imagine that I bought $10k worth of Chuck E. Cheese tokens and I could convince the SEC that I sincerely expected the value of those tokens to go up substantially. I doubt that would be enough to meet the Howey requirements, even if my expectation was sincere.