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Re:Two Executives in Sam Bankman-Fried’s Crypto Empire Plead... by bm3719 on Thursday December 22, 2022 @07:09AM (#34092541)
This has been the SEC's stance since at least 2020 when they went after Ripple (XRP) for selling "unregistered securities" in their ICO.

It's the SEC's position that you can issue tokens, but they have to be "registered," specifically with them.

https://www.sec.gov/ICO

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