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Jason Weinstein conducts internal investigations and represents companies and individuals in high-profile criminal matters. With 15 years of experience in senior positions at the US Department of Justice (DOJ), he helps corporations and boards successfully navigate challenging government enforcement matters and defends individuals in criminal investigations and prosecutions. He is recognized across the United States as an authority on legal and regulatory issues involving digital currencies and blockchain technology. Jason serves as co-chair of Steptoe's White-Collar and Securities Enforcement and the Blockchain and Cryptocurrency practices. Read Jason's full bio.

The Global Blockchain Business Council (GBBC) recently published its 2019 Annual Report, “Beyond the Hype: Building Blockchains for Real World.” The report provides a comprehensive update on the global regulatory landscape surrounding blockchain technology along with an overview of some of the blockchain solutions being built by GBBC members.

Steptoe authored an overall insights piece,

The Securities and Exchange Commission’s (SEC or Commission) November 16 announcement charging two cryptocurrency companies—CarrierEQ Inc. (d/b/a Airfox) and Paragon Coin Inc. (Paragon)—with conducting an initial coin offering (ICO) in violation of the securities registration rules should not come as a surprise to those in the industry. The SEC has repeatedly emphasized that issuers of securities—even those based on a blockchain or distributed ledger technology—must register such securities or comply with an applicable exemption from registration under the Securities Act of 1933 (the Securities Act). The Airfox and Paragon orders explain when the SEC will determine that a token offering constitutes a security, and the remedial measures that the SEC may require for token offerings that do not comply with the Securities Act. Following the announcement, the Commission’s divisions also put out a public statement outlining their views on digital asset securities issuance and trading. We view these actions as signals that the Commission is likely to ramp up its efforts to enforce the securities laws in the weeks and months to come.
Continue Reading A Thanksgiving Feast: SEC Sets the Table for More Crypto Enforcement Servings to Come

In a recent Client Alert, Alan Cohn, Jason Weinstein, and Meegan Brooks discuss the impact of blockchain technology in the retail industry, which will likely see more disruption in the next few years than it has seen in decades. What role will blockchain technology play in that disruption?

Instead of completely disrupting the retail

This summer, US and international regulators have brought enforcement actions, issued guidance and explanatory documents, and sharpened previously-taken positions regarding regulation of cryptocurrency and crypto-tokens under the anti-money laundering, derivatives, securities, and tax laws. These actions provide a better sense of the way in which US regulators will approach the blockchain and digital asset space

On July 26, 2017, the Financial Crimes Enforcement Network (FinCEN) of the US Department of the Treasury assessed a civil monetary penalty of $110,003,314 against Canton Business Corporation (BTC-e), one of the largest virtual currency exchanges by volume in the world, and a $12,000,000 penalty against Alexander Vinnik, a Russian national who allegedly controlled, directed, and supervised BTC-e’s operations, finances, and accounts. On the same day, a 21-count criminal indictment against BTC-e and Mr. Vinnick was unsealed, and Mr. Vinnick was arrested in Greece.

This is the second supervisory action that FinCEN has taken against a virtual currency exchanger, and the first against a foreign entity operating as a money services business (MSB) with activities in the United States. FinCEN’s action also imposes the second highest civil monetary penalty assessed against an MSB to date. FinCEN has increasingly brought enforcement actions against MSBs and other non-traditional financial institutions, and similar actions seem likely in the future.Continue Reading Significant FinCEN Action Against BTC-e, Implications for Virtual Currency Exchangers

In the last installment of our five-part blockchain series, we focus on the insurance industry.  Insurance and reinsurance companies are actively exploring and developing applications for blockchain technology.  And for good reason – distributed ledger technology has the potential to revolutionize the way insurance companies operate and engage with their policyholders and to open a window into new products and new markets.

At the retail level, the blockchain promises to benefit both the consumer and insurer by simplifying the claims process, increasing efficiency of underwriting and claims handling, improving risk management, and reducing operational costs.  The blockchain will help ensure the security of private or confidential information, improve auditability and transparency, and increase effectiveness in fraud detection.  These enhancements will also help lead to an improved customer experience.Continue Reading Insurance with Assurance

Imagine a world where you could easily register and claim ownership over your original creative works – from music to photos to blogs. Gone would be the days of seeing your work duplicated all over the internet without proper credit and having no way to prove ownership. With the use of blockchain technology, that world is not so far away. Distributed ledger technology promises to transform the way intellectual property rights are established and enforced – and the way IP creators are compensated.

Before joining Steptoe, I oversaw the Justice Department’s IP criminal enforcement program.  In that role, I worked closely with others in law enforcement and with the content industry – from film and television to publishing to music – in an effort to try to stop piracy and to ensure that artists and creators of all types of IP were protected.  At that time, the world was just beginning to hear about Bitcoin but had yet to discover the many other applications for blockchain technology that go far beyond digital currencies.

Today, however, as “blockchain” is on its way to becoming a household word, we’re poised for a revolution in the protection of all types of IP.  That’s because the blockchain can be used to control and track the distribution of protected IP.  By putting IP on the blockchain, creators would have an immutable, secure, time-stamped record of the creation and distribution of their works.  In addition, it can be used to establish and enforce licenses for IP through smart contracts and even to transmit payments in real-time to IP owners.Continue Reading Can the Blockchain Block IP Theft?

This week, we will have a five-part series highlighting the legal issues presented by blockchain applications in a number of different industries. Today, we’re looking into the legal considerations of implementing the blockchain in the pharmaceutical industry.  Among other benefits, distributed ledger technology can help reduce sales of counterfeit drugs and improve supply chain management, increase the security of digital patient records, improve processing of health insurance claims, and enhance the reliability and accuracy of clinical trials.

One of the biggest problems in the pharmaceutical industry is the proliferation of counterfeit drugs, which are increasingly difficult to detect and regulate.  Sales of counterfeit pharmaceuticals are a billion-dollar business, and pharmaceutical companies invest enormous resources in sophisticated efforts to prevent and investigate counterfeiting of their products all over the globe.  But the impact of this problem goes far beyond dollars and cents – because it places consumers’ lives directly at risk.Continue Reading This is Your Blockchain on Drugs…