New York Attorney General

As we first reported in April, the New York Attorney General has been locked in a complicated dispute with a virtual currency exchange operator over the authority of the Attorney General to investigate its activities.  In its defense in court proceedings, the crypto exchange asserted that the Attorney General lacked both personal jurisdiction and subject matter jurisdiction over it because of its efforts to avoid doing business in New York state. In a ruling ultimately siding with the Attorney General, a New York trial court on August 19 permitted the regulatory investigation to continue. The judge’s opinion underscores the difficulty faced by crypto entrepreneurs seeking to avoid contacts with U.S. customers in order to avoid the jurisdiction of U.S. courts and regulators.
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On April 25, 2019, the New York Attorney General announced that it had obtained a court order enjoining iFinex Inc. (operator of the Bitfinex digital asset trading platform), Tether Limited (issuer of the “tether” stablecoin) and their affiliated entities from further violations of New York law in connection with ongoing activities that the Attorney General alleges may have defrauded New York investors that trade in virtual currencies.
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