The recent actions taken by the US Securities and Exchange Commission (SEC) against crypto lending firm Abra have sent shockwaves through the industry. Settled charges were filed against Abra for its failure to register its crypto asset lending product, Abra Earn, as well as against Plutus Lending LLC, the owner of Abra, for operating as an unregistered investment company. Stacy Bogert, Associate Director of the SEC’s Division of Enforcement, did not mince words when she stated that Abra had sold nearly half a billion dollars of securities to US investors without adhering to registration laws.
Abra introduced its Abra Earn program in the US around July 2020, allowing investors to lend crypto assets in exchange for variable interest rates. The program quickly amassed approximately $600 million in assets, with a significant portion of it, close to $500 million, sourced from US investors. The SEC alleges that Abra marketed the product as a means for investors to earn interest effortlessly, using their assets to generate income and fund interest payments. However, the complaint asserts that Abra Earn was not registered as a security and failed to qualify for an SEC registration exemption. Furthermore, the SEC claims that for two years, Abra operated as an unregistered investment company, holding a substantial portion of its assets in investment securities, including crypto asset loans to institutional borrowers.
On June 15, 2023, the Texas State Securities Board issued an emergency cease and desist order against Abra, alleging fraud. The regulator accused Abra of misleading investors by portraying itself as a “crypto bank” without the necessary Texas bank charter and Federal Deposit Insurance Corporation deposit insurance. The investigation conducted by the Texas regulator also found Abra and its CEO to be financially unstable, bordering on insolvency. Additionally, Abra settled with 25 US states to repay $82 million to customers whose withdrawals had been frozen, avoiding substantial monetary penalties in the process. As part of the settlement, Abra agreed to cease accepting crypto allocations from US customers and refund their balances.
The downfall of Abra serves as a cautionary tale about the importance of regulatory compliance in the crypto industry. The SEC’s actions, along with those of the Texas State Securities Board, highlight the severe consequences that companies can face for disregarding registration laws and misleading investors. Abra’s rapid rise and subsequent fall underscore the need for transparency, accountability, and adherence to regulatory guidelines in the ever-evolving world of cryptocurrency.
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