Digital Asset Transactions: When Howey Met Gary(Plastics)

Apr 19, 2026

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A draft SEC-related speech examines whether digital assets or tokens initially offered as securities can later be sold in ways that do not constitute an offering of a security. It applies the Supreme Court’s Howey “investment contract” framework to token issuance and distribution, contrasting situations where tokens represent rights in a central enterprise with qualified cases where tokens are used to purchase goods or services on a decentralized network.

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Digital Asset Transactions: When Howey Met Gary(Plastics)

Apr 19, 2026

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