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Steven Lofchie is the Chief Legal Architect and a co-founder of Caffrey.AI, an AI platform built for law firms, banks, and the financial regulatory industry. He is also a partner at Norton Rose Fulbright, where he advises financial institutions on securities laws, the Commodity Exchange Act, and broker-dealer regulation. Ranked by Chambers USA every year since 2007, he is the author of “Lofchie’s Guide to Broker-Dealer Regulation,” long considered the leading treatise on the subject.

Recent Articles & Comments

Perhaps it is coincidence, but the Salt Lake Regional Office housed two lawyers that were recently  by the US District Court for the District of Utah for misconduct in an enforcement action against a crypto firm. The attrition, to which the SEC press release refers, may be an oblique reference to the departure of the lawyers involved in that case.  

The updated memorandum includes new analysis on the application of the registration requirement to multi strategy firms, and recommendations on compliance strategy. It also includes a discussion of the two legal challenges that have been filed since the adoption of the final rule, as well as recent statements by SEC Chair Gensler in defense of the new rules.

The digital asset market continues to develop despite every weapon that the US federal regulators throw at it. Further, Commissioner Peirce continues to offer constructive approaches to promote and facilitate that market, despite the SEC's utter failure to develop any credible roadmap for how digitized securities and cryptocurrencies should be regulated. The SEC ignored Commissioner Peirce's original proposal to develop a regulatory scheme that might work for cryptocurrencies. Having…

It is kind of like The Minority Report by Philip Dick (also made into a Tom Cruise movie), but now implemented by FINRA. The premise is that, with enough data and technology, crimes can be foretold and prevented before they happen. 

(According to Google, the difference between the book and the movie is that (i) in the book, the protagonist is a 50-year-old balding, out-of-shape police officer and (ii) in the movie, the protagonist is in his late 30s, handsome, and athletic, with…