State Regulators Find Fraud on the Rise in Digital Assets, Social Media

News October 24, 2024 at 12:59 PM
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State securities regulators are seeing a sharp rise in investigations related to technology and digital assets, as well as a significant increase in public tips and investor complaints, according to the North American Securities Administrators Association's just-released 2024 Enforcement Report.

According to the 2024 report, which is based on 2023 data, investigations and enforcement actions taken by state securities regulators "are heavily focused on technology and digital assets."

Of the new investigations opened in 2023, 343 cases involved digital assets other than staking and non-fungible tokens (NFTs), 144 involved staking, and 205 cases involved social media fraud.

The number of these cases reported in 2023 increased significantly from 2022, when state securities regulators opened 172 investigations involving social media and internet fraud. There were 127 cases opened in 2021.

In 2023, state securities regulators reported data showing the receipt of 7,914 tips and complaints, up from 6,932 in 2022.

NASAA reported that state securities regulators conducted 8,768 active investigations, including 5,155 new and 3,613 ongoing cases, and initiated 1,186 enforcement actions.

"These actions led to more than $333 million in monetary fines and restitution, and criminal relief of approximately 461 years of incarceration and 227 years of probation and deferred adjudication," the report states.

Also, the report reveals state securities regulators' efforts to protect older investors.

In 2023, state securities regulators opened 1,305 investigations and filed 131 enforcement actions involving 2,869 older investors. In 2023, the top issues in investigations involving senior victims were internet and social media scams, and digital assets other than non-fungible tokens (NFTs) or staking.

The data for the report is collected via a survey of NASAA members and includes responses from 49 of NASAA's U.S. member jurisdictions.

State securities regulators also received 1,467 referrals from other agencies — with the Securities and Exchange Commission or the Financial Industry Regulatory Authority referring 608 cases. "Fraudsters often exploit the buzz that comes with innovation and technology to take advantage of investors," said Leslie Van Buskirk, NASAA President and Administrator, Division of Securities, Wisconsin Department of Financial Institutions, in a statement.

"Combine that with the many ways in which technology and social media link us together and bad actors find significant opportunities to try and rip off investors," Van Buskirk added.

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