Crypto Assets

You should know that those who are offering crypto asset investments or services may not be in compliance with applicable law, including federal securities laws. These investments also can be speculative, risky, and volatile. If you are considering an investment opportunity involving crypto assets, you may be wondering if it is legal, if it is right for you, or even whether it might be a scam. We urge you to be cautious in considering whether crypto asset investments are appropriate for you.

Generally speaking, there are currently two ways in which exchange-traded products (ETPs) provide exposure to the price of bitcoin and ether: 
  • Bitcoin and Ether Futures ETPs provide exposure to the price of bitcoin and/or ether by holding futures contracts based on the crypto asset(s). These futures ETPs primarily are structured as exchange-traded funds (ETFs).
  • Spot Bitcoin and Ether ETPs provide exposure to the price of bitcoin or ether by holding the crypto asset itself. Spot bitcoin and ether ETPs are structured as exchange-traded commodity trusts. They are not ETFs that are registered under the Investment Company Act of 1940.
For more information about ETFs and mutual funds that provide exposure to bitcoin by holding bitcoin futures contracts, please read Funds Trading in Bitcoin Futures – Investor Bulletin. For more information about ETPs that provide exposure to spot crypto assets by holding the assets themselves, please read the Exchange-Traded Products (ETPs) Providing Exposure to Bitcoin and Ether – Investor Bulletin.

Here are some resources to help you better understand these complex topics:

Crypto Landing 1

Exercise Caution with Crypto Asset Securities: Investor Alert

Protect yourself and exercise caution with crypto asset securities. Read this Investor Alert to learn more.

Crypto Landing 2

Celebrity Endorsements
 

Be cautious with celebrity endorsements of investment products.  Watch this video to learn more.

Crypto Landing 3

SEC Crypto Assets and Cyber Enforcement Actions

Learn about actions involving crypto assets that the SEC’s Division of Enforcement has brought.

 

Understand Your Investments

Many relationship investment scams involve crypto assets.

In relationship investment scams, fraudsters — including criminals and other bad actors — often hide their true identities, reach out to unsuspecting targets (often online or through text messages), gain their trust over time, and then defraud them through fake investments. 

Relationship investment scams are sometimes referred to by various terms including romance scams, “cryptocurrency” investment scams, financial grooming scams, and even the distasteful term “pig butchering scams.”  Learn more about these types of scams and how to avoid them in this joint Investor Alert issued by the SEC’s Office of Investor Education and Advocacy, the CFTC’s Office of Customer Education and Outreach, FINRA, and NASAA.

Learn More

Additional Information

Contact Us

                  U.S. Securities and Exchange Commission
                  Office of Investor Education and Advocacy
                  100 F Street, NE
                  Washington, DC 20549-0213

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