Crypto fund has sued law firm Faegre Baker for ‘erroneous’ legal advice

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Cryptocurrency fund manager Digital Capital Management has sued law firm Faegre Baker Daniels for providing “erroneous” legal services.

In a lawsuit filed on Tuesday, as reported by Bloomberg Law, Digital Capital Management has said that Faegre Baker provided “inaccurate analysis and advice” to its predecessor, Crypto Asset Management, regarding how to register under the Investment Advisers Act.

In Sept. 2018, Crypto Asset Management was charged by the U.S. Securities and Exchange Commission (SEC) for violating registration requirements. The SEC said at the time that Crypto Asset Management and its principal, Timothy Enneking, raised over $3.6 million in late 2017 and claimed that the firm was “the first regulated crypto asset fund” in the U.S.

Enneking and the firm at the time neither admitted nor denied the SEC's findings and had agreed to a cease-and-desist order and a penalty of $200,000.

The lawsuit now alleges that Faegre Baker advised Crypto Asset Management and Enneking that “Crypto Assets are not securities” and to thus structure the fund’s business “accordingly.” The advice was “erroneous,” the lawsuit states.

The plaintiffs seek compensatory damages, including for fees and costs incurred, reputational harm, lost profits and other consequential damages, per the lawsuit.

AUTHOR

Yogita Khatri is a senior reporter at The Block and the author of The Funding newsletter. As our longest-serving editorial member, Yogita has been instrumental in breaking numerous stories, exclusives and scoops. With over 3,000 articles to her name, Yogita is The Block's most-published and most-read author of all time. Before joining The Block, Yogita wrote for CoinDesk and The Economic Times. You can reach her at [email protected] or follow her latest updates on X at @Yogita_Khatri5.

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