SEC, FINRA Probe Suspicious Trading Before Crypto-Treasury Announcements

The SEC and FINRA have launched an investigation into suspicious trading activity before publicly traded companies announced plans to acquire crypto.

Regulators believe some investors may have profited from having prior, non-public knowledge of these crypto-treasury announcements, potentially violating fair disclosure rules.

Possible Breach of Fair Disclosure Rules

The investigation focuses on publicly traded digital asset treasury (DAT) firms, which are companies that declare plans to acquire capital and buy cryptocurrencies. More than 200 DATs went public this year, and some of them are currently in contact with regulators.

Regulators identified “suspicious trading patterns”, including high trading volume spikes and sudden price rises in the days or hours before firms announced their crypto-buying plans. The actions suggest that at least some investors might have been profiting by trading on inside information.

SEC officials have already cautioned several companies over potential Regulation Fair Disclosure (Reg FD) breaches, a provision requiring material, nonpublic information to be broadly disclosed rather than selectively. The financial watchdog is concerned that some were tipped about impending crypto buys and profited by selling the companies’ stock ahead of the news release.

Experts agree that these breaches put market value at risk and expose businesses to legal repercussions and reputational consequences.  Even in the larger non-crypto financial market, the agency has never had such reservations about  Reg FD violations. Therefore, this level of scrutiny raises the likelihood that crypto-treasury firms will face tighter restrictions in the near future.

Corporate Crypto Boom Under the Microscope

The investigation occurs against a backdrop of more businesses moving to adopt cryptocurrency. Early movers have already helped digital asset treasuries attract over $20 billion in venture capital this year, with more than $100 billion committed to crypto buying plans.

Public firms now hold over 1 million BTC, valued at $113 billion, and 5.26 million ETH, worth $20.6 billion. Monthly DAT raises peaked at $6.2 billion in July, representing the highest single-month total ever recorded.

Regulators now face the challenge of ensuring this growing trend does not open new avenues for insider trading and selective disclosure.

Advocates argue that investment by corporate treasuries signals confidence in the long-term value of cryptocurrencies. However, there remain concerns over the pace at which companies disclose market information and raise funds, which could encourage selective disclosure, leaks, and manipulative trading.

The SEC and FINRA have said that the crypto treasury boom must operate within existing securities laws and are moving proactively against suspicious patterns. If misconduct is uncovered, enforcement action could follow, setting a precedent for future regulation of corporate digital asset adoption.