A federal court in Australia has favoured Block Earner, a cryptocurrency company, by relieving it from the liability of paying a penalty for offering interest-bearing crypto products without an appropriate licence.
A Regulatory Disappointment?
The judgement today (Tuesday) followed actions by the Australian Securities and Investments Commission (ASIC) against Web3 Ventures Pty Ltd, which operates as Block Earner. The regulator said it is “reviewing the decision.”
Block Earner offered several cryptocurrency-based fixed-yield earning products, including USD Earner, Gold Earner, and Crypto Earner, collectively known as Earner Products. The company operated as an AUSTRAC-registered digital currency exchange but did not hold an Australian Financial Services (AFS) licence.
According to ASIC , these ‘Earner Products’ are financial products that fall under managed investment schemes and require proper licensing. It is now seeking declarations, injunctions, and pecuniary penalties.
Block Earner had already ceased offering the Earner products on November 16, 2022, which was less than a month after receiving ASIC’s initial letter labelling the products as a “managed investment scheme and an investment facility.” However, the company maintained that it discontinued the product due to commercial reasons.
Court’s Mixed Decisions
Interestingly, the Aussie court also agreed earlier this year that Block Earner needed…