SEC fines Kim Kardashian $1.26 million for endorsing crypto token on Instagram

SEC fines Kim Kardashian $1.26 million for endorsing crypto token on Instagram
The securities watchdog said she broke US rules by not disclosing she was paid for the promotion.
OCT 03, 2022
By  Bloomberg

Kim Kardashian will pay $1.26 million to settle Securities and Exchange Commission allegations that she broke U.S. rules by touting a crypto token without disclosing she was paid for the promotion.

The SEC said Monday Kardashian was paid $250,000 to post on her Instagram account about EMAX tokens, a crypto asset offered by EthereumMax. Kardashian didn’t admit or deny the regulator’s allegations as part of the settlement, in which she agreed not to tout any digital assets for three years.

The SEC has previously warned that celebrities touting cryptocurrencies it deems securities need to make clear to investors if they’re paid for the backing. In 2018, the regulator fined boxer Floyd Mayweather and music producer DJ Khaled for failing to disclose payments they received for hyping initial coin offerings.

“This case is a reminder that, when celebrities or influencers endorse investment opportunities, including crypto asset securities, it doesn’t mean that those investment products are right for all investors,” SEC Chair Gary Gensler said in a statement on Monday. “We encourage investors to consider an investment’s potential risks and opportunities in light of their own financial goals.”

Kardashian included “#AD” at the bottom of the post in 2021, according to the SEC. Despite that, the SEC said investors weren’t made aware of her being paid for the ad. An attorney for the celebrity didn’t immediately respond to a request for comment.

Wall Street’s main regulator has long asserted that many virtual tokens are securities and under its jurisdiction. To determine whether something is a security, the SEC applies a legal test, which comes from a 1946 Supreme Court decision. Under that framework, an asset can be under SEC purview when it involves investors kicking in money with the intention of profiting from the efforts of the organization’s leadership.

The advertisement was also singled out by the U.K.’s financial regulator last year as part of a crackdown on crypto endorsements by social influencers. Charles Randell, then chair of the Financial Conduct Authority, said Kardashian’s Instagram post “may have been the financial promotion with the single biggest audience reach in history.”

'IN the Nasdaq' with Jack Janasiewicz, lead portfolio strategist at Natixis

Latest News

The fight over the CFPB is just beginning
The fight over the CFPB is just beginning

Locked out of their offices and told to stay home, employees at the Consumer Financial Protection Bureau have asked the courts to intervene as Elon Musk and Republican leaders move to shut down the agency that was established to protect people from predatory lending and financial scams.

Business-focused wealth tech RISR lands $8B Wealthcare Capital Management partnership
Business-focused wealth tech RISR lands $8B Wealthcare Capital Management partnership

Fintech platform interVal has also introduced a new feature to help advisors support entrepreneurial business owner clients better.

LPL boosts revenue potential with amped-up alts platform
LPL boosts revenue potential with amped-up alts platform

Along with greater revenue, alternative investments also carry risks, one industry lawyer noted.

How SageSpring Wealth Partners' next-gen strategy has fueled its success
How SageSpring Wealth Partners' next-gen strategy has fueled its success

President Jeff Dobyns unpacks the strategic power of mentorship, what makes an "ideal team player," and how the firm's 89 percent success rate has paid off for veteran advisors.

Powell heads for hot-seat hearings with ongoing pressure from Trump policies
Powell heads for hot-seat hearings with ongoing pressure from Trump policies

The Fed chair is in for some "hyper-charged" meetings, with legislators likely to raise questions on tariff threats and apparent steps to comply with anti-DEI orders.

SPONSORED Taylor Matthews on what's behind Farther's rapid growth

From 'no clients' to reshaping wealth management, Farther blends tech and trust to deliver family-office experience at scale.

SPONSORED Why wealth advisors should care about the future of federal tax policy

Blue Vault features expert strategies to harness for maximum client advantage.