Crypto News – VanEck has agreed to settle SEC charges pertaining to the 2021 launch of an exchange-traded fund (ETF) with a social media focus in exchange for a punishment of $1.75 million.
VanEck Marketing Violation: Company Pleads Guilty to SEC Charges
In a statement released on February 16, the SEC disclosed that VanEck had failed to adequately disclose that a well-known social media celebrity would be helping to market the VanEck Social Sentiment ETF when it launched in March 2021. The influencer’s identity was withheld by the financial watchdog, but reports from 2021 linked Barstool Sports founder David Portnoy to the promotion of the VanEck ETF. Unknown to the public, the regulator discovered that the influencer’s fee was correlated with the fund’s growth, ensuring increased remuneration as the fund grew.
Using “positive insights” from social media and other data sources, the ETF sought to track an index. However, the SEC found that VanEck worked with a powerful and contentious online personality to increase the fund’s appeal and tried to use social media to boost its performance.
VanEck Agrees to Comply with SEC’s Instructions
The requirement for openness from advisors was emphasized by Andrew Dean, co-chief of the Asset Management Unit of the SEC Enforcement Division. He said the board’s capacity to evaluate the advising contract and comprehend the financial effects of licensing agreements is hampered by the inaccurate disclosures made. VanEck admitted to breaking the Investment Company Act and the Investment Advisers Act when it complied with the SEC’s mandate. The company also accepted a halt and desist order, censure, and the necessary financial penalty.
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