Could Ben.eth’s PSYOP tokens face legal scrutiny? It depends, say lawyers

BEN

Michael Kanovitz, a lawyer threatening to file a class action against Ben.eth, says the PSYOP scheme bear similarities to cases that have seen SEC enforcement.

Ben.eth, the pseudo-anonymous memecoin creator behind at least three controversial token launches in recent weeks, could fall under the crosshair of United States regulators, crypto lawyers suggest.

A previously little-known personality in the crypto community, Ben.eth has seen his Twitter following blow up nearly five-fold in May. The influencer has launched at least three memecoins in recent weeks — Ben Coin (BEN), PSYOP, and LOYAL.

Pre-sales of these memecoins — which require Ether (ETH) to be sent directly to the creator himself — have allowed Ben.eth to gather thousands of ETH. Currently, his wallet holds 10,946 ETH, equivalent to $20.8 million.

The ETH balance of the ben.eth wallet is nearing $21 million worth. Source: Etherscan

While Ben.eth’s supporters have defended the legitimacy of the token sales, others warn that the influencer’s actions could face the wrath of regulators and disgruntled investors alike.

Michael Kanovitz, a partner at Loevy & Loevy, told Cointelegraph that the Psyop launch “is a classic example of the concerns the SEC [U.S. Securities and Exchange Commission] has identified in actions like those against Kim Kardashian and Paul Pierce.”

Kanovitz recently sent a profanity-laden letter via NFT to Ben.eth threatening a class-action suit against him, alleging that the influencer “used a manipulative launch strategy” in the PSYOP presale.

To @eth_ben and @psyopeth :
My law firm, Loevy & Loevy, will be filing a class action against you in your IRL name if you do not refund all of the $PSYOP presale purchasers immediately.
Our settlement demand letter has served as an NFT to your ben.eth address, viewable here:… pic.twitter.com/qaxhECDUhb
— Mike Kanovitz (@MikeKanovitz) May 19, 2023

Kanovitz alleged that Ben promised Psyop’s returns on investment would be “several fold or greater” and claimed he “coordinated with other influencers to spread misinformation” and potentially manipulated the token's price.

Pointing to BEN and LOYAL, Kanovitz said he’s “continuing to gather evidence” on the alleged scheme.

In comments to Cointelegraph, Michael Bacina, a lawyer and partner at Piper Alderman, said that the legal trouble Ben could find himself in depends on if the sales are investigated and what U.S. regulator carries out that investigation.

The Securities and Exchange Commission, for example, might believe the tokens are investment contracts — as it does with most other cryptocurrencies — and could consider them unregistered securities, which could see Ben face possible fines and penalties.

Cointelegraph has contacted Ben.eth on multiple occasions but has not received a response. Cointelegraph contacted the SEC for general comment but did not receive an immediate response.

Ben.eth’s most recent token launch, LOYAL, is supposedly for an in-development decentralized exchange (DEX) and “memecoin launchpad” named PsyDex that will be a competitor to Uniswap, according to collaborator Ben Armstrong.

Last minute tweaks to the $LOYAL contract, so that it can be used to properly incentivize liquidity on Psydex. Shouldn’t be too long. Thank you for your patience.
— ben.eth (@eth_ben) May 31, 2023

Meanwhile, other influencers have attempted to capture some of the recent memecoin magic, asking followers to send ETH for essentially “nothing.”

Send ETH here:

0x8DFD4f307B6011D4CB21007FD5658f0686523938 pic.twitter.com/edG01OTY5i
— PAULY (@Pauly0x) May 30, 2023

The wallet address “yougetnothing.eth” currently shows a balance of 411 ETH worth $780,000 and has close to 4,000 transactions over the last 13 hours, according to Etherscan.

Other influencers, such as American socialite Kim Kardashian, have been slapped by the SEC for crypto promotions. In October, the regulator fined Kardashian $1.26 million for her involvement in the promotion of EthereumMax (EMAX). In February, NBA player Paul Pierce made a similar-sized settlement with the regulator.

Additional reporting by Jesse Coghlan.

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Influencer served settlement demand via NFT, following M token presale

Ben.eth

A “manipulative launch strategy” was alleged over how the Liquidity Pools were structured and the way that the tokens "trickled out."

A nonfungible token (NFT) influencer got served with a settlement demand via NFT, which casually dropped the "F bomb" several times and alleged the influencer engaged in wire fraud "at a minimum" on a recent $7 million token presale.

Lawyer Mike Kanovitz, a partner at Loevy & Loevy, took to Twitter on May 20 to state that a “settlement demand letter has served as an NFT” to the wallet address associated with the alleged influencer known as ‘Ben.eth,’ whose real identity remains undisclosed.

He alleged that Ben.eth “used a manipulative launch strategy” over how the Liquidity Pools (LP) were structured and the way that the tokens "trickled out" on the recent presale for his token $PSYOP – shortly after the accusationBen.eth tweeted that 50% of the tokens have been sent out and “the rest will be sent in short order.”

“At a minimum, you would be guilty of wire fraud, which is a predicate act for racketeering and the basis for a treble damages award against you ($7 million becomes $21 million)” the letter stated.

To @eth_ben and @psyopeth :
My law firm, Loevy & Loevy, will be filing a class action against you in your IRL name if you do not refund all of the $PSYOP presale purchasers immediately.
Our settlement demand letter has served as an NFT to your ben.eth address, viewable here:… pic.twitter.com/qaxhECDUhb
— Mike Kanovitz (@MikeKanovitz) May 19, 2023

Kanovitz stated in the letter that a “refund is the stand-up thing to do.” However, he warned of potential legal action if refunds weren’t provided:

“So, just send back the ETH. The matter will be over, and you and your victims can all go on with their lives. But if you insist on fucking over thousands of people, my law firm will step up to right that injustice.”

Furthermore, he suggested a potential “painful” process for Ben.eth, following a court filing, if the letter is not cooperated with.

“The suit will name you personally as well as your alias and will be served at your home” he stated.

Kanovitz further threatened a subpoena on the alleged influencers communications which he said, “that evidence will put the final nails in your coffin.”

He further added that he will reveal the in-real-life (IRL) identities of the influencers' co-conspirators.

Kanovitz concluded the letter stating “you are engaging in real fraud, and it is hurting real people. There will be consequences if you don’t make it right.”

Ben.eth responded to the letter hours later on May 20 saying the letter is “so unprofessional it could get them in trouble with the bar association.”

Cointelegraph reached out to Ben.eth for comment but did not receive a response by the time of publication.

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