Hailey Welch, the once-promising Hawk Tuah girl-turned-influencer, now finds herself at the center of a legal storm. After the launch and subsequent flop of her cryptocurrency memecoin HAWK, allegations of insider trading have come to light. Fans are demanding answers and justice as they claim to have lost their "life savings."Potential Legal Ramifications
SEC Civil Charges
Yuriy Brisov, a partner at Digital and Analogue Partners, explains that the United States Securities and Exchange Commission (SEC) could potentially launch civil charges for security fraud. If the sales of securities involve misrepresentation or deceit and meet the criteria of the Howey test, Welch could face these charges. It's a complex legal landscape when it comes to cryptocurrencies, and the SEC is constantly evolving its regulations.
Such actions could have serious consequences for Welch and her team. The SEC's role is to protect investors and ensure the integrity of the financial markets. If they find evidence of wrongdoing, Welch could be held accountable for her actions.
DOJ Criminal Charges
The Department of Justice (DOJ) also has the potential to consider criminal charges such as money laundering or wire fraud. If there is any evidence pointing to financial misconduct, Welch could be facing even more severe penalties.
The DOJ's involvement in similar cases shows that they take these types of allegations seriously. They will investigate thoroughly to determine if Welch's actions meet the criteria for criminal charges. If found guilty, she could face imprisonment and significant fines.
Insider Trading Allegations
When asked about whether the allegations against Welch would qualify as insider trading, Brisov stated that traditionally, insider trading involves trading securities based on material, non-public information and breaching a duty of trust or confidence.
In the context of cryptocurrencies, the legal framework is still evolving. However, if Welch's team possessed non-public information about the token's launch or had pre-arranged strategies to sell significant portions of the supply, leading to the token's price collapse, such actions could be scrutinized under fraud or market manipulation statutes. This is a serious accusation that could have a significant impact on Welch's future.
Team's Denials and Data Contradictions
Taking to X earlier this week, Welch refuted allegations of insider trading on behalf of her team, stating that "Team hasn't sold one token and not 1 KOL was given 1 free token." However, data shows that more than 80 wallet addresses had not bought tokens but were given tokens prior to the launch. All 80 of these accounts sold their shares for profits ranging from $10,000 to $365,000.
This contradiction raises questions about the veracity of Welch's claims. If there is evidence of token giveaways to certain individuals before the launch, it could further support the allegations of insider trading. The authorities will need to carefully examine this data to determine the truth.
US DOJ's Recent Involvement
While no investigations have been announced so far, the US DOJ did recently get involved in a case where the founder of the Bitcoin fog crypto mixer was sentenced to prison for 12 and a half years. This shows that the DOJ is actively monitoring and taking action against cryptocurrency-related crimes.
If Welch's case meets the criteria for investigation, she could face similar consequences. The DOJ's actions serve as a warning to other influencers and cryptocurrency creators that they will not be immune from the law.