Key Points:
As per the legal case, Bancor contravened federal and state securities regulations by providing and vending investment agreements to providers of Bancor liquidity, neglecting to enroll as an exchange or broker-dealer under relevant federal securities statutes, and failing to acquire a legitimate registration of the securities it proposes.
The action also goes after its operator, the BProtocol Foundation, and its creators, alleging that Bancor misled investors about its impermanent loss protection mechanism (ILP) and functioned as unregistered securities.
The complaint accuses the defendants of six breaches of the Securities Act of 1933 and the Exchange Act of 1934, as well as breach of contract and unjust enrichment.
Bancor discontinued the temporary loss protection in 2022, when withdrawals triggered a payment requirement from the liquidity providers, forcing the providers to bear the same losses that Defendants had pledged “100% protection” from.
According to the plaintiffs, the defendants enticed them with promises of risk-free investing. They reportedly used this to make up for unknown deficiencies in their online crypto asset market. According to the complaint, not only were these promises fraudulent, but those who made them were fully aware that they were.
The Bancor Protocol inventors, who founded the BProtocol Foundation in 2017, pioneered an automated way of trading crypto assets. The protocol functions as an automatic market maker (AMM), aggregating crypto assets from investors to form a working exchange. In exchange, investors are given a portion of the platform’s fees.
Despite the fact that Bancor Protocol is ostensibly administered by a decentralized autonomous organization (DAO) named Bancor DAO, the complaint argues that the defendants maintained considerable influence over the platform’s operations. This included manipulation and dominance of the Bancor DAO, thereby providing the accused near-total control.
When the value of a liquidity provider’s (LP) assets in a decentralized exchange (DEX) drops owing to liquidity pool price fluctuation, this might result in an impermanent loss.
This loss may be offset if the relative values of tokens in the pool recover to their former levels before the LP withdraws its investment.
But, if the LP departs before the price realignment, the loss is irreversible. Furthermore, Bancor’s v2.1 solution, which will be released in October 2020, promises to safeguard investors from such losses. This feature contributed significantly to the protocol garnering over $2.3 billion in crypto assets. Nonetheless, the complaint claims that this ILP technique constituted a fraudulent promise.
The complaint, however, claims that Version 2.1’s implementation aggravated protocol flaws. Defendants were allegedly aware of these deficits and the dangers associated with them but concealed them from LPs while attempting to avoid the issue via greater liquidity and hidden assessments.
Bancor Protocol Version 3 was released in May 2022, featuring an improved investment program called as the LP Program. Defendants advertised the program to limited partners (LPs), claiming “100% protection” against temporary loss and constant payment coverage for earlier versions.
But, just 19 days following the program’s introduction, massive withdrawal demands resulted in payment obligations that the defendants allegedly failed to meet. According to the lawsuit, this caused severe financial injury to investors.
The plaintiffs allege losses of up to 50% of their LP Program investment, which equates to tens of millions of dollars for US retail investors. As a result, they’re suing for compensation, damages, and interest.
DISCLAIMER: The information on this website is provided as general market commentary and does not constitute investment advice. We encourage you to do your own research before investing.
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