On July 2, the U.S. Securities and Exchange Commission charged two men with the illegal sale of securities related to UBI Blockchain Internet, Ltd. (“UBIB”).  The SEC alleges that T.J. Jesky and Mark F. DeStefano made approximately USD 1.4 million by selling shares in UBIB over a 10-day period in December 2017 and January 2018.  The sales stopped when the SEC temporarily suspended trading in UBIB stock earlier this year due to concerns about the accuracy of assertions in its SEC filings and unusual and unexplained market activity.

The SEC’s complaint alleges that Jesky, and DeStefano received 72,000 restricted shares of UBIB stock in October 2017 and were permitted to sell the shares at a fixed price of $3.70 per share under the registration statement.  Instead, Jesky and DeStefano unlawfully sold the shares at much higher market prices – ranging from $21.12 to $48.40 – when UBIB’s stock experienced an unusual price spike.  Without admitting or denying the allegations, Jesky and DeStefano agreed to return the ill-gotten gains, pay USD 188,682 in penalties, and be subject to permanent injunctions.   The settlement is subject to the court’s approval.

The press release that the SEC issued about the case contained another warning to public retail investors to be cautious before buying stock in companies that suddenly claim to have a blockchain business.  As we reported earlier, in order to educate the public, the SEC has gone as far as to create a mock website that offered a phony ICO.

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David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technical-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.