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Solana’s Mango Markets Seeks SEC Settlement Following Eisenburg Exploit

Published August 20, 2024 11:32 AM
Teuta Franjkovic
Published August 20, 2024 11:32 AM
By Teuta Franjkovic
Verified by Insha Zia

Key Takeaways

  • The DEX Mango Markets is facing a proposed settlement with the SEC over allegations of securities law violations.
  • The settlement involves a $223,228 fine and the termination of the MNGO token, which could significantly impact the DAO’s future operations.
  • The resolution of this case could set a precedent for how other DeFi protocols interact with securities regulators.

Mango Markets, a once-thriving decentralized exchange on the Solana network, is on the cusp of a major reckoning.

After a tumultuous showdown with the SEC over allegations of securities law violations, the platform’s governing body, Mango DAO, is putting a settlement proposal  to a vote.

The deal on the table is a stark one: pay up in fines and shut down operations of its flagship MNGO token.

Mango DAO Proposes Settlement with SEC Following $110M Exploit

The proposed settlement between Mango DAO and the SEC directly responds to the exploit that shook the protocol in October 2022. Avraham Eisenberg, a self-proclaimed “applied game theorist,” manipulated the price of Mango Markets’ token, MNGO, and futures contracts pegged to its value, ultimately extracting $110 million in cryptocurrencies without any intention of repayment.

Eisenberg’s scheme involved exploiting a feature on the exchange that allowed him to “borrow” against his holdings, which he used to inflate the price of MNGO tokens by 1,300% in just 20 minutes.

This premeditated fraud not only damaged Mango Markets but also led to a series of investigations by US regulators, including the SEC, DOJ, and CFTC.

In April, Eisenberg was convicted  of commodities fraud, commodities manipulation, and wire fraud related to his activities on Oct. 11, 2022.

The SEC has since accused Mango DAO of violating Sections 5(a) and 5(c) of the Securities Act of 1933, with additional allegations against Mango Labs and the Blockworks Foundation for breaching Section 15(a) of the Securities Exchange Act of 1934.

To address these allegations, Mango DAO has put forth a settlement proposal that includes paying a civil penalty of $223,228 and permanently enjoining the DAO from violating Sections 5(a) and 5(c) of the Securities Act of 1933.

If accepted, the settlement would also require Mango DAO to immediately halt all offerings, sales, or resales of MNGO tokens on the protocol via any interstate commerce methods in the United States.

Furthermore, the DAO would need to destroy or render unavailable for trading, selling, offering, or purchasing any MNGO tokens in its possession or control within ten days following the entry of the Final Judgment.

The SEC did not immediately respond to a request for comment.

Mango DAO Faces SEC Settlement, Future in Jeopardy

Additionally, per the proposal, the DAO would be required to request the removal of MNGO tokens from all cryptocurrency exchanges where they are currently traded and avoid soliciting any trading platforms to list MNGO for trading.

This settlement could pose a significant threat to Mango Markets’ future operations, given that the MNGO governance token plays a crucial role in the protocol’s decision-making processes.

The proposal emphasizes the importance of transparency while also ensuring confidentiality in its proceedings.

The proposal said:

“Due to the rules regarding the confidentiality of settlement discussions and because the SEC’s investigation is ongoing and non-public as a matter of law, the DAO Representative is limited in the information that it is permitted to share in a non-privileged context.”

Mango DAO’s SEC Settlement Could Set Precedent for DeFi Regulation

The DAO’s treasury currently possesses approximately $2 million in USDC and other assets.

The proposed settlement sets a precedent for DeFi regulation, underscoring the heightened scrutiny that crypto projects are encountering.

Mango Markets, which garnered attention in 2021 for its $70 million public sale of MNGO tokens (excluding US participants), is just one example of a project navigating complex regulatory waters.

The resolution of this settlement could establish a benchmark for how other DeFi protocols might engage with securities regulators in the future.

As of press time, according to CoinMarketCap , MNGO exchanged hands for $0.015 with an average daily trading volume of $137,000.

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