An early complaint was served on the DAO using a support chat box; however, a federal court later ruled that the regulator “shall serve at least one identified Token Holder.” A lawsuit against the two original creators of the Ooki decentralized autonomous organization must be served on them by the Commodities Future Trading Commission (CFTC), according to an order issued by a federal court in the United States (DAO). On December 12, 2018, District Judge William Orrick issued an order directing the United States regulator to serve decentralized trading platform bZeroX’s founders, Tom Bean and Kyle Kistner. bZeroX was the platform’s ancestor, while Ooki DAO was its successor. While Bean and Kistner had already settled charges with the CFTC in September relating to illegal commodities offerings on bZeroX, separate charges were laid against Ooki DAO token holders. These charges were served using a help chat box as well as a notice on its online forum. Bean and Kistner had already settled charges with the CFTC in September relating to illegal commodities offerings on bZeroX.
However, when it was eventually found by Judge Orrick that Bean and Kistner were holders of alsOoki DAO tokens, he rethought the way in which the CFTC was going to be served in the litigation.
Judge Orrick said in his written opinion that “it is evident in this instance that Ooki DAO had genuine notice of the action.” ” However, in order to give the best notice that can be reasonably expected, the CFTC ought to serve at least one identified Token Holder if at all feasible.
On December 7, the District Court for the Northern District of California held a hearing with the CFTC and those entities who filed amicus briefs in an effort to convince Judge Orrick to reconsider allowing the CFTC to serve Ooki DAO through its help chat box. The hearing was attended by the CFTC and the entities who filed the amicus briefs.
“The CFTC asserted it knew that some of Ooki DAO’s Token Holders reside and conduct business in the United States,” Orrick wrote. “This is because the two founders of Ooki DAO’s predecessor entity, bZeroX LLC, are Token Holders who reside in the United States.” “At the hearing, the CFTC asserted it knew that some of Ooki DAO’s Token Holders reside and conduct business in the United States
“I had no prior knowledge of this,” he went on to say. It is said that “Neither the lawsuit nor the CFTC’s Motion for Alternative Service disclose that the erstwhile founders, [Bean and Kistner], are or have been Token Holders.” After everything is said and done, he came to the conclusion that “The CFTC is now ORDERED to serve Bean and Kistner, in their capacity as Ooki DAO Token Holders.”
The Commodities Futures Trading Commission (CFTC) reached a settlement on September 22 with Bean and Kistner over allegations that they “illegally offered leveraged and margined retail commodity trades in digital assets” via bZeroX.
Simultaneously, it filed a complaint against Ooki DAO, stating that once bZeroX was transferred into its hands, Ooki DAO operated the same software as bZeroX, which violated “the same laws as the respondents.” This action was filed at the same time.
Even some of the CFTC’s own employees were among those who harshly criticized the agency for filing the action without first establishing clear regulatory principles. The CFTC commissioner, Summer Mersinger, referred to this method as “regulation by enforcement.”