Telegram is set to hand the United States Securities and Exchange Commission (SEC) documentation and communications related to the 2018 ICO, which raised $1.7 billion, after an order of consent was filed by the company on May 7. The deadline for the order is May 20.
Among other details, Telegram will provide bank records and detail queries related to financial statements. The filing reads,
Telegram shall provide to the SEC information regarding any assets disbursed to Initial Purchasers under the Purchase Agreements and assets received from Initial Purchasers in connection with the termination of the Purchase Agreements promptly after such information is available.
The primary contention is that Telegram’s ICO sale is an unregistered sale of securities. The SEC halted the offering in 2019 and the case has been widely covered in the media since. New York District Judge P. Kevin Castel has also prevented Telegram from launching its Telegram Open Network (TON).
In late April, Telegram agreed to refund its investors up to 72% of their investment in the ICO immediately, or 110% worth of investments by April 2021. The company later said that, for American investors, that only the 72% refund option would be available, as a result of the ongoing case with the SEC.
Meanwhile, users on the network have already forked it into the Free Telegram Open Network, which was also launched on May 7. The intention is for the network to be free from the influence of both the SEC and Telegram. However, the network is not open to US based users.
Telegram founder Pavel Durov has criticized the United States, calling it a police state and saying that Silicon Valley was no longer friendly towards innovation, according to a blog post published on May 7.