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Nasdaq-listed technology firm Xunlei has become the subject of multiple class-action lawsuits from investors who purchased the companyâs digital token, Linktoken. Xunlei is accused of misleading investors to disguise an initial coin offering (ICO) through which Linktoken was distributed.
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Xunlei CEO Rejects ICO Allegations
The chief executive officer of Xunlei, Chen Lei, has rejected accusations that the company misled investors in order to illegally conduct an ICO in China.
Xunleiâs Linktoken was distributed to users in exchange for a contribution of idle internet bandwidth, according to South China Morning Post. Chen Lei has claimed that the Linktoken distribution did not comprise an ICO due to the company not raising any funds through the issuance of the tokens, and due to Linktoken comprising a utility token that is not allowed to be traded. âBy making a public offering, really you need to use it to raise money. We have never used a coin to raise any money at all, thatâs never our intention,â Mr. Lei stated.
In October 2017, Linktoken was launched in conjunction with other efforts by Xunlei to enter the booming blockchain industry. Whilst the distribution of the Linktoken appears to have been the catalyst for many weeks of sharp bullish action, the value of Xunleiâs stock has more than halved since posting 500% gains and setting record highs of $25 USD in November 2017.
Xunleiâs Stock Plummets
Since then, the price of Xunleiâs shares had plummeted to approximately $10 by early April, prompting some U.S.-based investors to seek action against the company for allegations of giving false and/or misleading statements regarding the legitimacy of the companyâs cryptocurrency-related activities between October 2017 and January 2018. Among other allegations, investors have pointed to the requirement that they purchase hardware from Xunlei in order to share bandwidth and claim the digital tokens in return.
Chen Lei has refuted the allegations, stating âWe are a small capital company, so our stock price does fluctuate, but I donât think thereâs any basis for the lawsuit because weâre operating in China and it is the Chinese law and regulations that we need to observe,â adding that âthe definition of [an] ICO has to be interpreted in the Chinese market.â Mr. Lei also indicated that Xunlei is currently in the process of hiring legal counsel to refute the allegations.
Chen Lei Claims to Support Regulatory Action Against ICOs
Chen Lei also criticized initial coin offerings and advocated for greater regulatory action to be taken against such, stating âICOs are terrible, and give a bad name to blockchain technology. Governments should clamp down on these practices â a crackdown is the only way blockchain can rebuild its reputation.â Mr. Lei added: âWe have been very straight on our business practices â we do not sell tokens.â
Chinaâs National Internet Finance Association (NIFA), a self-regulatory body established by the Peopleâs Bank of China and authorized by Chinaâs State Council, conducted an investigation into Xunleiâs token distribution, concluding in January the company had evaded regulations through conducting an âinitial miner offering.â
NIFA stated âIn the case of Lianke issued by Xunlei, for example, the issuing company in effect substitutes Lianke for the duty to pay back project contributors with legal tender, making it essentially a financing activity and a form of disguised ICO. In addition, with frequent promotional activities and publishing of trading tutorials, Xunlei has lured many citizens without sound discernment into IMO activities.â
Xunlei Shares Bounce After Blockchain Launch
Despite the controversy and ongoing class-action lawsuits, Xunlieâs stock has bounced in recent days following the companyâs announcement that its âThunderchainâ blockchain platform designed to facilitate the development of decentralized applications has been launched.
Xunleiâs shares (XNET) are currently trading at $13.46, after retracing from highs of $14 on the 20th of April.
Do you think that Xunlei will be successful in evading ICO status regarding its Linktoken issuance? Share your thoughts in the comments section below
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