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by Veelox 2951 days ago
I think you are being uncharitable to the point they made. Since there are accredited investors, if a bad guy tries to talk an un-accredited investor into buying into a dressed up Ponzi scheme it is a federal crime and thus can be investigated and treated as such. The goal of this is to keep main street investors safe. Yes, it does put some limits on individual freedom but I think this is one area where the trade-offs has been chosen decently well.
2 comments

No, anyone that offers an unregistered security to a non-wealthy (unaccredited) investor is committing a federal crime. It's disingenuous to ignore the full scope of the law, by not mentioning how it criminalizes certain classes of victimless interaction.

>>Yes, it does put some limits on individual freedom but I think this is one area where the trade-offs has been chosen decently well.

This is Big Brother ideology. No one in a free society should have their freedom restricted.

The practical results of this paternalism have been disastrous too, so it can't be justified on consequentialist grounds. Practically all small businesses are denied direct access to public capital markets atm.

That's probably trillions in lost economic gains and potentially a massive contributor to income inequality.

When you create gatekeepers, and prohibit anyone from transacting without their intermediation, you create a concentrated power structure that inhibits economic development and exacerbates income inequality.

The new crowdfunding rules are a tiny step in reversing this dire situation, but the real solution is to stop treating the adult population like children that need to be protected from their own bad judgment.

Nothing stops an unaccredited investor betting the farm on Enron. If there is a less perceived risk, people will use more leverage. So all of this "protection" just amounts to restricted opportunity.
Several people went to federal prison and Arthur Anderson went out of business over the Enron shenanigans. This seems as much a deterrent as the Securites Act of 1934. If you’re willing to risk federal prison, you can solicit non-accredited investors for unregistered securities.
You are missing the point. Insert any publicly listed stock that tanked. How about a nice safe bank, like Lehman brothers?