Podcast talks with former SEC Enforcement Division attorney Nick Morgan; Nick Morgan says the SEC is reviewing all types of cases and using the Howey Test to determine whether the deals are considered an offering of securities; explains that the Howey Test considers whether the expectation of profit relies on efforts of investors and also says that the investigations center around whether the investors are passively investing or actively involved in creating value; Morgan also noted that the SEC’s resources are limited given the vast number of ICOs being offered and reports that the investigations will likely focus first on any fraudulent activity with potential investigation efforts also on exchanges that encompass the inclusion of many ICOs. Source
