The group also accused Hutchins of aiding and abetting Jenner’s allegedly fraudulent conduct, but Judge Blumenfeld said that claim failed as the complaint “does not adequately allege any viable fraud claim.”In a footnote, Judge Blumenfeld said Jenner and the class group disputed whether the JENNER token was a security, but he was not going to decide at this stage as the “securities claims fail on other grounds.”Related: Top TRUMP whales hold $174M in tokens ahead of dinner with US president “Because the determination of whether the tokens are securities is fact-dependent and may be affected by an amended pleading, the Court declines to resolve that issue at this stage and instead assumes without deciding that the tokens are securities subject to the federal securities laws,” he wrote.
Judge Blumenfeld said the suit failed to allege that Jenner sold the token through a prospectus that contained an untrue statement, as “Greenfield admits that the $JENNER tokens were not sold through a prospectus.”The court also tossed a common-law fraud accusation, saying the complaint alleged omitted information and noted various X posts by Jenner “stating that she would continue to support the tokens,” but it did not identify which of the statements related to the fraud claim.
A lawyer for the class group, Fitzgerald Monroe Flynn PC partner Jack Fitzgerald, told Cointelegraph it was “pleased the Court recognized we may be able to state some claims against the defendants, and intend to amend and press forward with the case.”Jenner and her manager, Sophia Hutchins, were sued in November by a group that bought the JENNER token and accused them of having “fraudulently solicited financially unsophisticated investors” to the token, which they alleged was an unregistered security.
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Author / Journalist: Cointelegraph by Jesse Coghlan
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