Stop Presidential Profiteering from Digital Assets Act
The Stop Presidential Profiteering from Digital Assets Act prohibits anyone from issuing, promoting, marketing, or selling a digital asset that uses the name, image, likeness, signature, slogans, or other personally distinguishing traits of certain federal officials or their immediate family for financial gain. It covers the President, Vice President, Members of Congress, any federal officer or official confirmed by the Senate, and their immediate family. The bill creates a presumption that such actions violate the law, even if the official endorses or consents to the asset. The Securities and Exchange Commission (SEC) would have exclusive enforcement authority, and penalties include civil fines up to $250,000 per violation or an amount equal to the asset’s gross financial gain, whichever is greater, plus the possibility of injunctive relief to halt distribution. The SEC must issue implementing regulations within 180 days of enactment. In short, the bill aims to curb profiteering by banning digital assets that exploit federal officials’ identities for profit and empowers the SEC to regulate and enforce the prohibition.
Key Points
- 1Prohibition: It is unlawful to issue, promote, market, or sell a digital asset that uses the identifiable traits of a covered individual and is reasonably likely to result in financial gain for that individual.
- 2Presumption and defenses: A digital asset meeting these conditions is presumed to violate the act, regardless of consent or endorsement by the official; voluntary participation is not a defense.
- 3Enforcement: The SEC has exclusive authority to enforce the act, including pursuing injunctive relief to stop prohibited assets from being issued or distributed.
- 4Penalties: Violators may face civil penalties up to $250,000 per violation or an amount equal to the gross financial gain, whichever is greater.
- 5Rulemaking timeline: The SEC must promulgate regulations to implement and enforce the act within 180 days after enactment.