Kim Kardashian charged by SEC, agrees to pay $1.3 million fine

Kim Kardashian agreed to pay a $1.26 million fine to the Securities and Exchange Commission to settle civil charges after the reality TV star touted a crypto asset, EthereumMax, on Instagram.

Kim Kardashian agreed to pay a $1.26 million fine to the Securities and Exchange Commission to settle civil charges after the reality TV star touted a crypto asset, EthereumMax, on Instagram. (Nathan Congleton, NBC, Getty Images)


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WASHINGTON — Kim Kardashian agreed to pay a $1.26 million fine to the Securities and Exchange Commission to settle civil charges after the reality TV star touted a crypto asset, EthereumMax, on Instagram.

The SEC charged Kardashian with failure to disclose that she was paid $250,000 to publish her Instagram post. In addition to paying the fine, she agreed to cooperate with the SEC's ongoing investigation.

"This case is a reminder that, when celebrities or influencers endorse investment opportunities, including crypto asset securities, it doesn't mean that those investment products are right for all investors," said SEC Chair Gary Gensler. "We encourage investors to consider an investment's potential risks and opportunities in light of their own financial goals."

Kardashian also agreed to not promote any crypto securities for three years.

"Ms. Kardashian is pleased to have resolved this matter with the SEC," said a statement from her attorneys. "Kardashian fully cooperated with the SEC from the very beginning and she remains willing to do whatever she can to assist the SEC in this matter. She wanted to get this matter behind her to avoid a protracted dispute. The agreement she reached with the SEC allows her to do that so that she can move forward with her many different business pursuits."

The SEC found that Kardashian violated the anti-touting provision of the federal securities laws. Kardashian agreed to the order without admitting or denying the SEC's findings.

The settlement includes a $1 million fine and forfeiting the $250,000 payment she received, plus interest.

Gensler tweeted that "any celebrity or influencer's incentives aren't necessarily aligned with yours." He said the investing public shouldn't confuse the skills of celebrities "with the very different skills needed to offer appropriate investment advice."

In the June 13, 2021 Instagram post Kardashian wrote, "Are you guys into crypto? This is not financial advice but sharing what my friends told me about the ethereum max token!" She added different hashtags, including #ad, along with #emax and #disrupthistory, among others.

The SEC said she had 225 million Instagram followers at the time of the post.

The #ad is not sufficient to comply with SEC laws in regards to touting investments, said Gensler in an interview on CNBC Monday.

"If you're advertising perfuming, or you're advertising vacation homes or anything else on the internet, there are various laws related to that. But these are the securities laws," he said.

Kardashian's net worth is estimated at $1.8 billion according to Forbes. So a $1.26 million fine is the equivalent of a fine of less than $100 for a typical U.S. family, which has a net worth of about $122,000 according to the most recent estimate of the Federal Reserve.

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