So it's illegal to do an ICO and offer something of actual potential value, namely shares?
Seems like a serious unintended consequence of regulation.
Seems like a serious unintended consequence of regulation.
On the other hand, provided wishing wells and ICOs don't claim to be a genuine investment and aren't considered to be equivalent to securities by anyone with any common sense, it's arguably state overreach to stop people chucking their money into them.
I recall from angel funding that the criteria is that you must ask, and that you must have "no reasonable reason to doubt" that a person is an accredited investor. The language is nice and vague, as per SEC regulatory standards.