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Please read my latest thoughts which are more balanced.

In my reasoned guess/opinion, it is likely the nail in coffin for most of those Xerox copy ICOs created on Ethereum recently. They will have to refund the money. Even the SEC had that policy of leniency of prosecution of the issuers if raised funds are refunded. And reissue in a way that either 1) creates a registered investment security as the token which means the tokens can only be spent on a centralized, regulated exchange; or 2) use a different investment structure as I proposed in my blog in the section “Pre-mine Without Securitization”.

I think other purely ICOs issues such as NEO and Qtum may be forced to reissue and restructure, or maybe not. It is very complicated because global securities regulation appears to be muddled (although note IANAL).

Some people will lose money. Refunding is a mark-to-market event, because if the raised money was already spent on hookers and cocaine, then the investors loose because the tokens will likely be declared illegal on exchanges all over the world.