Note that there _is_ some debate within the SEC about the application of Howey (e.g. https://www.sec.gov/news/public-statement/peirce-concurrence...) but they don't seem to be making those arguments.
Note that there _is_ some debate within the SEC about the application of Howey (e.g. https://www.sec.gov/news/public-statement/peirce-concurrence...) but they don't seem to be making those arguments.