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SEC seeks summary judgment against Terraform Labs

Policy & Regulation·November 04, 2023, 9:12 AM

The U.S. Securities and Exchange Commission (SEC) is making a strong push for a summary judgment in its ongoing legal battle against Singapore’s Terraform Labs and its co-founder Do Kwon. Such an outcome would spare the need for a protracted trial.

According to a motion filed by the SEC on Thursday, the record shows that there is “no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law.”

Photo by Caleb Fisher on Unsplash

 

Relying on the Howey Test

The SEC’s filing underscores its central argument that Kwon and Terraform Labs were involved in the sale of securities. The document categorically states:

“There is no dispute that purchasers made an investment of money, either through fiat currency or crypto assets, for each crypto asset — LUNA, wLUNA, MIR, and UST, thereby satisfying the first prong of Howey.” The Howey Test refers back to a U.S. Supreme Court case — SEC v. Howey — which took place in 1946. The case set a precedent and has subsequently become the cornerstone of determining what is or is not a security in the United States.

This argument hinges on the idea that funds were pooled in a common enterprise with the expectation of profits primarily derived from the efforts of the promoters.

 

Citing fraud as well as unregistered securities

The SEC’s assertion is two-fold, contending that not only did Terraform and Kwon engage in selling securities, but they also engaged in fraudulent activities and disseminated misleading information. The SEC reiterates these claims in its filing, emphasizing that the defendants committed fraud by duping investors about the stability of UST.

They allegedly falsely attributed the algorithm for price stabilization while orchestrating clandestine third-party interventions. This purported deception made their claims regarding the algorithm’s effectiveness deceptive and involved the omission of crucial information. The fallout from Terra’s collapse in May of the previous year resulted in the destruction of substantial investor wealth, totaling billions of dollars.

 

Similar defense team filing

The SEC’s move to seek summary judgment comes in the wake of a similar filing by Kwon’s defense team last Friday. Kwon is currently serving a sentence for document forgery in Montenegro, a situation stemming from his arrest at an airport with forged passports.

Notably, Terraform’s co-founder, Daniel Shin, who is currently on trial in South Korea, has attributed the collapse of Terraform Labs to Kwon’s mismanagement. Shin has claimed his separation from the company and its activities occurred two years before its eventual collapse.

In this legal battle that holds significant implications for the cryptocurrency and blockchain space, the SEC continues to emphasize its position, asserting that Kwon and Terraform Labs engaged in the sale of securities through deceptive means. The outcome of this case could have far-reaching consequences, setting precedents for future regulatory actions in the industry.

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Policy & Regulation·

Sep 12, 2023

Five Foreigners Detained in Thai Crypto Scam Crackdown

Five Foreigners Detained in Thai Crypto Scam CrackdownAgainst a background that continues to see the crypto sector plagued by fraud, Thai authorities have taken decisive action by detaining five foreign nationals accused of orchestrating a multi-million dollar crypto scam.Photo by Dan Freeman on UnsplashA $76 million griftThe scam was clever in that it targeted the aspirations of over 3,200 victims, promising them substantial returns through fraudulent investments in gold and cryptos like Tether (USDT). In its wake, the scheme has left countless investors devastated, with some resorting to drastic measures like securing second mortgages on their homes.According to a report on Monday by The Bangkok Post, an English-language publication in Thailand, Thailand’s Cyber Crime Investigation Bureau (CCIB) told the publication on Sunday that it had initiated an extensive investigation into BCH Global Limited, the company at the heart of the scam. The individuals responsible for perpetrating the alleged fraud are four Chinese nationals and one Laotian citizen. They now face a litany of charges including fraud, transnational crime, money laundering, and the falsification of computer documents.The scammers ingeniously enticed their victims with alluring promises of remarkable returns through their crypto investment platform, bchgloballtd.com.International cooperationThailand’s efforts to bring these culprits to justice did not take place in isolation. The Thai authorities forged partnerships with international law enforcement agencies, including the Department of Homeland Security in the United States, which aided the Thai authorities greatly in their investigations. The collective effort ultimately culminated in the arrest of the five suspects and the seizure of properties valued at 585 million baht ($16.5 million) by Thailand’s Anti-Money Laundering Office.Part of a broader problemWhile this particular crypto scam is significant, it is far from an isolated incident within Thailand. It adds to the growing concerns of Thai officials who are becoming increasingly exasperated with the prevalence of cryptocurrency scams within their borders.Thai authorities have even issued a stern warning to Meta, the parent company of Facebook, cautioning that failure to address the issue of deceptive advertisements on its platform may lead to expulsion. The government contends that over 5,300 fraudulent ads on Facebook have victimized more than 200,000 Thai citizens.The overarching Asian region in general appears to be harder hit when it comes to crypto-related scams. In August, a $120 million crypto ponzi scheme was exposed in India. Last month the South Korean Financial Supervisory Service (FSS) issued a press release warning investors to be mindful of fraudulent crypto investment schemes. The very same month, Singaporean authorities uncovered a $1.3 million crypto mining scam.The apprehension of the five suspects responsible for the $76 million crypto scam underscores the pressing need for more stringent regulations and heightened vigilance within the crypto space. Such measures are required if innocent investors are to be protected from falling victim to similar scams in the future.

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Web3 & Enterprise·

Sep 12, 2023

Animoca Brands Secures Funding to Expand Web3 Identity Project

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Policy & Regulation·

Jul 31, 2023

Japan’s Blockchain Group Requests Crypto Tax Revision for Web3 Adoption

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