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Terraform Labs seeks summary judgment to dismiss SEC allegations

Policy & Regulation·November 01, 2023, 2:14 AM

Lawyers representing bankrupt Singaporean crypto firm Terraform Labs and its co-founder, Do Kwon, have requested a summary judgment from a New York judge in their legal battle against the United States’ Securities and Exchange Commission (SEC).

If granted, such a dismissal could potentially spare them from a full-blown trial. In their motion, the legal team argued vehemently that they are innocent of the SEC’s allegations, maintaining that the regulator has failed to provide any compelling evidence of wrongdoing.

Photo by Bermix Studio on Unsplash

 

Defining a security

The motion, which was filed last Friday in the U.S. District Court for the Southern District of New York, asserts that the implicated cryptocurrencies of Terra Classic (LUNC), TerraClassicUSD (USTC) and Mirror Protocol (MIR), together with its Mirrored assets (mAssets), are not securities as claimed by the SEC in its complaint.

The heart of the matter revolves around the SEC’s assertion that Terraform Labs offered or sold securities, a claim vehemently denied by the defendants. The SEC initially brought the case in February, referencing algorithmic stablecoin TerraUSD, which famously collapsed in May 2022.

 

Lawyers claim case is unsubstantiated

Both Kwon and Terraform Labs’ attorneys argued that despite over two years of investigation, more than 20 depositions, and the exchange of a staggering two million pages of documents, the SEC’s case remains unsubstantiated.

The SEC’s original complaint in February accused Kwon and Terraform of raising substantial sums from investors by offering and selling an inter-connected suite of crypto asset securities, many of which were unregistered transactions. SEC Chair Gary Gensler added that Terraform and Kwon had failed to provide investors with full disclosures, notably concerning LUNA and TerraUSD.

A key element of the dispute centers on the SEC’s allegation that Kwon and Terraform moved millions of dollars into Swiss bank accounts for personal gain. According to the agency’s complaint, the company and Kwon transferred 10,000 bitcoins to a financial institution based in Switzerland. The legal team representing Kwon and Terraform vehemently denies this allegation, characterizing it as baseless and unfounded.

 

Flawed stablecoin design

Algorithmic stablecoins, such as TerraUSD, operate using market incentives via algorithms to maintain a stable price. Terra was tied to Luna, a governance token, in an attempt to stabilize prices. Unfortunately, the collapse of TerraUSD in 2022 destroyed in excess of $40 billion in value held by investors. It also had a domino effect, leading to a series of other crypto platform collapses later in 2022.

Judge Jed Rakoff, presiding over the case in the Southern District of New York, had previously denied an attempt by Terraform Labs and Kwon to have the case dismissed. This new motion for summary judgment represents their latest effort to put an end to the legal proceedings.

In a separate but related action, lawyers representing Terraform Labs Co-Founder Daniel Shin asserted that Shin played no role in the collapse of TerraUSD. In a Seoul district court, they emphasized that Shin had nothing to do with the collapse despite being indicted in South Korea in April on various charges, including fraud.

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Policy & Regulation·

May 23, 2023

Huobi Falls Foul of Malaysian Regulator

Huobi Falls Foul of Malaysian RegulatorMalaysia’s Securities Commission, the regulator responsible for investor protection and market integrity in the South East Asian country, has closed down the Malaysian operations of Seychelles-headquartered global crypto exchange Huobi.Photo by Zukiman Mohamad on PexelsThe regulator announced the shutdown via a press release published to its website on Monday. The Commission outlined that it has taken action against both the exchange, Huobi Global Limited, and its CEO Leon Li. It cites “operating illegally in Malaysia,” given that it was operating as an unregistered digital asset exchange (DAX) as the rationale for the decision.With the enforcement action has come an order to Huobi from the regulator to “cease circulating, publishing or sending any advertisements, whether in email or on social media platforms, to Malaysian investors, and to stop its operations in the country, including to disable its website and mobile application on several platforms such as Apple Store, Google Play and any other digital application platform.”Compliance concernsThe Securities Commission is putting the onus on the Huobi Global CEO to ensure that this order is complied with. The regulator said that it had concerns about the platform’s compliance with local regulatory requirements. It further outlined that it is an offense in Malaysia to operate a DAX without having completed registration with the Commission as a Recognized Market Operator (RMO) under Section 7 (1) of the Capital Markets and Services Act 2007.The Malaysian regulator also took the opportunity to warn citizens that they should only seek to trade on platforms that are registered RMOs and that for right now, those that have funds on the Huobi platform should withdraw their assets and cease trading on the platform.Expected newsHuobi doesn’t seem to have made an official statement relative to the Malaysian Security Commission’s decision via its official media channels. However, it did provide the following response to CoinTelegraph on Monday:“In response to recent reports, we would like to clarify that the situation outlined pertains to the previous Huobi entity and former shareholders. This is not associated with the current Huobi platform, which adheres to strict regulatory compliance globally.”Taking that response at face value, the company doesn’t seem to be particularly bothered about the enforcement action. It seems as if Huobi were already prepared for this eventuality, by starting a new corporate entity from scratch.In August 2022, the Malaysian regulator issued Huobi Global with a lesser enforcement action by adding the company to its investor alert list. It chastised the firm for operating without regulatory approval.Malaysia hasn’t been a hotbed of activity where crypto and digital assets have been concerned and certainly doesn’t compare with Asian centers like Hong Kong and Singapore who are actively chasing crypto business. However, in March of last year, the country’s Deputy Minister of Communications and Multimedia, Zahidi Zainul, said that the Southeast Asian country should recognize crypto assets like Bitcoin as legal tender.In 2021, Malaysia’s central bank joined a Bank of International Settlements (BIS)-led trial to explore the proof of concept of a central bank digital currency (CBDC), in order to enhance technical and policy capabilities should there ever be a need to issue one.

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Markets·

Jul 11, 2023

China Performs Well as Global Crypto Industry Employment Surpasses 190,000

China Performs Well as Global Crypto Industry Employment Surpasses 190,000According to new data, the cryptocurrency industry has seen a remarkable surge in employment, with nearly 190,000 individuals currently working in the field as of July 2023, with China fairing particularly well despite its hostile approach to crypto.This figure represents a significant increase compared to pre-2020 employment statistics, marking the onset of the crypto frenzy. The data was produced via a report published by K33 Research, a Norway-based digital assets research and data analysis firm.Photo by Valentin Farkasch on UnsplashIndia leads in AsiaThe data highlights an over-representation of crypto workers in the Western world, with more than 50% based in North America and Europe. Within this figure, the United States alone accounts for 29% of the crypto workforce. In Asia, India emerged as the leading employer in the crypto industry, employing 20% of the regional workforce, primarily in developer-related roles. Surprisingly, despite China’s historically hostile stance on the crypto industry, it stands as the second-largest employer in Asia, employing 15% of the regional workforce.It’s also interesting that China has been found to account for such a sizable chunk of Web3-related employment when recent feedback from recruiters in Hong Kong suggest that the crypto licensing program rolled out in the autonomous Chinese territory has not yet resulted in a surge in employment. Recruiters maintain though, that this employment boost will come in due course.Most employment via exchangesDuring 2021, a period characterized by high prices and soaring company valuations, the crypto industry employed approximately 211,000 individuals, highlighting the industry’s rapid growth. Researchers from K33 found that around one-third of the crypto workforce is engaged in exchanges or brokerages, emphasizing the crucial role these entities play. Additionally, 26% of employees work for companies offering a diverse range of financial services related to cryptocurrencies.Interestingly, the study revealed that NFTs occupy only a small portion of the workforce, with only 6% of individuals involved in this field. On the other hand, 21% contribute their skills to blockchain protocols, analytics, and mining operations. The remaining 13% hold cryptocurrency-related jobs that do not neatly fit into any specific category. The researchers employed various methods, including LinkedIn searches, AI-assisted web searches, and manual mappings, to gather this data.Remote workingA notable trend in the crypto industry is the prevalence of remote work arrangements. Major crypto companies have opted for globally distributed workforces, capitalizing on jurisdictions with favorable regulations and lower tax rates. By establishing headquarters in these locations, but employing individuals remotely or establishing local offices worldwide, companies can reduce costs and eliminate logistical barriers.The significant growth in crypto industry employment reflects the expanding and maturing nature of the sector. As cryptocurrencies and blockchain technology gain wider acceptance, professionals from various backgrounds are entering the industry, contributing their skills to different sectors within the crypto ecosystem. The prevalence of remote work arrangements and the global nature of the industry allow talent to be sourced from around the world, transcending geographical boundaries.This upward trajectory in employment is likely to continue as the crypto industry evolves and continues to shape the future of finance and technology.

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Web3 & Enterprise·

Jan 05, 2024

BingX signs sponsorship deal with English Premier League club

Singapore-based cryptocurrency trading platform BingX has secured a sponsorship deal as the new sleeve sponsor for Premier League football club Chelsea.Photo by Chaos Soccer Gear on UnsplashJanuary 9 debutThe arrangement, spanning the next six months, is expected to debut during Chelsea’s Carabao Cup semi-final first-leg match against Middlesbrough on Jan. 9. As part of this sponsorship, BingX will prominently feature on the front of Chelsea’s training kits for the upcoming 2024/25 season. Meanwhile, the current shirt sponsor, Infinite Athlete, will transition to a training sleeve sponsorship starting next season. While details about the fate of Chelsea’s training kit deal with Trivago, an online hotel booking site, remain uncertain, the club is navigating sponsorship changes in the wake of owner Roman Abramovich’s prior ownership and UK government sanctions. Corporate rebrandEstablished in 2018, BingX operates as a cryptocurrency exchange headquartered in Singapore, catering to a user base of over 10 million in Southeast Asia and North America. In November, the company announced that it was rebranding the business. Part of that process was understood to involve an overhaul of BingX’s visual identity, with the introduction of a streamlined logo. Sponsorship within the English Premier League is a high profile marketing move that will undoubtedly bring more visibility to that brand. Crypto marketing spend reboundThe marketing spend of crypto firms relative to high profile sponsorship deals has recovered significantly in recent months. Such sponsorship deals peaked at the top of the crypto market in 2021. That period saw profligate spending by many of the large crypto platforms. A standout example was provided by the $135 million sponsorship deal signed by fraudulently run crypto exchange FTX for the Miami Heat stadium naming rights in the United States. While that opulent sponsorship spending subsided during the bear market, it appears that there has been a modest resurgence as market conditions have improved. Seychelles-based crypto platform OKX has ongoing marketing relationships with the McLaren Formula One racing team and Manchester City Football Club. In March, U.S.-based crypto exchange Kraken announced a marketing partnership with the Williams Formula One racing team. Earlier this week it emerged that crypto gambling platform Stake.com had signed a sponsorship deal with the Sauber Formula One team. 18 of the 20 English Premier League clubs are now understood to have agreed sponsorship deals at one time or another with crypto companies. This demonstrates the growing trend of cryptocurrency platforms associating with high-profile sports partnerships, enhancing their visibility and influence in the market. Chelsea is actively seeking a front-of-shirt sponsorship deal, considering potential collaborations, including discussions with Saudi national carrier Riyadh Air. It’s understood that the BingX deal has been agreed for in excess of £10 million ($12.7 million) per season.

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