Top

Genesis Ordered to Comply with Subpoena in Terraform Labs Case

Policy & Regulation·October 18, 2023, 2:19 AM

Genesis, the troubled crypto lender and trading company, has been issued a compelling directive by a New York court. The court has mandated Genesis to comply with a subpoena within five days, following a failure to respond to previous requests by the October 9 deadline, relative to a case involving Singapore’s Terraform Labs.

Photo by Michael Discenza on Unsplash

 

TerraUSD collapse fallout

These requests are related to the 2022 collapse of the TerraUSD stablecoin, a cryptocurrency which was supposed to maintain a peg to the US dollar’s value until it lost that peg and collapsed. At the time, the demise of TerraUSD reverberated throughout the cryptocurrency markets.

In response to this collapse, the US Securities and Exchange Commission (SEC) initiated a legal action against Terraform Labs, the company responsible for the token, and its co-founder Do Kwon, alleging that investors had been misled. Both Do Kwon and Terraform subsequently tried unsuccessfully to have the case dismissed.

As part of the progression of this case, the SEC sought to question Do Kwon and gain access to company records held by the Singapore-headquartered firm. The defendants were ultimately unsuccessful in arguing their case in that instance on jurisdictional grounds.

 

Failure to respond

Judge Jed Rakoff, in a court order filed on Friday, highlighted Genesis’s non-compliance with the subpoenas, stating:

“As of today, the Genesis Entities have failed to produce any documents in response to the Subpoenas.”

These subpoenas were issued by the defendants to seek specific information from Genesis Global Capital, Genesis Global Holdco, and Genesis Global Trading on September 12.

The court order does not specify the nature of the information sought. It is worth noting that Genesis extended substantial loans to the now-defunct hedge fund Three Arrows Capital (3AC), which was heavily exposed to the TerraUSD stablecoin. In January 2023, three Genesis entities filed for bankruptcy, and its trading arm ceased its US spot market operations in September.

In addition to the challenge posed by Genesis’ non-compliance, Judge Rakoff is also wrestling with obtaining information from Do Kwon in connection with the legal proceedings. Kwon’s legal representatives have argued that he cannot physically come to the US as he is serving a jail sentence in Montenegro for possession of a counterfeit passport.

However, Judge Rakoff has expressed his determination to ensure Kwon’s availability for cross-questioning and stated that Kwon will not be allowed to provide any declarations in the case without being subject to cross-examination.

 

Citadel under scrutiny

In a related development, it emerged last week that Terraform Labs is accusing American market maker Citadel Securities of having sabotaged its TerraUSD stablecoin. As part of the Singaporean company’s pursuit of justice, it has called upon the United States District Court in the Southern District of Florida to force Citadel to furnish specific documents that relate to their trading activities during the period within which TerraUSD collapsed.

Should it fail in that endeavor, Terraform has said that it will look to have the matter heard in Judge Rakoff’s court in New York.

This legal development concerning Genesis marks a crucial juncture in the ongoing investigation into the TerraUSD stablecoin’s collapse and the actions of the entities involved, with Genesis now facing increased pressure to cooperate fully with the legal process.

More to Read
View All
Policy & Regulation·

Oct 14, 2023

Terraform Labs Accuses Citadel Securities of Stablecoin Sabotage

Terraform Labs Accuses Citadel Securities of Stablecoin SabotageTerraform Labs, the bankrupt Singaporean blockchain firm, is pointing fingers at American market maker Citadel Securities, alleging that it played a role in an orchestrated effort to destabilize Terraform’s TerraUSD (UST) stablecoin back in May 2022.In its pursuit of justice, Terraform Labs has now called upon the United States District Court in the Southern District of Florida to compel Citadel Securities to furnish vital documents concerning their trading activities during that critical period, when the stablecoin underwent a depegging crisis, now referred to as TerraUSD Classic (USTC).Photo by Tingey Injury Law Firm on UnsplashAllegations of intentional destabilizationThat’s according to a motion filed by Terraform in the United States District Court in the Southern District of Florida, earlier this week. As alleged by Terraform Labs, the catastrophic depegging event in May 2022, which saw UST plummet from $1 to a mere $0.02, was not solely due to inherent instability in the algorithm supporting the UST stablecoin. Instead, the firm contends that it was a result of the deliberate and collaborative actions of specific third-party market participants who engaged in “shorting” to trigger the depegging.Terraform stated in its motion:“Movant [Terraform] contends that the market destabilization that occurred did not result from instability in the algorithm underlying the UST stablecoin. Instead, Movant contends that the market was destabilized due to the concerted, intentional effort of certain third party market participants to ‘short’ and cause UST to depeg from its one dollar price.”The motion also alludes to “publicly available evidence” hinting at Citadel’s intention to short the stablecoin at the time of the depegging event. In particular, it references a Discord channel chat screenshot where a pseudonymous trader purportedly had a conversation with Citadel head Ken Griffin. Griffin allegedly remarked:“They were going to Soros the f*** out of Luna UST,” seemingly drawing a connection to George Soros’ trading strategies, which often involve highly leveraged, one-way bets.Citadel refuted allegations previouslyNotably, Citadel Securities has previously refuted allegations of trading the TerraUSD stablecoin in May 2022, according to Forbes.In its motion, Terraform refers to the importance of these documents for its defense in a lawsuit filed by the US Securities and Exchange Commission (SEC) in February. The SEC lawsuit alleges that Terraform Labs and its founder, Do Kwon, played a significant role in orchestrating a multi-billion dollar cryptocurrency securities fraud.The motion concludes with Terraform arguing that its defense would be substantially hampered if Citadel Securities were to successfully withhold the requested information. In the event that the court fails to compel Citadel, Terraform has requested that the matter be transferred to the US District Court for the Southern District of New York.The matter has been the subject of debate within the crypto community in recent months. In May a community member stated:“As I’ve been saying. People blamed Citadel et al. This was nothing but a rug pull. Wake up. Do Kwon says the dissolving of Terraform Labs in Korea days before the $LUNA and $UST crash is ‘purely coincidental.’”With the matter now being raised in the courts, it looks like the legal system will be the final adjudicator regarding the issue.

news
Web3 & Enterprise·

Sep 07, 2023

Experts Gather at KBW 2023 to Explore the Future of Blockchain and Web3

Experts Gather at KBW 2023 to Explore the Future of Blockchain and Web3Blockchain and Web3 experts from around the world gathered at the Shilla Hotel in Seoul on Tuesday and Wednesday to attend Impact, the main conference of Korea Blockchain Week (KBW) 2023. There, they shared insights on the challenges faced by the blockchain industry as well as future prospects, especially their anticipation for South Korea’s role in shaping the industry’s landscape.Photo by Terren Hurst on UnsplashCurrent challengesAmong these experts was Sid Powell, CEO and Co-founder of Maple Finance; Stephen Richardson, Managing Director of Financial Markets and Head of the Asia Pacific region at Fireblocks; and Kelvin Koh, Co-founder and CIO at Spartan Group, who discussed the opportunities presented by bridging traditional finance with decentralized finance (DeFi) during a panel session on Wednesday.They mentioned the recent trending decline in DeFi transactions among institutional investors, which can be attributed to the DeFi industry’s fragmented infrastructure that can be difficult to understand. In order to rekindle investor confidence and interest, the industry must consider the integration of infrastructure and highlight the advantages of DeFi such as low costs, transparency, and liquidity to showcase its potential for financial gain.In a fireside chat on the same day, Jeremy Allaire, Co-founder and CEO of global fintech company Circle, acknowledged yet another mounting challenge facing the industry — the mass adoption of blockchain technology and Web3. However, the solution to this roadblock is not far out of reach, he said. Allaire predicted that by 2025, most cryptocurrencies, including stablecoins — cryptocurrencies that are pegged to a commodity or fiat currency to maintain a stable price — will have a legal foundation, thus paving the way for mass adoption.Suk Hwan Paul Kim, CEO and Vice Chairman of Grip Labs, and Archie Ravishankar, CEO of Cogni, also said that implementing user-friendly services and institutional entry will be a key strategy for persuading Web2 users to transition to Web3 platforms and encouraging mass adoption.Outlook for KoreaMeanwhile, several key figures expressed positive hopes for the pivotal role that Korea will play in the development of the Web3 ecosystem. In particular, Polygon Labs co-founder Sandeep Nailwal and COO Michael Blank pointed out that Korean companies, especially those in the gaming industry, are open to applying Web3 technology to their business projects, thus accelerating next-generation innovation in various fields like gaming, social media, and entertainment. Indeed, Polygon Labs’ own Korean partner firms recognize that the future of the Internet will rely on blockchain technology.In order to build a solid Web3 ecosystem, they said, three core values are of utmost importance — privacy, transparency, and openness. Fostering an environment that users can trust while freely interacting with others is the key, and Polygon Labs has vowed to contribute to doing so.Notably, Commissioner Caroline D. Pham of the US Commodity Futures Trading Commission (CFTC) was also in attendance, where she shared her thoughts on the proper regulation of virtual assets. She stated that it is essential to apply the safety measures we have learned from the past century of financial history to the future cryptocurrency industry, cautioning against a one-sided view that virtual assets are inherently bad.In drawing a comparison between the US and Korea, she stated that although the US possesses strong technical capabilities and is gradually adopting a more positive perspective on virtual assets, Korea is still ahead by a decade due to the fact that the general public is more open to embracing emerging technologies. Therefore, the future partnership between the US and Korea could offer valuable insights, not only in terms of economic prosperity but also in legal and regulatory aspects.

news
Web3 & Enterprise·

Dec 28, 2023

Bithumb surpasses Upbit in 24h trading volume for first time in four years

The trading volume of South Korean cryptocurrency exchange Bithumb exceeded that of its competitor Upbit as of 10:30 a.m. UTC on Wednesday, as reported by the local news outlet Etnews, which cited data from CoinMarketCap. This shift occurred for the first time in four years. According to CoinMarketCap, as of the specified time, Bithumb's 24-hour trading volume reached KRW 4.93 trillion (approximately $3.8 billion), surpassing Upbit, which recorded a volume of KRW 4.37 trillion. Until 2019, Bithumb was the leading exchange in Korea. However, it ceded its top position to Upbit, which gained a competitive edge through its collaboration with the internet-only bank, Kbank.Photo by Pierre Borthiry - Peiobty on UnsplashZero trading fees and new crypto listingsEarlier in the year, Bithumb initiated a strategic plan with the objective of boosting its trading volume in order to increase its market share in the domestic market to 25%. To achieve this goal, the exchange implemented several key initiatives. One of the significant steps taken was the elimination of trading fees, aimed at attracting more users and increasing transaction volumes. Additionally, Bithumb broadened its cryptocurrency offerings by listing prominent cryptocurrencies such as Tether (USDT) and WEMIX.Questioned sustainability of strategiesIn anticipation of crypto winter giving way to crypto spring, trading platforms are gearing up for more intense competition to increase their market shares. However, there are concerns about the sustainability of strategies like implementing zero trading fees. Critics argue that such policies, while they may temporarily shift market shares, are unlikely to be successful in the long term. This skepticism is largely due to the fact that cryptocurrency exchanges heavily rely on trading fees as a primary source of revenue.  An industry expert has pointed out that unless the cryptocurrency exchanges currently lagging behind develop innovative, paradigm-shifting strategies capable of significantly impacting the market landscape, there's a high likelihood that the ranking order will revert to the previously established, entrenched market order.  In fact, at the time of this publication, Upbit upended Bithumb in 24-hour trading volume, recording KRW 4.4 trillion compared to Bithumb's KRW 3.2 trillion. This data underscores Upbit's strong position in the market, illustrating its continued dominance.

news
Loading