Philippines Regulator Collaborates with US Counterpart to Tackle Crypto Fraud

SEC Opposes Motion to Dismiss Terraform Labs LawsuitLawyers representing the United States Securities and Exchange Commission (SEC) have responded to a motion to dismiss the lawsuit filed by Dentons, the lawyers representing Singapore-based Terraform Labs and its Founder Do Kwon.Photo by Miguel Á. Padriñán on PexelsCourt filingAccording to its arguments, set out in a court filing lodged to the District Court of the Southern District of New York on Thursday, the SEC’s counsel claims that the additional documents provided by Dentons lack sufficient grounds for dismissing the case.It claims that the internal SEC emails presented by Dentons are irrelevant to the current lawsuit. The SEC asserts that the parameters of an “investment contract” are clearly defined by the Howey test and argue that TerraUSD ($UST) should be classified as a security.The reliance by US regulators on the Howey test, a legal test case that implicated citrus grove contracts that date back to 1946, has proven to be controversial. Naturally, there could have been no consideration of the digital innovation that digital assets present today almost eighty years ago. Notwithstanding that, the SEC maintains that the principle factors of what constitutes an investment contract are covered by the case regardless.During the court hearing held on June 15, Dentons submitted supplementary documents to strengthen their motion to dismiss the lawsuit. The primary focus of the hearing was to determine whether the digital assets developed by Terraform Labs should be categorized as securities based on the criteria of an “investment contract.”Dentons maintains that the algorithmic stablecoin, $UST, should not be considered a security and emphasizes its practical purpose rather than its classification as an investment contract. To support their motion, Dentons included additional documents such as the US House Financial Services Committee hearing on digital asset regulation and stablecoin issuance, the SEC’s request for a restraining order against Binance.US, and the Hinman emails from the SEC vs. Ripple lawsuit.Judge to decideThe defense lawyers highlighted what they perceive as a “regulatory gap” in classifying crypto assets as securities, particularly as the US Congress engages in discussions about regulatory frameworks for digital assets and stablecoin issuance. Furthermore, they argued that the SEC is exceeding the scope of securities laws and relying on internal emails related to “investment contracts” to determine the security status.A decision on the motion to dismiss will be arrived at by July 14. Judge Jed Rakoff, who is presiding over the case, will be responsible for that, once he’s weighed up the merits of the arguments presented by both parties.It is noteworthy that Dentons has previously represented Kwon in challenging the US SEC’s subpoena during the investigation of the Mirror Protocol in 2021, as well as in a class-action lawsuit in the Singapore High Court in 2022. The law firm also provides representation to Terraform Labs in other legal matters.In a separate development, the Basic Court in Podgorica, Montenegro, has granted bail for Kwon and former Terra Chief Technology Officer Han Chang-joon. However, Kwon has recently been taken into custody for extradition in Montenegro while the court deliberates on South Korea’s extradition request for the Terra founder.As the legal proceedings continue, the outcome of the motion to dismiss will have significant implications for the ongoing dispute between Terraform Labs, Do Kwon, and the SEC.

Shinhan Bank to issue NFTs at 2023 Blockchain Grand Week in SeoulShinhan Bank, one of South Korea’s leading financial institutions, is set to issue non-fungible tokens (NFTs) and operate a promotional booth in celebration of its participation in the upcoming 2023 Blockchain Grand Week, scheduled for next Wednesday, according to a report by local news outlet Newspim.The Blockchain Grand Week, an annual event since 2018, is hosted by the Ministry of Science and ICT and organized by the Korea Internet and Security Agency (KISA), the National IT Industry Promotion Agency (NIPA) and the Institute of Information and Communications Technology Planning and Evaluation (IITP). Its objectives are to increase public awareness of blockchain technology and to facilitate the broader adoption of its ecosystem.Photo by Pete Linforth on PixabayNFTs to first 2,000 visitorsThe event is set to take place at the Convention and Exhibition Center, better known as COEX, in Seoul over two days. It will feature a conference centered around the theme “Adding Trust to Digital Platforms” and will include several academic seminars. Various blockchain companies will also be showcasing their products and services at their respective booths. For this event, Shinhan Bank is collaborating with Hexlant and Vircle to introduce their NFT project. They also plan to offer NFTs to the first 2,000 visitors to their booth.The NFTs will be distributed through Shinhan Bank’s NFT wallet, SOL Wallet, and will come with practical perks such as tickets for events at the booth and coffee coupons. Furthermore, these NFTs will be transferable to others.A representative from Shinhan Bank expressed hope that visitors will have the opportunity to experience the bank’s NFTs and gather diverse information related to blockchain technology. The official also emphasized the bank’s commitment to continually developing and introducing blockchain services that can be integrated into customers’ daily lives.Shinhan Bank’s endeavors in blockchainShinhan Bank’s efforts in the blockchain sector have been marked by various accomplishments in recent years. In 2021, the bank received the Ecosystem Transformation Award at the Enterprise Blockchain Awards, now known as the Web3 and Blockchain Transformation Awards (W3B Awards). This January, Shinhan integrated the SOL Wallet service into its financial services application. The bank remains dedicated to spearheading client-centric blockchain initiatives, one such effort being the development of NFT technology in collaboration with Hexlant and Vircle for corporate marketing purposes.Prohibition on discussing virtual assetsMeanwhile, there has been some dissatisfaction among industry insiders regarding the event’s restrictions. Those operating booths are prohibited from mentioning virtual assets in their projects. The application form for booth holders explicitly stated that exhibitions related to virtual assets are not allowed. This cautious approach is believed to be a response to recent cryptocurrency scandals, such as the $40 billion Terra-LUNA crash and the controversy surrounding a Korean lawmaker’s crypto holdings.

Kyrgyzstani President Embraces Hydro-Powered Crypto MiningIn a move that signals the Republic of Kyrgyzstan’s growing interest in cryptocurrency mining, President Sadyr Japarov has given the green light to establish a crypto mining farm at a hydroelectric power plant within the Central Asian country.The ambitious project, set to be built at the Kambar-Ata-2 hydropower plant, has been allocated a budget of up to $20 million, as reported by Kyrgyzstan’s national news agency, Kabar, on Thursday.Photo by Collab Media on PexelsMore efficient use of powerThe primary motivation behind this endeavor is to address energy losses linked to non-utilized power from the Kambar-Ata-2 plant, which has been operational since 2010. According to President Japarov, approximately 6.8 billion kilowatt-hours (kWh) of energy have been wasted due to this issue. By harnessing the excess energy for cryptocurrency mining, the Kyrgyz government aims to optimize resource usage and bolster the country’s budget.President Japarov emphasized that the profits generated from the mining farm would directly benefit the people, particularly the power engineers who are responsible for the plant’s operations. He asserted that the earnings would be meticulously controlled and allocated, with complete automation and oversight.Energy grid challengesHowever, this recent decision appears to contradict the state of emergency announced by President Japarov in Kyrgyzstan’s energy sector on July 24. The emergency status, which will be in effect from August 1, 2023, until December 31, 2026, is attributed to climate challenges, insufficient water inflow into the Naryn River basin, and a lack of generating capacity due to escalating energy consumption.Despite these apparent contradictions, President Japarov affirmed that crypto mining at the hydro plant would be subject to the highest tariff in Kyrgyzstan, amounting to approximately 5 Kyrgyz soms ($0.057) per kW.As early as March 2022, Kyrgyz lawmaker Karim Khanjeza urged the government to legalize the cryptocurrency industry during a parliamentary committee meeting, citing the rapid expansion of the crypto space. Although Kyrgyzstan introduced some regulations for crypto exchanges in 2021, it has not yet enacted specific laws governing cryptocurrencies.The integration of hydro-powered crypto mining presents both opportunities and challenges for Kyrgyzstan. If executed strategically, the venture could harness underutilized energy to boost the national economy and provide benefits to the people.Learning from KazakhstanThat said, the Central Asian country would do well to pay heed to events that unfolded in neighboring Kazakhstan relative to crypto mining over the course of the last few years. Following a major crackdown on crypto mining activity in China, many miners upped and moved their operations to Kazakhstan. That sudden unplanned and unregulated upsurge destabilized the country’s power grid, forcing the government to crack down on mining. It has since regulated the activity in order to accommodate it without it having a detrimental effect on the energy grid.As developments unfold, Kyrgyzstan’s foray into cryptocurrency mining will undoubtedly be closely monitored by industry observers and stakeholders. President Japarov’s vision to distribute the earnings to ordinary citizens brings an element of promise to the project. Crypto mining can be a positive development for the country, leading to more efficient energy use, so long as the authorities plan accordingly.