Top

Bankruptcy Judge Permits Terraform Labs to Subpoena FTX

Policy & Regulation·August 02, 2023, 1:49 AM

In a significant development in the bankruptcy case of defunct crypto exchange FTX, a judge has granted Singapore-based Terraform Labs the authority to subpoena information related to its ongoing case brought by the United States Securities and Exchange Commission (SEC).

Photo by Bermix Studio on Unsplash

 

Hack allegations

Terraform Labs, the blockchain company that developed the Terra blockchain and failed US dollar stablecoin UST, claims that the failures of its algorithmic stablecoin and governance token were the result of an attack from short-sellers, possibly involving Alameda Research (FTX’s sister company).

The order, issued by Judge John Dorsey on Monday, allows Terraform Labs to serve subpoenas to FTX Trading and FTX US, aimed at collecting evidence to support its defense against the SEC’s allegations of fraud. According to court filings, lawyers representing the FTX Debtor have not formally objected to the court order.

Terraform Labs’ request for subpoena power stems from its belief that short-sellers connected to FTX entities played a role in the failure of the algorithmic stablecoin and governance token, leading to the collapse of the crypto firm. The ability to obtain information from FTX through the subpoenas could be crucial in bolstering Terraform Labs’ defense against the SEC’s fraud charges.

 

UST collapse fallout

The collapse of the UST stablecoin in 2022 contributed to a major market crash, resulting in a significant drop in the prices of many tokens. As a result, the company filed for bankruptcy in November 2022. The Co-Founder of Terra, Do Kwon, is currently serving a four-month sentence in a Montenegrin prison for using false travel documents. He may also face extradition to the United States or South Korea on fraud charges related to Terraform Labs.

 

Motion to dismiss denied

In a separate high-stakes ruling, US District Judge Jed Rakoff denied Terraform Labs’ motion to dismiss the securities fraud lawsuit filed by the SEC. The judge’s decision allows the SEC’s case against Terraform Labs and Do Kwon to proceed, rejecting defense arguments that the agency lacked jurisdiction and that Terraform’s TerraUSD stablecoin did not qualify as an unregistered security.

Judge Rakoff’s ruling is a significant victory for the SEC as it intensifies its enforcement actions against crypto companies involved in allegedly unlawful token sales. He found the collapse of TerraUSD, which lost its dollar peg and incurred a $40 billion loss last year, plausible as a reason to consider the token as a security that should have been registered.

Moreover, Rakoff dismissed Terraform’s claim that the SEC lacked the authority to regulate stablecoins without explicit Congressional authorization, asserting that the crypto industry was significant enough to warrant application of the “Major Questions Doctrine.” This doctrine limits agency overreach into major political issues but does not apply to the crypto asset markets.

The judge also rebuffed Terraform Labs’ attempts to draw parallels between the Ripple case and its own. In the Ripple case, a different judge ruled that Ripple’s XRP token sales to retail investors did not violate securities laws due to the manner of purchase on secondary markets. Rakoff firmly stated that such distinctions did not apply under the legal Howey test governing whether crypto assets qualify as securities.

More to Read
View All
Web3 & Enterprise·

Jun 20, 2025

Lion Group secures $600M facility to fund HYPE token treasury

Lion Group Holding Ltd (LGHL), a Nasdaq-listed financial services firm that provides an all-in-one platform for traders, has announced that it has secured $600 million to fund a Hyperliquid (HYPE) treasury. In a press release published by PR Newswire on behalf of the firm on June 18, the company outlined that a $600 million funding facility has been put in place by ATW Partners, a New York-headquartered investment firm that manages a number of private equity funds. Global investment bank Chardan Capital acted as the placement agent in facilitating the funding, with the first closing of $10.6 million, as per the subscription agreement.Photo by Towfiqu barbhuiya on UnsplashCorporate treasury strategyLion Group will use that money to launch a new corporate treasury strategy built around Hyperliquid’s HYPE token. Hyperliquid is a decentralized exchange (DEX) which was created by Hyperliquid Labs, a startup founded by Jeff Yan.  The HYPE token is the native token of the Hyperliquid platform. It’s used to secure the network through staking and for project governance. The token is also used to provide transaction incentives, while the Hyperliquid platform buys back HYPE tokens using trading fee revenues. Lion Group’s platform offers its users access to contract-for-difference (CFD) trading, total return swap (TRS) trading, over-the-counter (OTC) stock options trading, while also acting as a futures and securities brokerage. Up until 2022, the firm was based in Hong Kong, opting to relocate to Singapore at that point. Primarily, the company serves corporate clients, individual professional investors and retail investors located in China and throughout the Southeast Asian region. Future of trading is on-chainIn explaining its rationale for pursuing a HYPE treasury strategy, the company’s CEO, Wilson Wang, stated: “Hyperliquid represents a natural extension of LGHL's existing derivatives business into decentralized markets, and reflects our conviction that decentralized on-chain execution is the future of trading." Going forward, the company will pursue a strategic accumulation of HYPE, with the token serving as the firm’s primary reserve asset. In addition to HYPE, Lion Group outlined that it may also allocate funds to purchase Solana (SOL) and Sui (SUI), with these tokens to be staked and custodied with institutional-grade digital asset custodian, BitGo. Lion Group asserted that both of these assets would form “key pillars” of a treasury strategy “focused on execution-first protocols.” Wang added that the company views “protocols like HYPE, with decentralized sequencing, as foundational to building scalable DeFi systems.” The company is not the first mover in terms of launching a HYPE-based corporate treasury. On June 17, Eyenovia, Inc. (EYEN), a Nasdaq-listed ophthalmic technology firm, announced that it had entered into a securities purchase agreement with a view towards financing a $50 million HYPE treasury. Additionally, the firm plans to change its name to Hyperion DeFi and its stock ticker to HYPD later this week to reflect its new HYPE-based reserve strategy. Shares in Eyenovia closed at $4.83 on June 18, down 30.7% over the course of 24 hours. Lion Group shares closed at $3.33, up 19.78%.

news
Web3 & Enterprise·

Aug 28, 2023

Infinite Block Receives Certification for Information Security Management System of Blockchain…

Infinite Block Receives Certification for Information Security Management System of Blockchain PlatformSouth Korean blockchain fintech company Infinite Block announced on Monday that it has obtained ISO 27001 certification for the information security management system of its upcoming blockchain platform from Lloyd’s Register Quality Assurance (LRQA), a UK-based global assurance provider.Ramping up information securityISO 27001 is an international standard established by the International Organization for Standardization (ISO) for managing information security. It enables companies and organizations to establish a system that manages information security, cybersecurity, and privacy protection, thereby proving to their customers and partners that they protect important and personal data.Photo by Towfiqu barbhuiya on UnsplashThis latest development comes after the company recently received approval from the Korean Financial Services Commission to function as a virtual asset service provider (VASP), becoming the 37th entity to do so in Korea.“Although we are still a fledgling startup, we have made consistent efforts to establish an information security management system since our inception,” said Jeong Gu-tae, CEO of Infinite Block. “This certification is a testament to our dedication.”Comprehensive blockchain platformInfinite Block is currently developing a blockchain platform set to be launched soon that offers integrated support for virtual asset custody services, including transferring, storing, and managing virtual assets. It also supports various blockchain mainnets and tokens, including Bitcoin, Ethereum, Klaytn, Tezos, Polygon, and Avalanche.“We will continue to enhance and improve our information security system to further solidify user trust,” CEO Jeong added.

news
Web3 & Enterprise·

Jan 24, 2024

Korea ST Exchange forms partnership with Finhaven to bolster South Korean security token industry

Korea ST Exchange, an enterprise founded by financial experts for the management and support of security tokens, has signed a business deal with Canadian fintech company Finhaven to revitalize the South Korean security token industry, according to an article published by local news outlet Financial News on Wednesday (KST).Photo by Medienstürmer on Unsplash"Through our collaboration with a global company like Finhaven, we expect to expand and revitalize the local security token ecosystem," said Cho Won-dong, CEO of Korea ST Exchange. "We plan to do our best to create a platform where domestic investors can invest in various products more safely and conveniently." Revolutionizing security token managementFounded in 2017, Finhaven is a Canadian government-approved blockchain platform operator that simplifies the process of managing, issuing, trading and tracking security tokens and digital assets. Meanwhile, Korea ST Exchange has been building a platform for security token trading brokerage that prioritizes investor protection based on relevant legal regulations. Fostering global expansionUnder their agreement, Finhaven and Korea ST Exchange vowed to work together on several fronts. This includes supporting Asset Alliance members in their efforts to issue and distribute security tokens overseas. The Asset Alliance is a functional group created by Korea ST Exchange to accelerate the South Korean security token market while monitoring legal developments in the management of such assets. Conversely, the firms will also support overseas operators in the issuance and distribution of security tokens in the South Korean market. They have also agreed to exchange information and networks and converge their respective platforms to distribute security tokens and tokenized securities. The partnership is mainly an active effort on the part of Korea ST Exchange to help holders of promising underlying assets issue and distribute security tokens overseas since legislation for token securities is not yet in place in South Korea. Once this legislation is established, the enterprise then plans to aid foreign issuers in distributing security tokens in South Korea, enabling domestic investors to look into promising global products.

news
Loading