Top

Do Kwon Loses Fight to Conceal Singapore Records

Policy & Regulation·April 20, 2023, 6:00 AM

Do Kwon, the founder of Terraform Labs has failed in his attempt to deny the United States’ Securities and Exchange Commission (SEC) from accessing company records in Singapore.

chess figures
©Pexels/George Becker

In February, the SEC filed a complaint against Terraform Labs and its founder in a US court. The move followed an investigation that the agency had carried out into the collapse of a number of digital assets established by the company. The lawsuit claims that both the company and Do Kwon had engaged in fraud, together with the sale of unregistered securities to US citizens.

 

Jurisdictional challenge

Lawyers for Do Kwon had claimed that in trying to access documents related to the Singapore-domiciled company, the SEC was acting far beyond its jurisdiction. According to court filings, his defense team argued that Do Kwon is a Singapore resident while Terraform Labs is a Singapore-based company that operates on a global basis and not specifically in the United States.

The filing pointed to the fact that the Terraform Labs CEO had “limited contact with the US.” “Most of the company’s business is essentially global, and it’s not specifically aimed at the United States,” it stated.

His lawyers had filed a request for the SEC to withdraw its documentation request. In a recent hearing, US District Judge Jed Rokoff turned down Terraform’s request. The documents are understood to be held by the Monetary Authority of Singapore (MAS) although the specific nature of the documentation sought remains unclear.

The SEC claims that in founding the Terra US dollar stablecoin (TUSD) and associated cryptocurrency LUNA, Terraform Labs and Do Kwon were responsible for wiping out more than $40 billion dollars in value following their collapse. The Luna Foundation Guard (LFG), which was established to provide funds to keep the TUSD stablecoin at a $1 value, is another entity that the SEC intends to access documents from with the court’s permission. Singaporean police had stated last month that they had launched an investigation into the collapse of the TUSD stablecoin.

Meanwhile, both the South Korean and US authorities are seeking the extradition of Do Kwon to face related charges. He was arrested last month in the southeastern European country of Montenegro where he was charged with having used forged documentation to enter the country. Although he had denied it on social media, in effect Do Kwon had been on the run from the reach of South Korean authorities over the course of a number of months, spending a portion of that time in Montenegro.

 

Asset hunt

An investigation by authorities in South Korea in recent weeks revealed that they were unable to find any assets held in the country owned by the Terraform Labs founder. The trail in chasing down any such assets has led to the United States. It is understood that Do Kwon bought real estate in the United States under his mother’s name. This is a common tactic for those who attempt to evade future confiscation of assets.

Earlier this week, South Korean prosecutors confirmed that they are investigating a transfer of funds by Do Kwon to a leading law firm based in Seoul.

More to Read
View All
Markets·

Mar 14, 2024

DB Insurance and KISA recruit blockchain insurtech startups for incubation program

South Korean insurance companies, DB Insurance (DB) and DB Life Insurance (DB Life), are hosting the 2024 InsurTech Startup Incubation Program (ISIP) in collaboration with Korea Internet & Security Agency (KISA), local media Daily Korea reported.  Insurtech is a compound word of insurance and technology. This year, the ISIP focuses on recruiting blockchain-based insurtech startups with high potential that can contribute to the insurance business value chain, including activities such as product launch, marketing and customer service. The program is open to any insurtech startup with innovative technologies and services. Photo by Tierra Mallorca on UnsplashLaunched in 2020, the ISIP has been supporting insurtech startups with innovative ideas to expand their business in the insurance industry, aiming to create a robust and collaborative insurtech ecosystem. Over the past four years, the program has served as a mentor for 21 startups, supporting their product release, new technology verification and business pivoting.  Business growth opportunity for insurtch startups Startups selected for the ISIP are provided with the opportunity to receive mentorship – including mentoring services from insurance experts, business strategy advice and IR pitching coaching sessions – that will help facilitate their business growth.  In addition, selected startups will be eligible to apply for surety credit to the Korea Credit Guarantee Fund on favorable terms and gain opportunities to raise funds from venture capitalists. Those deemed profitable enough for commercialization will be able to have a chance to collaborate with DB and DB Life.  Application forms are available on the KISA’s website and can be submitted via e-mail between Feb.27 to March 27. Applicants should undergo document screening and a presentation test to join the ISIP.  

news
Policy & Regulation·

Jan 03, 2024

Philippine central bank tightens rules on crypto transfers

In a move to enhance the oversight of cross-border wire transfers involving virtual assets, Bangko Sentral ng Pilipinas (BSP), the central bank of the Philippines, is fortifying the implementation of regulations relative to crypto transfers.Photo by C Bueza on UnsplashTravel rule clarificationsLocal news outlet, the English language newspaper The Philippine Star reported that central bank memorandum 2023-042 provides clarifications on the travel rule for virtual asset service providers (VASPs). The travel rule requires financial institutions to pass on information to the next institution where a transaction takes place. The BSP aims to bring greater clarity to several aspects, including the applicability of the P50,000 transaction threshold and expectations regarding transactions involving jurisdictions without travel rules. Additionally, further interpretation is being provided concerning the extension of the Philippine travel rule to non-custodial VASPs and regulatory expectations surrounding transactions with unhosted wallets or crypto wallets controlled directly by their owners, rather than managed by third-party service providers. FATF compliance ambitionThis regulatory move is in response to the directives from the Paris-based Financial Action Task Force (FATF). In 2021 the Philippines came under greater scrutiny from the intergovernmental organization, when it was included on its "gray list," making it a candidate for increased monitoring. The FATF has called upon the Philippines to establish guidelines for the travel rule to prevent terrorists and criminals from exploiting virtual asset transfers for the unrestricted movement of their assets and to detect and prevent misuse effectively.BSP-supervised financial institutions (BSFIs) are now mandated to scrutinize specific details of virtual asset transfers, including the originator's name, account number used in the transaction, originator's physical address or national identity and the beneficiary's name and account number. International moves towards complianceThis latest move by the Philippine central bank is not unusual. In recent months, a plethora of similarly motivated central banks around the world have tightened up on crypto regulation as it relates to the FATF directives. Being on the FATF's "gray list" is bad for a country’s reputation. It has the potential to result in loss of investor confidence and lead to higher compliance costs and greater monitoring. Additionally, it may have an impact on trade relations and damage a country’s ability to access international finance.  Turkey has also found itself on the organization’s gray list. Working towards repairing that situation, Turkey is in the process of establishing a crypto regulatory framework that will be FATF compliant.In May, Pakistan went a step further in banning cryptocurrency. At the time, its Minister of State for Finance and Revenue, Aisha Ghaus Pasha, stated that the ban had been a requirement for Pakistan’s removal from the FATF gray list. A tightening of crypto regulations has also occurred in the United Arab Emirates (UAE) and in Hong Kong more recently, as those territories work towards ensuring FATF compliance. The BSP emphasizes that transactions not surpassing the P50,000 threshold or its equivalent in foreign currency must include the names and account numbers of both the originator and beneficiary. Both originating and beneficiary VASPs are required to establish and adhere to robust sanction screening procedures, ensuring compliance with sanctions lists and preventing transactions involving sanctioned individuals, entities, or jurisdictions.

news
Web3 & Enterprise·

May 23, 2023

TON Foundation $250M Accelerator Fund Launch

TON Foundation $250M Accelerator Fund LaunchThe team behind The Open Network (TON) layer one blockchain has launched a $250 million fund to promote and incentivize development on the network.The Dubai-headquartered TON Foundation, the community managing the TON/Open Network blockchain project, provided details of the program via social media on Monday.Photo by Ibrahim Boran on UnsplashBoosting ecosystem projectsThe $250 million fund is aiming to boost key TON ecosystem projects, with a particular focus on DeFi. The TON Foundation is already canvassing projects to participate and apply for funding.Successful applicants will be offered between $50,000 and $250,000. The scheme goes beyond funding. Projects will also get to avail of mentorship from partners like GotBit, a consulting service targeted at blockchain start-ups. Growth advisory firm Web3Port will also be available to successful candidates in that mentorship role.UAE-based multi-strategy crypto investment firm Cypher Capital will also be at the disposal of the TON-based start-ups, while they will also have the ability to access the Tonstarter launchpad. Additionally, the scheme features participation from East Asia, with South Korea-based Boom Labs, an incubator for Web3 developers, lending its support.Justin Hyun, Head of Incubation and Growth at the TON Foundation, had this to say about the development:“This is the beginning of many different incubators which will be supported in the future. Funding forms part of our local hubs rollout strategy and our ecosystem will work to attract new developers as well as successful repeat founders, based across a variety of key global locations.”$25M funding in first yearFunding will be allocated from the TONcoin.Fund, a $250 million TON syndicate which invests in teams and projects that build on The Open Network. In the first year of the program, $25 million will be allocated.Bill Qian, Chairman of Cypher Capital, said that the program “is unique within the Web3 universe today.” “TON Accelerator Program is taking the well-known incubator principle from the Web2 ecosystem, refining it, and evolving it by incorporating the best practices of Web3 protocols and methodologies,” he added.DoraHacks Hack-a-TONxIn its announcement the TON Foundation outlined its intention to select the first successful projects from those who took part in the DoraHacks Hack-a-TONx. Hack-a-TONx was a two-month-long hackathon, put together by the TON Foundation in coordination with global hackathon organizer and multi-chain Web3 developer community, DoraHacks.Submissions are being accepted by the TON Foundation from projects that have built on TON, who already have a minimum viable product (MVP). Although originally promoted by the makers of the Telegram messaging app, since 2020, TON has harnessed the TON Foundation to develop the project as a community-run and community-led open source initiative.The African nations of Cameroon, the Democratic Republic of the Congo, and the Republic of Congo have all expressed an interest in adopting the TON blockchain. Earlier this month, the TON Foundation entered into a partnership with the Seychelles-based BIT crypto exchange. That collaboration will see BIT accepting TON tokens from its users for the payment of trading fees, with discounts offered to the exchange users who opt to pay using TON.

news
Loading