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Terraform Labs civil trial proceeds with confidential filings

Policy & Regulation·December 23, 2023, 12:32 AM

Singaporean blockchain development firm Terraform Labs, the creator of the failed Terra blockchain protocol, has reached an agreement on a protective order in their ongoing civil case with the United States’ Securities and Exchange Commission (SEC).

Photo by Thomas Habr on Unsplash

 

Data shielded from public disclosure

The decision, sanctioned by the U.S. District Court Judge Jed Rakoff in the Southern District of New York on Wednesday, ensures that materials marked as confidential by the involved parties will remain shielded from public disclosure. The court is obligated to seal any discovery filings labeled confidential ahead of the trial.

Judge Rakoff conveyed his likelihood of denying requests to unseal these confidential documents, although the order did not delve into the specific rationale for maintaining their confidential status beyond citing “good cause.” The finalized agreement on this protective order took place on Dec. 18, with legal representatives from both the SEC and Terraform Labs, including co-founder Do Kwon, giving their consent. Kwon, presently detained in Montenegro, faces potential extradition to the United States or South Korea.

 

Pivotal moment

The depegging of Terraform’s stablecoin TerraUSD (UST) from the U.S. dollar marked a turning point in the cryptocurrency sector. This event is believed to have significantly contributed to the crypto market downturn in 2022, as it had a knock-on effect on countless other crypto businesses and platforms that were over-exposed to the flawed algorithmic currency.

That chain of events led to the SEC taking action after the fact. However, it has subsequently also pursued a much criticized “regulation by enforcement” policy relative to the crypto sector. To that end, the Commission has pending cases against Coinbase, Ripple, Kraken and Binance, among others.

In February, the SEC accused Terraform Labs and Do Kwon of conducting a multi-billion dollar crypto asset securities fraud by offering and selling unregistered securities. As proceedings have unfolded, both Terraform and the SEC have traded unsuccessful attempts to obtain summary judgment.

 

Far-reaching consequences

The ongoing SEC vs. Terraform civil case carries potential far-reaching consequences in terms of legal precedents within the cryptocurrency sector. In a separate ruling in August, the court allowed Terra to issue subpoenas to FTX entities as part of FTX’s bankruptcy proceedings. Judge Rakoff, in November, accepted confidential materials from Jump Crypto Holdings for discovery in this case.

Troubled crypto lender Genesis Trading has also been tangled up in the proceedings with the courts directing it to comply with a subpoena initiated by Terraform Labs. The outcome of this case is poised to offer essential legal guidance for numerous companies operating in the crypto space.

The SEC’s regulatory approach toward cryptocurrency firms in the United States has been subject to considerable debate and criticism. The commission’s alleged “regulation by enforcement” strategy, especially in dealings with major players in the crypto industry, has drawn accusations.

While many in the U.S. have been unhappy with “regulation by enforcement,” the upside is that over the longer haul, the courts will be able to eventually furnish the regulatory clarity that the SEC refuses to provide. The ongoing scrutiny of regulatory approaches and the outcomes of cases like Terraform Labs vs. SEC will undoubtedly shape the future legal landscape of the cryptocurrency industry.

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Policy & Regulation·

May 16, 2023

Japan Tops Crypto Losses to North Korean Hackers

Japan Tops Crypto Losses to North Korean HackersHackers affiliated with the North Korean regime have been responsible for the theft of $721 million in digital assets from Japan.That’s the finding of a recent report by UK-based crypto compliance analysis firm Elliptic. Elliptic had produced the report on behalf of Japanese news media group, Nikkei. It leaves Japan at the top of the table when considering the distribution of digital asset losses suffered due to North Korean hackers on a country by country basis.Photo by FLY:D on UnsplashIncreasing lossesElliptic has the wherewithal to track and identify blockchain-based transfers. As part of its analysis, it grouped by region and by country those businesses that it identified as having cryptocurrency holdings that later were transferred to digital wallets held by the Lazarus Group, the most notorious hacker group connected with the North Korean government. It’s the first such analysis to break down crypto-related hacking losses on a country by country basis.The study included a consideration of both hacking and ransomware attacks. The loss associated with Japanese-based entities represents in excess of 30% of the global recorded loss. This latest analysis follows a recent report submitted to the United Nations which found that North Korea stole more digital assets in 2022 than any other year. That report had been submitted to the 15 members of a North Korea sanctions committee, finding that between $630 million and $1 billion worth of digital assets had been stolen.Lax securityElliptic’s analysis and subsequent report point to lax security being employed within Vietnamese and Japanese cryptocurrency marketplaces. Nikkei referred to an unnamed source who asserts that at least three Japanese cryptocurrency exchanges had been compromised by hackers between 2018 and 2021.One of those instances involved Zaif, a company that lost $51.4 million in 2018 and subsequently shut down operations. Overall, Elliptic estimates a global loss of $2.3 billion to hackers between 2017 and 2022 in digital assets, as suffered by crypto firms. It also estimates such losses suffered in the United States at $497 million, while Hong Kong-based losses have been calculated at $281 million.International responseIn April, the Office of Foreign Assets Control (OFAC) within the Department of the Treasury in the United States stated that it had sanctioned two Chinese nationals and a Hong Kong British national for allegedly having aided the North Korean government in crypto money laundering activities.On Saturday, a joint statement was issued by the Group of Seven finance ministers and central bank governors, following a meeting in Japan, outlining the “growing threat from illicit activities by state actors.” It’s widely believed that the proceeds of these hacks are contributing towards the funding of North Korea’s missile program and other such activities that threaten stability within the region.The Japan External Trade Organization (JETO) has estimated that the estimated $721 million stolen from Japan amounts to 8.8 times the value of North Korea’s exports in 2021.

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Policy & Regulation·

Jul 16, 2024

Hackers utilize social engineering, move funds through Cambodian platform

A couple of recent reports have revealed how North Korean hackers have been moving funds to a Cambodian crypto payments platform while further insight has come to light with regard to how these hackers are compromising crypto companies. Huoine PayOn July 15, Reuters reported that Cambodian currency exchange and payments firm Huione Pay had received in excess of $150,000 in digital currency from a wallet associated with notorious North Korean hacking group Lazarus. Analysis of blockchain data demonstrated that the funds had been received by the Phnom Penh-headquartered payments firm in June 2023 and February 2024. Photo by allPhoto Bangkok on Unsplash‘Pig butchering’It’s understood that Lazarus stole those digital assets from three crypto firms during the months of June and July of 2023. While Huione has suggested that it was oblivious to the origin of the funds, a blog article by blockchain analytics company Elliptic, published to its website on July 10, suggested that “Huione Guarantee is an online marketplace that has become widely used by scam operators in South East Asia.”  Elliptic went on to assert that some of these scammers employ “pig butchering” techniques, where fraudsters manipulate the victim into investing into fraudulent crypto schemes. It added that “merchants on the platform offer technology, data and money laundering services, and have engaged in transactions totaling at least $11 billion.” The National Bank of Cambodia explained to Reuters that the company is not permitted to trade crypto and that it "would not hesitate to impose any corrective measures" against Huione. The platform is believed to have strong ties to Cambodia’s ruling family. One of the firm’s three directors is understood to be a cousin of the Cambodian Prime Minister, Hun Manet. The Lazarus hacking group is believed to have masterminded a $305 million hack of Japanese cryptocurrency DMM Bitcoin in May of this year. Pseudonymous on-chain investigator ZachXBT claimed on X that $35 million of the proceeds had been laundered through the Huione platform. Compromising crypto businessesIn a related development, a report by DL News published on July 15 has found that North Korean hackers are employing a new tactic in order to compromise crypto businesses. The hackers are scanning the internet for job postings advertised by the companies they’re targeting and submitting bogus applications. A report by the United Nations Security Council has revealed that in excess of 4,000 North Koreans have taken up employment with international technology firms. Part of the social engineering-based tactics employed by the hackers includes contriving to get employees within targeted companies to install malware.  Oftentimes, the resumes and LinkedIn profiles of real people are used in order to find a way in via the recruitment process. A report by DeFiLlama suggests that $664 million has been lost via instances of crypto hacking within the first half of 2024. 

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Web3 & Enterprise·

Sep 06, 2023

Korea Blockchain Week to Expand Online Next Year

Korea Blockchain Week to Expand Online Next YearFactBlock, the organizer of South Korea’s largest blockchain event Korea Blockchain Week (KBW) 2023, has unveiled its vision to bring KBW online, aiming to resolve information asymmetry and cater to a larger audience.Photo by Sergey Zolkin on UnsplashExpanding accessThe company’s CEO, Jeon Seon-ik, shared future plans to extend KBW’s reach to the digital realm during the event’s main conference, Impact, at the Shilla Hotel in Seoul on Tuesday. “Next year, we plan to implement online passes to enable people overseas who cannot attend the event in person to do so online,” he said.Growing popularityKBW has experienced continuous growth since its inception in 2018. Last year’s Impact conference attracted over 8,700 attendees, and this year’s event is expected to host more than 10,000. The number of speakers at Impact increased from around 140 last year to over 200 this year, while side events have also doubled.“As KBW grows every year, we are preparing for the event with a greater sense of mission,” Jeon said.This year’s KBW has also come back bigger than ever with events like The Gateway: Korea — an annual Web3 event held to celebrate the NFT community and digital artists — and the SEOULBOUND EDM festival, integrating a diverse range of realms like tech, art, and music.The driving force behind KBWNotably, Jeon also emphasized the importance of the blockchain community. He underscored that KBW’s planning and growth have been achieved with the help of the community and expressed a commitment to continue working closely with it. “We will always strive to make KBW an event with the community, by the community, and for the community,” he said.Jeon also mentioned FactBlock’s plans to provide communities with information on blockchains and virtual assets through its upcoming online platform Fablo, where these communities can learn, interact, and grow together.

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