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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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Web3 & Enterprise·

Nov 07, 2023

Roger Ver sues Matrixport over frozen crypto funds

Roger Ver sues Matrixport over frozen crypto fundsRoger Ver, often referred to as “Bitcoin Jesus,” finds himself embroiled in a legal dispute with Jihan Wu, the co-founder and chairman of Matrixport, a Singapore-based digital assets financial services platform.Photo by Tingey Injury Law Firm on Unsplash$8 million disputeThe crux of the matter is a contentious $8 million that Ver claims Wu withheld from him in connection with the fallout of the unrelated failure of the CoinFLEX crypto platform. This conflict has led to a lawsuit filed by Ver’s counsel in the Seychelles.The legal complaint, which originated last year, revolves around bit.com, a crypto exchange owned by Matrixport, refusing to allow Ver to withdraw his $8 million. Wu, a creditor of CoinFLEX, contends that he incurred financial losses due to the exchange’s restructuring.However, Ver asserts that the insolvency of CoinFLEX, an unrelated entity, should not be tied to the funds owed to him by Matrixport. Off the back of that assertion, Ver confirmed to The Block that in August 2022, he sued Smart Vega Holding Limited, a Seychelles-incorporated subsidiary company of Matrixport, for $8 million.Ver asserts CoinFLEX collapse innocenceRoger Ver maintains that he is not to blame for CoinFLEX’s collapse. He states that the narrative emerged due to breaches of confidentiality regarding the arbitration between CoinFLEX and himself. It emerged last month that creditors of CoinFLEX had taken legal action against its CEO, Mark Lamb, as well as Ver. It’s understood that Ver had benefited from a settlement negotiated with Lamb. Creditors are seeking to recover any benefit realized by Ver as a consequence of this settlement.Ver told Coindesk in an email that he initiated arbitration proceedings against CoinFLEX in June 2022, seeking $200 million in damages. He maintains he was the plaintiff in this case, not CoinFLEX, which later filed a counterclaim for $84 million.Confidentiality is a key aspect of arbitration proceedings, especially in Hong Kong where the arbitration took place. Despite this, it is alleged that Lamb broke this confidentiality, which led to the misrepresentation that CoinFLEX was the plaintiff in the case. Ver firmly believes that CoinFLEX’s insolvency was primarily due to market turmoil in May 2022 and poor risk management on the part of its co-founders.Matrixport standing firmWhile Matrixport does not deny withholding the cryptocurrency from Ver, it argues that Ver should repay his debt to CoinFLEX, which is a creditor of Ver. Once this is done, CoinFLEX will release monies owed to Wu.The dispute also touches on the terms of service. Matrixport maintains that it has the right to withhold funds for penalties related to defaulted margin calls and legal fees and it is committing significant legal resources to defend its position. Ver’s attorney counters this argument, stating that Matrixport’s terms of service do not permit such penalties and that there is no legal justification for withholding the funds.Matrixport claims that the funds are being held because of an investigation into Ver’s “margin trading irregularities.” The company’s Head of Public Relations and Brand, Ross Gan, said that Ver “continues to make unreasonable demands.” Gan added:“We will respect the legal process and the ultimate Court ruling on this case and reserve all our rights to take further legal action in this ongoing dispute with Mr. Ver.”

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Policy & Regulation·

May 09, 2024

Binance collaborates with Indian authorities to dismantle scam app

The Enforcement Directorate (ED) — an Indian law enforcement agency — seized 90 crores ($10.5 million) from an online scam app called E-Nuggets with the help of global crypto exchange Binance.  ED is the governmental law enforcement agency responsible for enforcing economic laws and with that, tackling economic crime. According to a report published by Indian English language daily newspaper The Hindu, the online gaming app E-Nugget had cryptocurrencies worth $10 million stored in 70 different crypto wallet accounts spread across the three crypto exchanges.  Local Indian exchanges ZebPay and WazirX also aided the ED in its investigations and subsequent actions. The ED contacted these exchanges to block the wallet addresses and transfer the crypto assets to the agency’s wallet. Photo by Naveed Ahmed on UnsplashCrypto assets seizedThe ED, tasked with upholding such financial crimes, spearheaded the operation against E-Nuggets, an online gaming platform masquerading as a legitimate investment opportunity. Taking to the X social media platform on April 30, the Indian law enforcement agency stated: “ED, Kolkata led a successful operation against a major “online gaming app scam” known as “E-Nugget”. The E-Nugget app, masqueraded as a gaming platform, promised users high returns on their investments. Crypto assets which were taken into possession of ED are transferred into Crypto Wallet of ED.” 70 wallets implicatedWith cryptocurrencies valued at $10 million spread across 70 different wallet accounts on three crypto exchanges, the agency swiftly took action. E-Nuggets enticed unsuspecting investors with promises of substantial returns through its purported gaming interface. However, once investments were made, the platform vanished into thin air, leaving users unable to recoup their funds. The ED's investigation revealed a complex web of deceit, with the agency seizing properties totaling over 163 crores ($19.5 million), comprising cash, cryptocurrency holdings, account balances and office spaces. The scam involved the funneling of funds into digital assets through 2,500 dummy bank accounts, resulting in the discovery of 19 crores ($2.2 million) in cash. A first information report (FIR) filed at the Park Street Police Station in Kolkata, became the catalyst that triggered the ED case that was subsequently registered under the provisions of India’s Prevention of Money Laundering Act (PMLA). Masterminded by Aamir Khan, who was apprehended alongside accomplice Romen Agarwal, the scheme operated under the guise of digital transactions, which, ironically, facilitated its unraveling. Law enforcement agencies adeptly traced, froze and seized the illicit funds as they moved through the digital realm. Public ledger upends scammersCritics often point to the potential for cryptocurrency to facilitate money laundering. However, the inherent transparency of blockchain technology presents significant obstacles to such illicit activities. Notably, in the infamous 2016 Bitfinex hack, where hackers absconded with 119,756 Bitcoin, the culprits were eventually apprehended in 2022 while attempting to launder the stolen funds. The collaborative efforts between Binance, the ED, and local exchanges points to a developing commitment towards combating financial fraud within the cryptocurrency space. This wasn’t the first occasion in which Binance had cooperated with law enforcement on such matters. In October of last year, the company got with the Thai authorities to assist them in crushing a crypto-related scam. By leveraging blockchain's transparency and international cooperation, authorities can effectively dismantle illicit schemes, safeguarding investors and upholding the integrity of the digital asset ecosystem.

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Markets·

May 26, 2026

Korea’s crypto market faces tax fight, trading slump, and USDT laundering crackdown

South Korea’s cryptocurrency industry is entering a politically sensitive stretch as investors, exchanges, and regulators confront a mix of tax uncertainty, shrinking trading volumes, and growing scrutiny over crypto-linked money laundering. At the center of the debate is the government’s plan to begin taxing crypto gains in January 2027 after three previous delays. Under the current plan, annual crypto profits exceeding 2.5 million won ($1,650) would be taxed at 22%. The framework was first formalized in 2020, but implementation was postponed several times amid concerns over investor protection, market readiness, and political resistance. According to the Hankyoreh newspaper, opposition has intensified after lawmakers scrapped the country’s financial investment income tax, which would have applied to gains from stocks and funds. Critics argue that taxing crypto while most retail stock investors remain exempt from capital gains tax creates an uneven playing field.Photo by Tara Winstead on PexelsCrypto tax petition advancesA public petition calling for the abolition of crypto taxation has already gathered more than 54,000 signatures, clearing the threshold for review by a National Assembly committee. The petitioner argued that the issue needs a full reconsideration, including the possibility of scrapping the tax altogether. The opposition People Power Party has also proposed legislation to abolish the crypto tax, saying it would be inconsistent to impose a separate income tax on crypto assets after eliminating the broader financial investment tax. The ruling Democratic Party, meanwhile, is expected to take up the issue more seriously after the June 3 local elections. The government says there has been no change to its position and that crypto taxation is still scheduled to begin next January. But it has ruled out, at least for now, any renewed discussion on the financial investment income tax, fueling claims that the tax system is treating crypto investors unfairly. The tax dispute comes as Korean crypto exchanges are already grappling with a steep drop in trading activity. Retail investors have been shifting money into equities, drawn by a strong KOSPI rally and momentum in chip and AI stocks, draining activity from the crypto market. According to CoinMarketCap data cited by ETNews, Upbit’s average daily trading volume in the first quarter stood at about $1.55 billion, down 38.8% from the second half of last year. Bithumb’s first-quarter daily average was roughly $647 million, a 44.4% drop over the same period. The decline continued after the first quarter. From Jan. 1 to May 20, Upbit’s average daily volume fell to about $1.38 billion, down 45.5% from the second half of 2025. Bithumb’s average dropped to about $600 million, widening its decline to 48.5%.That slowdown has hit earnings. Dunamu, the operator of Upbit, reported first-quarter operating revenue of 234.6 billion won and operating profit of 88 billion won ($58 million), down 55% and 78% year-on-year, respectively. Bithumb posted revenue of 82.5 billion won ($55 million) and operating profit of just 2.9 billion won ($2 million), down 57.6% and 95.8%, while swinging to a net loss of 86.9 billion won ($58 million). The structural problem is that Korean exchanges still rely heavily on retail spot-trading fees. Unlike major global exchanges, domestic platforms have limited room to expand into derivatives, institutional custody, stablecoin payments, and other higher-margin businesses. Rising compliance costs, including customer verification and anti-money-laundering (AML) upgrades, are adding to the burden. USDT dominates $77M laundering caseSeparately, Korean police said they apprehended 149 suspects accused of laundering about 117 billion won ($77.5 million) through a network linked to a China-based laundering group in Shenzhen, according to the Seoul Economic Daily. Seven suspects were formally arrested, and police said all suspects identified so far are Korean nationals. USDT accounted for 72% of the funds moved, while bogus gift-card operations made up 19% and ordinary bank transfers 9%. Authorities said the scheme used accounts opened under other people’s names and overseas crypto exchanges to make the funds harder to trace. Meanwhile, sentiment among Korean crypto investors remains mixed but not entirely bearish. A weekly survey by CoinNess and Kratos found that 34.1% of respondents expected Bitcoin to rise or surge this week, while 36.3% expected sideways movement and 29.6% expected a decline. Asked whether the crypto market could recover this year, 38.5% said the current downturn looked like a healthy correction with room for a rebound, while 29.7% said the market would not only recover but also set new highs. Combined, 68.2% of respondents expected some form of recovery this year. Still, pessimism remains. Another 17.7% said the crypto market had peaked and was unlikely to rebound, while 14.1% said they had already left the market and no longer had expectations. At the time of publication, Bitcoin (BTC) was trading at $76,677.43, up 0.1% over the past week, reflecting a largely range-bound market. 

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