India’s FIU moves to block overseas exchanges

3AC Co-Founder Disputes US Jurisdiction Citing Singaporean CitizenshipKyle Davies, the Co-Founder of the failed Singaporean crypto hedge fund Three Arrows Capital (3AC), has asserted that he is solely a citizen of Singapore and not of the United States.Photo by Towfiqu barbhuiya on PexelsEvading pursuit of damagesThe assertion may have relevance as it may mean that Davies can evade actions taken against him in a US court on the basis of a lack of jurisdiction. In a recent filing with the US Bankruptcy Court for the Southern District of New York (SDNY), Davies presented documents demonstrating that he had renounced his US citizenship in December 2020. He emphasized that he obtained citizenship in Singapore after being issued a passport in early 2021 and that he does not subject himself to the jurisdiction of US courts.$3.5 billion owedIn June it emerged that liquidators appointed for 3AC were seeking to recover $1.3 billion from the fund’s co-founders, Davies and Su Zhu. The firm reportedly owes creditors a staggering $3.5 billion.In the midst of public criticism surrounding the events leading to 3AC’s collapse, Zhu and Davies launched a platform called Open Exchange (OPNX), allowing trading claims against bankrupt crypto firms. Despite a deficit of goodwill for the duo in the crypto sector, they have been putting all their energies into the new venture.Last month, they outlined that they would donate future earnings from OPNX to 3AC creditors. It’s difficult to reconcile that claim when with this action, Davies is trying to evade contributing to creditors via the 3AC bankruptcy process and this legal action taken by the liquidator.Renounced citizenshipAccording to court documents, Davies officially renounced his US citizenship at the US Embassy in Singapore, citing his decision to reside in the country on a long-term basis. He revealed that he got married to a Singaporean national in 2017 and subsequently gained permanent residency in Singapore. Because Singapore does not permit dual nationality, Davies chose to renounce his US citizenship to establish himself fully as a Singaporean citizen.The submission of these documents came after 3AC’s liquidators requested a subpoena to gather information on the crypto hedge fund’s collapse. Both Kyle Davies and Zhu, were subpoenaed on Twitter, as their whereabouts were unknown. However, while Zhu, being a Singaporean national, might not be subject to the subpoena while residing outside the United States, Davies’ refusal to comply with the order led to discussions about holding him in contempt of court.In response to the subpoena controversy, Davies’ legal representatives claimed that he cannot be validly served with process as a non-party in the case, as he has not been a US citizen or resident since well before the case was initiated. They stated that the court lacks personal jurisdiction over him due to his renunciation of US citizenship. Accordingly, they requested that the Service Order and Compel Order, which were based on the assumption that Davies was a US citizen, be vacated.

Earlier this month Metaplanet, a Japanese Bitcoin treasury company, said that it was targeting 10,000 Bitcoin in 2025 but the company has raised the bar once again, planning on an acquisition of 21,000 Bitcoin by 2026. On Jan. 5, Metaplanet CEO Simon Gerovich set out a number of objectives for 2025. Among them was a goal for the company to acquire 10,000 Bitcoin in 2025. Gerovich explained that the firm intended to utilize “the most accretive capital market tools available” in order for Metaplanet to meet that target.Photo by André François McKenzie on Unsplash2025-2026 Bitcoin PlanAbout three weeks after the Metaplanet CEO announced that ambition, the company published a press release on Jan. 28 detailing its 2025-2026 Bitcoin Plan, which goes much further.  The plan outlines that 10,000 Bitcoin remains the target for 2025 but that the company has adopted the strategy to accumulate 21,000 Bitcoin by 2026. Gerovich stated that since Metaplanet embraced the Bitcoin Standard on April 8, 2024, the company has experienced exponential growth. Gerovich added: “The market has recognized Metaplanet as Tokyo’s preeminent Bitcoin company, and we are seizing this momentum to solidify our position as a global leader. Our vision is to lead the Bitcoin renaissance in Japan and emerge as one of the largest corporate Bitcoin holders globally. This plan is our commitment to that future.” Adopting MicroStrategy’s Bitcoin playbookMetaplanet has adopted the Bitcoin playbook first pioneered by U.S. business intelligence company turned Bitcoin development firm MicroStrategy. In short, that playbook involves financing Bitcoin purchases with debt. In this way, the company can capitalize on Bitcoin’s historical trend of positive returns over time, using convertible notes and equity to facilitate that.  The practice also creates a feedback loop in so far as MicroStrategy buys Bitcoin, resulting in the Bitcoin unit price increases. The MicroStrategy stock price goes up. Demand for MicroStrategy’s stock and debt goes up, enabling the company to buy more Bitcoin. In its press release, Metaplanet looked back on what had been achieved in terms of its Bitcoin strategy in 2024. In Q4 2024, the company achieved a Bitcoin yield of 309.82%, following on from a 41.7% Bitcoin yield in Q3.  At the close of the year, the Japanese Bitcoin treasury company held 1,761 Bitcoin, purchased at an average Bitcoin unit price of 11.85 million yen ($76,411). Shareholder growth has seen the company surpass 50,000 shareholders. Meanwhile, share trading volume has increased 430x, year-on-year. Since the firm adopted the Bitcoin Standard in April 2024, the company’s market capitalization has grown by 7,000%. Last month, the company celebrated the milestone of having reached a $1 billion market cap. Asia’s largest equity capital raise for BitcoinThe company has dubbed its new plan “The 21 Million Plan.” It will comprise the issuance of 21 million shares by means of moving strike warrants. Gerovich confirmed on X that at $750 million, the plan will involve Asia’s largest-ever public equity capital raise to buy Bitcoin.

Terraform Labs civil trial proceeds with confidential filingsSingaporean 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 UnsplashData shielded from public disclosureThe 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 momentThe 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 consequencesThe 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.