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Terraform Labs claims bankruptcy protection will help SEC lawsuit appeal

Policy & Regulation·February 01, 2024, 2:38 AM

Singapore’s Terraform Labs, the company founded by incarcerated crypto entrepreneur Do Kwon, has filed for Chapter 11 bankruptcy protection as a mechanism to shield itself from potential severe penalties in the U.S. Securities and Exchange Commission's (SEC) securities fraud lawsuit.

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Pursuing an appeal

The bankruptcy filing, submitted on Tuesday in the U.S. Bankruptcy Court for the District of Delaware, aims to allow Terraform Labs to pursue an appeal against the SEC's allegations. In the filing, Terraform Labs CEO Chris Amani emphasized the critical nature of the bankruptcy protection for the company's ongoing operations, preservation of value for creditors, including the Terra community, and the pursuit of an appeal against the SEC enforcement action.

 

Amani expressed concerns that, without Chapter 11 protection, the company could face liquidation after the trial, forfeiting its right to appeal and leading to disastrous consequences for its business. Having acted as Terraform’s chief operating officer earlier in 2023, last July Amani was appointed as the firm’s CEO.

 

Protection afforded by Chapter 11

The estimated assets and liabilities of Terraform Labs fall between $100 million and $500 million, as disclosed in the firm’s bankruptcy filing earlier this month. Amani highlighted the potential financial strain resulting from a substantial money judgment, indicating that the company might not be able to satisfy such a judgment or post the necessary supersedeas bond for an appeal, a bond that must be provided by a petitioner who attempts to have a judgment set aside, without the protection afforded by Chapter 11.

 

The SEC charged Terraform Labs and former CEO Do Kwon with securities fraud in February 2023, accusing them of orchestrating a "multi-billion dollar crypto asset securities fraud." The Commission claimed the company raised billions from investors through unregistered transactions, offering an interconnected suite of crypto asset securities. Terraform Labs disputes the SEC's summary judgment decision, asserting that the cryptocurrency tokens in question are not securities under the Acts and that the SEC's jurisdiction is not applicable.

 

The potential consequences of liquidation extend beyond the company itself, impacting hundreds of thousands of Luna cryptocurrency holders, the same individuals the SEC purportedly seeks to protect. Luna operates on the Terra blockchain maintained by Terraform Labs.

 

Terraform Labs, known for the algorithmic stablecoin TerraUSD and its sister cryptocurrency Luna, filed for bankruptcy protection in the wake of the infamous collapse of both in May 2022.

 

The SEC's case stems from that $40 billion collapse of TerraUSD and a previous version of Luna, accusing Terraform Labs and Kwon of misleading investors about the stability of TerraUSD.

 

Kwon was arrested in March of last year in Montenegro for using false documents. He is currently detained in Montenegro, following his attempt to travel to Dubai with a fake Costa Rican passport. The Terraform founder is currently awaiting extradition to either the United States or South Korea. Both Do Kwon and Terraform Labs deny committing fraud, with the SEC trial scheduled to commence in New York in late March.

 

 

 

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Markets·

May 02, 2024

Lackluster debut for crypto ETFs in Hong Kong

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Policy & Regulation·

Apr 14, 2023

Growing Concerns about Single Crypto Exchange Listings in Korea

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Web3 & Enterprise·

Sep 12, 2023

LG CNS Chooses Six Startups to Foster Innovation in Digital Transformation

LG CNS Chooses Six Startups to Foster Innovation in Digital TransformationLG CNS, the information technology (IT) arm of South Korean conglomerate LG Group, said Tuesday that it has chosen six startups to nurture under its sixth annual Startup Monster program — a program dedicated to supporting technology startups that are capable of pioneering consumer values in the realm of digital transformation (DX). By directly contributing to their growth as startups, LG CNS also aims to secure them as future business partners.Photo by Milad Fakurian on UnsplashAmong those startups is Zkrypto, a company specializing in zero-knowledge proof technology — a method of providing the validity of a statement without revealing the statement itself. Zkrypto will work with LG CNS on security solutions and privacy protection services necessary for operating digital finance services such as digital wallets and security tokens. The two companies already established their relationship earlier last month when they signed a memorandum of understanding (MOU) to jointly develop blockchain-powered business models.Investing in startup growthUnder the program, the companies will undergo a six-month technology assessment as well as receive KRW 100 million (approximately $75,000) in funding to demonstrate the feasibility of technology integration into their businesses. LG CNS said that it would carry out the assessment by leveraging its extensive business references and technical resources along with assistance from other IT experts.“Through the Startup Monster program, we will continue to discover and nurture promising startups with innovative technologies and create an ecosystem where we can grow together,” said Jeon Eun-kyung, Executive Director of LG CNS’ Convergence Technology Research Institute.Participants from diverse industriesThis year’s recruitment attracted over 240 applicants, resulting in a highly competitive selection ratio of 40:1. Other selected startups besides Zkrypto include GradeHealthChain, Quantum Universe, Delivery Lab, mAy-I, and Circle Platform, which specialize in emerging DX technologies, such as big data analysis, artificial intelligence (AI) modeling, and extended reality (XR).GradeHealthChain is known for its health management app LOG, which analyzes health checkup results and medical information to allocate an overall health score. Users can provide these scores and other medical information to insurance companies partnered with GradeHealthChain to receive premium discounts on insurance. In turn, the insurance companies can use this data to accurately assess the customer’s health status and recommend optimal insurance products. LG CNS plans to work with GradeHealthChain to create services for insurance product recommendations.On the other hand, Quantum Universe specializes in the planning, production, and distribution of XR content. With LG CNS, the company will jointly develop digital twin technology that replicates physical objects in a digital environment for applications in smart factories and manufacturing. They are also pursuing marketing projects using metaverse technology.mAy-I and Circle Platform were chosen for the program for their impressive technical capabilities in data collection and AI modeling. Meanwhile, Delivery Lab operates a food distribution platform in the smart logistics field.LG CNS has been actively nurturing startups and working with them through the Startup Monster program since 2018. Up until last year, a total of 22 startups participated in the program.SelectStar, one of last year’s participants, is currently collaborating with LG CNS as a data construction partner for AI businesses. The two companies have notably created KorQuAD 2.0, a Korean language machine reading comprehension dataset.In addition, Lovo, an AI text-to-speech solutions startup from the third Startup Monster program, worked with LG CNS on developing an AI contact center. According to industry sources, Lovo’s corporate value has increased more than 20 times from the time it participated in the program, reaching KRW 100 billion.

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