Top

SEC Seeks to Question Co-Founder of Singapore’s Terraform Labs

Policy & Regulation·August 19, 2023, 1:06 AM

The United States Securities and Exchange Commission (SEC) has taken a step forward in its ongoing case against Singapore’s Terraform Labs by seeking to question Daniel Shin, the Co-Founder of the company.

The SEC's intention is to gather evidence related to Chai Corporation, a payments company associated with Terraform and the Terra blockchain. District Judge Jed Rakoff granted the SEC’s request earlier this week, which is part of the regulatory body’s efforts to build a case against Terraform Labs and its Co-Founder, Do Kwon. The decision was based upon a motion originally filed in July.

Photo by Bermix Studio on Unsplash

 

Requesting South Korean assistance

The motion, which was granted on Tuesday, allows the SEC to reach out to South Korea for assistance in questioning Shin and obtaining documents related to Chai Corporation. The regulatory body aims to gain insights into Kwon’s role at Chai, the utilization of the Terra blockchain by Chai, and the disclosures made by Chai regarding its relationship with Terraform.

Additionally, the SEC is interested in understanding the reasons behind Chai’s separation from Terraform, as the two companies shared offices and staff until their split in 2020.

 

No opposition filed

On a previous occasion, Kwon unsuccessfully challenged the SEC's attempt to access company records on the basis of a lack of jurisdiction given that Terraform is a Singapore-domiciled company. In June, both Terraform and Kwon attempted unsuccessfully to have the entire action thrown out.

On this occasion neither Terraform Labs nor Kwon have opposed the SEC’s motion. In fact, they have even included their own set of questions and document requests. Both the Singaporean firm and its Co-Founder have denied the SEC’s allegations, which were filed earlier this year.

The SEC’s lawsuit claims that Terraform’s cryptocurrencies, specifically Terra Luna Classic (LUNC) and Terra ClassicUSD (USTC), were involved in fraudulent activities. The US regulatory body further alleges that Kwon and Terraform falsely promoted the use of the Terra blockchain by Chai for processing and settling transactions.

The SEC’s lawsuit also accuses Terraform and Kwon of fabricating transactions involving TerraKRW (KRT), a Korean won-pegged stablecoin, to give the impression that Chai was actively utilizing the Terra blockchain.

 

Collapse fallout

Terra, an interconnected crypto ecosystem, faced a collapse in May 2022, resulting in the loss of approximately $40 billion in value and impacting the wider cryptocurrency market. The aftermath of this collapse led to legal actions against individuals associated with Terraform Labs. South Korean prosecutors, for instance, charged Shin with multiple fraud offenses in April, alleging that he had concealed the risks of investing in Terraform’s cryptocurrencies.

Kwon’s legal situation is equally complex. He is currently serving a prison sentence in Montenegro for attempting to leave the country using a fake passport. He faces criminal charges in both the United States and South Korea, and both countries have requested his extradition.

The ongoing investigation sheds light on the intricate relationships within the Terra ecosystem, having an impact across different jurisdictions. As legal proceedings unfold, the outcome will likely have implications for the regulation and oversight of cryptocurrency and blockchain projects internationally.

More to Read
View All
Web3 & Enterprise·

Jan 23, 2024

HTX bounces back following DDoS attack

Well-known crypto exchange HTX and its decentralized autonomous organization (HTX DAO) have restored services following a distributed denial-of-service (DDoS) attack. The attack, which occurred late last week, briefly disrupted operations. However, HTX swiftly addressed the issue, highlighting the robust security protocols in place. The Seychelles-incorporated exchange confirmed the outage on social media last Friday, only to post an update shortly afterwards to confirm that service had been restored.Photo by Tekton on Unsplash‘Funds are SAFU!’Key industry figure and HTX advisor Justin Sun also took to social media to announce the recovery and express gratitude to the user community for their support. He reassured users that all funds remained secure, underscoring the exchange's dedication to safeguarding user assets. Sun borrowed a phrase first coined by Binance founder Changpeng Zhou (CZ), stating:”All funds are SAFU!” Latest in a string of incidentsThis DDoS attack adds to a series of challenges faced by HTX. In September, the same month in which the company rebranded from Huobi to HTX, hackers exploited the exchange, resulting in a loss of approximately 4,999 ether (ETH) valued at $7.9 million. In November, two Sun-linked protocols, HTX and Heco Bridge, experienced a combined $100 million hack. Despite these incidents, prompt measures, including statements from Justin Sun, ensured the protection of user assets. Having originated in 2013, HTX has evolved into a comprehensive blockchain ecosystem, encompassing digital asset trading, financial derivatives, wallets and various other blockchain-related services. The firm maintains offices in Hong Kong, Singapore, Tokyo and the United States. Its South Korean branch is set to close its operations on Jan. 29. Since 2018 the business has been a publicly listed company on the Hong Kong Stock Exchange (HKEX). HTX DAOOnly hours before experiencing this DDoS attack, the firm had launched HTX DAO. The DAO allows users to actively participate in the exchange's operations. Users can contribute to decision-making processes through voting, engaging in community discussions and selecting representatives. The DAO’s whitepaper outlines that governance will be conducted through the use of HTX tokens. The HTX DAO website alludes to various privileges that HTX token holders can benefit from on both the DAO and the HTX exchange. However, it remains unclear as to the specific nature of these privileges as yet. In a bid to strengthen its security infrastructure, HTX DAO recently underwent a comprehensive security audit conducted by ChainSecurity. This integration of the exchange business into the HTX DAO ecosystem reflects a broader trend within the cryptocurrency sector towards decentralization. In a long post on the X social media platform on Thursday, Justin Sun suggested that through HTX DAO, the HTX exchange would become “The People’s Exchange.” Sun added:”HTX currency holders should eventually become the owners of the platform.” Despite the high hopes and aspirations, Sun continues to have his perennial detractors. Travis Kling, founder of Ikigai Asset Management, posted on X on the very same day, stating:”We may be getting close to showtime here. We need [Justin Sun] gone. He’s a cancer.” 

news
Web3 & Enterprise·

Jan 22, 2024

FSN and Fingo join hands to pursue tokenized securities business

South Korean digital marketing firm FSN has entered into a strategic alliance with Fingo Company, the operator of the music copyright platform Fingo, to jointly work on a tokenized securities project based on the recently raised funds, according to local news site Newsis on Monday (KST).Photo by Chris Liverani on UnsplashUnlocking synergiesThrough this partnership, FSN and Fingo aim to collaborate on a token securities project. As both companies have experience in leveraging IP, they are expected to apply their expertise to the new business. In particular, FSN operates several IP-based Web3 projects such as Sunmiya Club and Bellygom NFT through its subsidiary Finger Labs, through which the firm has been demonstrating its competitive edge. Fingo also owns a variety of content-based IPs and is cooperating with major domestic securities companies. The two firms’ business capabilities are thus expected to create great synergy in the market. Fingo’s service allows anyone to share revenue made from music, a concept referred to as music revenue sharing, which was once limited to creators or singers only. Last year, it took a step into the tokenized securities sphere by signing a business deal with Mirae Asset Securities, the country’s largest asset manager, to establish a token securities service and launch innovative financial investment products. FSN has been gearing up to take on this collaborative project, namely a recent success in raising a total of KRW 10 billion (approximately $7.5 million) in funding. The company explained that with this considerable funding paired with its knowledge of Web3 and blockchain technology and experience in collaborative partnerships, it will be equipped to settle into the tokenized securities market seamlessly. Charting new horizons"As we have secured large-scale funding under stable conditions, we expect to successfully pursue new businesses, including that in tokenized securities," FSN CEO Lee Sang-seok said. "We will steadily expand new businesses by establishing partnerships with companies with competitiveness in various areas, starting with Fingo Company, which has a competitive edge in tokenized securities and music IP," he said.

news
Web3 & Enterprise·

Nov 25, 2023

CoinFLEX founder: creditors not to interfere with OPNX

CoinFLEX founder: creditors not to interfere with OPNXMark Lamb, the co-founder of failed crypto derivatives and yield platform CoinFLEX, has asserted that creditors of the company cannot interfere with OPNX, a Seychelles-incorporated company that Lamb has co-founded with Kyle Davies and Su Zhu, the founders of failed Singaporean crypto hedge fund, Three Arrows Capital (3AC).Photo by Chapman Chow on UnsplashFallout following writIt emerged in October that a group of CoinFLEX creditors had filed a writ of summons in the High Court of Hong Kong, claiming that OPNX, a new crypto bankruptcy claims trading platform linked to CoinFLEX, was established using CoinFLEX assets without their consent. While incorporated in the Seychelles, CoinFLEX ran its operations from Hong Kong.The writ alleges that Mark Lamb misappropriated assets, diverted clients and business opportunities and engaged in actions harmful to creditors during his tenure.The creditors argue that Lamb, while serving as CoinFLEX’s CEO, simultaneously devoted time and effort to setting up OPNX, contrary to his responsibilities. The allegations include diverting assets, falsely representing OPNX’s association with CoinFLEX creditors, disclosing confidential trade secrets and soliciting employees to move to OPNX.The legal action — filed by two companies, Liquidity Technologies and Liquidity Technologies Software — claims that OPNX’s formation was unauthorized and harmful to CoinFLEX creditors. Despite CoinFLEX’s terms of service requiring dispute resolution through arbitration in Hong Kong, the allegations have not been proven in the High Court of Hong Kong.Lamb addresses ‘Twitter FUD’In response to these creditor actions, earlier this week, Lamb took to X (formerly Twitter) to address what he termed as “Twitter FUD.” Lamb wrote:“The Hong Kong court ruled that the few CoinFLEX creditors behind recent ‘FUD’ must not disrupt or interfere with OPNX in any way — and their legal counsel has subsequently stopped representing them.”Lamb added that he hoped that CoinFLEX’s 4,800 creditors would choose the path that he has proposed on the basis that it “maximizes value.”OPNX has defended its position, emphasizing that it provided an opportunity for creditors to sell their claims on the exchange for quick cash, benefiting them. Davies and Zhu have pledged to donate their share of the profit to 3AC creditors.In February, OPNX CEO Leslie Lamb, Mark Lamb’s wife, announced the rebranding of CoinFLEX to Open Exchange (OPNX). However, the writ of summons claims that OPNX is a separate entity not authorized by CoinFLEX creditors. Leslie Lamb followed up in April by claiming backing from well-known entities in crypto venture capital, only for many of those mentioned to immediately refute such claims.The dispute has also implicated Roger Ver, a well-known character in the crypto space otherwise referred to as “Bitcoin Jesus.” Ver, a significant individual customer, was accused of defaulting by CoinFLEX. Ver denied defaulting and claimed that CoinFLEX used his trading positions against him, leading to a court-ordered arbitration.OPNX, since its launch in April, has obtained a Lithuanian license for spot trading in the EU and currently processes substantial daily trading volumes. Criminal and civil proceedings against OPNX co-founders Davies and Zhu are ongoing. The situation remains fluid as the legal dispute unfolds.

news
Loading