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Bankruptcy Judge Permits Terraform Labs to Subpoena FTX

Policy & Regulation·August 02, 2023, 1:49 AM

In a significant development in the bankruptcy case of defunct crypto exchange FTX, a judge has granted Singapore-based Terraform Labs the authority to subpoena information related to its ongoing case brought by the United States Securities and Exchange Commission (SEC).

Photo by Bermix Studio on Unsplash

 

Hack allegations

Terraform Labs, the blockchain company that developed the Terra blockchain and failed US dollar stablecoin UST, claims that the failures of its algorithmic stablecoin and governance token were the result of an attack from short-sellers, possibly involving Alameda Research (FTX’s sister company).

The order, issued by Judge John Dorsey on Monday, allows Terraform Labs to serve subpoenas to FTX Trading and FTX US, aimed at collecting evidence to support its defense against the SEC’s allegations of fraud. According to court filings, lawyers representing the FTX Debtor have not formally objected to the court order.

Terraform Labs’ request for subpoena power stems from its belief that short-sellers connected to FTX entities played a role in the failure of the algorithmic stablecoin and governance token, leading to the collapse of the crypto firm. The ability to obtain information from FTX through the subpoenas could be crucial in bolstering Terraform Labs’ defense against the SEC’s fraud charges.

 

UST collapse fallout

The collapse of the UST stablecoin in 2022 contributed to a major market crash, resulting in a significant drop in the prices of many tokens. As a result, the company filed for bankruptcy in November 2022. The Co-Founder of Terra, Do Kwon, is currently serving a four-month sentence in a Montenegrin prison for using false travel documents. He may also face extradition to the United States or South Korea on fraud charges related to Terraform Labs.

 

Motion to dismiss denied

In a separate high-stakes ruling, US District Judge Jed Rakoff denied Terraform Labs’ motion to dismiss the securities fraud lawsuit filed by the SEC. The judge’s decision allows the SEC’s case against Terraform Labs and Do Kwon to proceed, rejecting defense arguments that the agency lacked jurisdiction and that Terraform’s TerraUSD stablecoin did not qualify as an unregistered security.

Judge Rakoff’s ruling is a significant victory for the SEC as it intensifies its enforcement actions against crypto companies involved in allegedly unlawful token sales. He found the collapse of TerraUSD, which lost its dollar peg and incurred a $40 billion loss last year, plausible as a reason to consider the token as a security that should have been registered.

Moreover, Rakoff dismissed Terraform’s claim that the SEC lacked the authority to regulate stablecoins without explicit Congressional authorization, asserting that the crypto industry was significant enough to warrant application of the “Major Questions Doctrine.” This doctrine limits agency overreach into major political issues but does not apply to the crypto asset markets.

The judge also rebuffed Terraform Labs’ attempts to draw parallels between the Ripple case and its own. In the Ripple case, a different judge ruled that Ripple’s XRP token sales to retail investors did not violate securities laws due to the manner of purchase on secondary markets. Rakoff firmly stated that such distinctions did not apply under the legal Howey test governing whether crypto assets qualify as securities.

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Policy & Regulation·

Apr 26, 2023

Terraform Labs Co-Founder Indicted in South Korea

Terraform Labs Co-Founder Indicted in South KoreaTen individuals linked to the Terra USD collapse have been indicted in South Korea on charges associated with violations of capital markets law, including the Co-Founder of Terraform Labs, Daniel Shin. That’s according to a report published by Bloomberg on Tuesday.©Pexels/Donald TongTwo of the ten were charged with breach of trust while the remaining eight, including Shin, were charged with illegal trading. Prosecutors confirmed that all of the charged individuals have ties to Terraform Labs, the company responsible for developing the Terra protocol, and the Terra USD (TUSD) stablecoin and Luna cryptocurrency which collapsed in 2022.It’s understood that the ten individuals were also accused of illegal disclosure of clients’ payment information and the embezzlement of corporate funds. The authorities have claimed that the ten individuals are responsible for causing “astronomical damage” to investors. They estimate that all ten of them took 463 billion won, around $347 million, in profit.Business interestsShin co-founded Terraform Labs with Do Kwon in 2018. He left the project in 2020, long before its spectacular failure in 2022. However, he would have profited considerably from the project. Prior to co-founding Terraform Labs, Shin had founded lifestyle commerce company TMON in 2010. Two years later, he founded venture capital and private equity firm, Fast Track Asia while in 2017 he was a founding partner of another venture capital and private equity firm, Bass Investment.He remains involved in all of those other businesses. Furthermore, Shin founded integrated payments firm PortOne Global in January 2020, immediately upon exiting Terraform Labs. He remains CEO of PortOne Global today.$185 million frozenOn Tuesday, the Seoul Southern District Prosecutor’s Office outlined that it had frozen assets to the value of 246.8 billion won, approximately $185 million, belonging to those that it has brought charges against. South Korean authorities had previously acknowledged a difficulty in seizing assets related to Terraform Labs Co-Founder Do Kwon. It’s understood that a transfer of funds from Do Kwon to a prominent South Korean law firm is being investigated. Otherwise, the search for funds has led them overseas where it’s understood that Do Kwon purchased real estate in his mother’s name in the United States in a bid to evade asset confiscation.Free pending trialShin remains at liberty pending trial. Back in December, a South Korean court turned down a request to arrest him on the basis that he wasn’t likely to destroy evidence and wouldn’t pose a flight risk.That hasn’t proven to be the case where his former colleague Do Kwon is concerned. Do Kwon fled to Montenegro where he was recently charged with having entered the country on false documents. Both South Korea and the United States have formally applied for his extradition. In the United States, the Securities and Exchange Commission (SEC) has sued both Do Kwon and Terraform Labs. Terraform Labs subsequently submitted a request to the courts in the US to dismiss the lawsuit, claiming the SEC lacks jurisdiction.

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Markets·

Feb 03, 2025

StashAway opens access to Fidelity crypto ETFs in Malaysia

StashAway Malaysia, a Malaysian Securities Commission (SC)-licensed digital investment platform, has extended its market offering to include crypto exchange-traded funds (ETFs) within the Southeast Asian nation. Malaysian daily English language newspaper the Sun reported on Jan. 22 that StashAway will enable Malaysians to invest in two top-tier cryptocurrencies, Bitcoin (BTC) and Ethereum (ETH), through its regulated platform.Photo by Traxer on UnsplashFidelity productsThe company is providing its Malaysian clientele access to crypto investment products offered by American multinational financial services company Fidelity Investments. These include the Fidelity Wise Origin Bitcoin Fund (FBTC) and the Fidelity Ethereum Fund (FETH). StashAway Malaysia Country Manager Wong Wai Ken explained the company’s rationale in adding the two products. He stated: “Many of our clients have expressed interest in the long-term potential of major cryptocurrencies like Bitcoin but have been hesitant because of security concerns or the complexities of navigating crypto exchanges. We’re now offering them a familiar and safe way to diversify their portfolios by incorporating crypto through a platform they already know and trust.” On a previous occasion, Wong told the Sun that its role is to help investors to diversify their portfolios. Adding access to cryptocurrency fits that objective. The StashAway executive believes that while there may be growing mainstream adoption of cryptocurrency, many investors are turned off gaining exposure due to the risks involved with self-custody or the fees and counterparty risk involved with cryptocurrency exchanges. StashAway charges management fees ranging from 0.2% to 0.8%. The Fidelity crypto ETF products will be offered with a 0.25% annual management fee.  Last June, Malaysian commercial bank Affin Bank became the first entity to offer a crypto ETF in Malaysia. The bank partnered with local fund management company Cross Light Capital to launch the actively managed digital asset fund. Titled the “Performa Digital Asset Fund,” the product incorporates investment in Bitcoin and Ether exchange-traded products (ETPs), with the remaining third invested in blockchain-related equities. The approval of eleven Bitcoin ETFs in the United States led to greater consideration for the approval and addition of such products internationally. However, in the first few months following the launch of these products, regulators, exchange platforms and asset management firms still remained cautious.  In March of last year, Bursa Malaysia, Malaysia’s stock exchange, dismissed the notion of adding cryptocurrency to its multi-asset exchange. Within the region, regulators in Singapore and Thailand both dismissed the idea of enabling Bitcoin ETFs within their markets.  Since then, Thailand’s regulator has moved closer in its consideration of such a product offering. In the case of Malaysia, earlier this month, the country’s Prime Minister, Datuk Seri Anwar Ibrahim, called for stakeholders such as the central bank to focus on cryptocurrency so that the Southeast Asian nation doesn’t get left behind. StashAway is headquartered in Singapore. Besides Singapore and Malaysia, the company also serves investors in Thailand, the United Arab Emirates (UAE) and Hong Kong. The digital platform has 50,000 users in Malaysia, where it serves retail and accredited investors. The company was the first robo-advisor platform to acquire a Capital Markets Services License from the SC in Malaysia.

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Web3 & Enterprise·

Dec 15, 2023

Hitachi collaborates with Concordium on biometric crypto wallet

Hitachi collaborates with Concordium on biometric crypto walletJapan’s Hitachi Solutions, a subsidiary company of the Hitachi multinational conglomerate, has joined forces with the Concordium Foundation, unveiling a collaboration that centers on a state-of-the-art biometric crypto wallet.Photo by Nuno Antunes on UnsplashAlternative approach to securing cryptoAnnounced on Tuesday by the Concordium Foundation, a Swiss-based development team behind the Concordium layer one blockchain, this “proof of technology” initiative has the potential to fundamentally change how users access and secure their cryptocurrency accounts.Breaking away from traditional methods, the proposed biometric crypto wallet leverages users’ fingerprints or facial scans to generate a set of seed words, eliminating the need for users to store or remember them. This novel approach simplifies the restoration process, allowing users to recover their accounts with a mere biometric scan.Improving UXIf crypto and Web3 are to be adopted by ordinary people en-masse, user experience has long been identified within the sector as an area that still requires development. Making users responsible for the storage of a private key is fraught with difficulty, given the likelihood of private keys being lost or compromised.Various approaches are being taken to solve this issue. Tangem Wallet is one such alternative that utilizes near-field communication (NFC) in combination with an app and a card with an inbuilt chip, negating the need for the user to memorize a private key.This biometric-centered approach from Hitachi and Concordium represents another user-friendly approach to the problem of user authentication, harnessing the power of Hitachi’s Public Biometric Infrastructure (PBI) and Concordium’s self-sovereign identity framework. The result is an account creation process based entirely on biometric data, enhancing both security and user convenience.Complementary technologyConcordium’s network, with its stringent ID process for account creation to combat malicious activities, stands to gain substantial benefits from this technology. The biometric wallet will fortify users’ access to their IDs, a critical aspect of network security. Moreover, the technology’s applicability extends beyond Concordium, offering potential integration with any blockchain network.Users of the biometric wallet will have the flexibility to unlock their accounts either by regenerating seed words through a biometric scan or by decrypting a copy of the seed words. This dual-layered approach ensures that access is granted solely through the user’s unique biometric data, enhancing security and mitigating the risk of loss or theft.Developing this cutting-edge technology poses challenges, particularly in handling the inherent “fuzziness” of biometric data, where no two scans produce identical results, even from the same individual. Hitachi’s team addressed this by employing fuzzy key generation and specialized error correction technology, effectively distinguishing between scans.Unlike traditional crypto wallets that necessitate secure storage of seed words, the biometric wallet by Hitachi and Concordium, alongside solutions like multiparty-computation wallets and magic links, aims to overcome this hurdle. The goal is to resolve the issue of lost backup, a significant barrier to wider crypto adoption.This is not Hitachi’s first foray into the crypto/blockchain space. In mid-November the company announced a collaboration with the Japan Exchange Group (JPX), banking giant Nomura and Nomura portfolio company BOOSTRY to launch a $69 million digital green bond on the blockchain. In October Hitachi joined a consortium of Japanese companies with a view towards developing decentralized identity technology.

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