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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 30, 2023

IOTA accelerates Middle East expansion with $100M foundation launch

IOTA accelerates Middle East expansion with $100M foundation launchIn a move aimed at catalyzing the adoption of its distributed ledger technology (DLT) in the Middle East, the Berlin-headquartered IOTA Foundation, the developmental force behind the IOTA-directed acyclic graph-based ledger network, unveiled a $100 million foundation in Abu Dhabi on Wednesday.Photo by Imtiyaz Ali on UnsplashTokenizing real-world assetsThe IOTA Foundation announced details of the initiative, known as the IOTA Ecosystem DLT Foundation, via a blog post published on its website on Wednesday. The new foundation is designed to facilitate the transformation of tangible assets into digital entities, marking a significant stride in the convergence of real-world assets with the digital realm, according to IOTA Co-founder and Chairman Dominik Schiener.Taking to the X platform, Schiener wrote:”We will double down on our efforts to bring the real world to Web3. We will pave the way to tokenize RWA [Real World Assets] assets on #IOTA and work with the governments in the UAE, across the Middle East and Africa to digitize their trade infrastructure and tokenize assets. We will make Blockchain real, with real use cases, real adoption, real yield and real assets.”IOTA is not a blockchain, but a related distributed ledger technology. DLT has garnered attention for its diverse applications over the past decade. IOTA’s digital tokens will serve as the financial backbone for this substantial investment, signaling a strategic move amidst recent setbacks in the cryptocurrency sector.Regulatory first in Abu DhabiThe IOTA Ecosystem DLT Foundation stands out as the first blockchain-focused foundation sanctioned by the regulatory authorities of the Abu Dhabi Global Market (ADGM), a key financial hub within the United Arab Emirates (UAE). The ADGM solidified its blockchain regulations in early November, creating a conducive environment for innovative blockchain-focused entities. The regulatory framework was crafted to offer a comprehensive structure specifically for DLT foundations and decentralized autonomous organizations (DAOs).Schiener expanded further on plans for the DLT Foundation:”With a new headquarter in the UAE, we are positioning IOTA from being an Enterprise Blockchain in Europe, to becoming one of the largest, global Crypto ecosystems. We will fully support Web3 and DeFi use cases on IOTA with the #EVM launch in Q1.”Endowed with over $100 million in IOTA tokens, the foundation’s funds will be gradually vested over the next four years.The financial infusion is earmarked for the development and expansion of the IOTA network. Additionally, IOTA will embark on asset “tokenization,” a process involving the representation of ownership rights for land or buildings as digital tokens stored on a blockchain. These tokens, akin to digital certificates of ownership, extend to virtually any valuable object.IOTA launched in 2015, and within its first two years, it rose to be a top-ten crypto project on the basis of market capitalization. Over the course of the last six years, the project has struggled to make the network less centralized. There have also been internal conflicts, which resulted in a number of the project’s co-founders stepping away from the project. With this latest development, Schiener suggested that IOTA could work its way back to being a top-ten project once again.

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Web3 & Enterprise·

Oct 18, 2023

Standard Chartered Muscling Into Asian Crypto Space

Standard Chartered Muscling Into Asian Crypto SpaceUK banking giant Standard Chartered is making a concerted foray into the Asian crypto sector through its Singapore-based subsidiary, Standard Chartered Ventures.Photo by Kirill Petropavlov on UnsplashTargeting institutional businessThat’s according to a report by Nikkei Asia on Tuesday. It’s believed that the company is positioning itself as a trusted choice for institutional cryptocurrency clients amid the backdrop of digital token price volatility and recent upheavals in the industry. The move will pit the British bank directly against global crypto exchange Binance in key Asian markets, specifically Singapore and Japan.Rene Michau, the Global Head of Digital Assets at Standard Chartered, emphasized what he considers to be the bank’s unique advantage in the digital asset space, stating:“As regulated banks, we have a fairly deep infrastructure around risk, conduct compliance, and the activities that go along with crypto assets.”This solid infrastructure includes established risk frameworks, governance structures, and compliance tools that Standard Chartered is keen to bring into the cryptocurrency sphere, thus making it an attractive option for its clients.Zodia Custody and Zodia MarketsStandard Chartered’s substantial involvement in the cryptocurrency market is channeled through its majority ownership of Zodia Custody, responsible for safeguarding digital assets, and Zodia Markets, a crypto exchange tailored for institutional clients.Both entities have been making significant progress in bringing their offerings to market in recent months. Zodia Custody recently launched its services in Singapore, offering a secure solution for financial institutions to manage their crypto holdings. Last month it launched a crypto staking product targeted at institutional clients.In the same month, Zodia Markets achieved in-principle approval to trade as a broker-dealer in the United Arab Emirates. Zodia Custody has also been successful in the UAE, launching its crypto custodian service in Dubai in May.Japan and SingaporeThis concerted effort by Standard Chartered follows a broader trend where traditional financial institutions, such as DBS Group Holdings in Singapore, are entering the cryptocurrency market, capitalizing on the challenges faced by younger crypto players in proving their credibility.Binance rebranded its Binance Custody unit as Ceffu and expanded its offerings for corporate customers in Singapore. While Binance asserts the independence of Ceffu, the exact nature of their capital relationship remains undisclosed.A parallel competition is unfolding in Japan, where Binance Japan has entered the market and Standard Chartered’s Zodia Custody has formed a joint venture with SBI Digital Asset Holdings, targeting institutional clients.While Standard Chartered has achieved a lot through its crypto-focused subsidiaries in a short space of time, there’s always room for improvement. In June, Hong Kong’s banking regulator singled out Standard Chartered alongside HSBC, appealing to both banking groups to make greater efforts to bank crypto clients within the Chinese autonomous territory, as it looks to compete with Singapore in becoming a regional crypto hub.The cryptocurrency sector has witnessed increased scrutiny as virtual currencies like Bitcoin and Ether have gained popularity. The rise of digital token exchanges, each vying for custody of assets belonging to investors who have embraced cryptocurrencies, has sparked concerns about corporate governance and security.Giants in traditional finance, like Standard Chartered, are stepping in to offer institutional investors a safer path to engage with virtual assets while leveraging the trust associated with established brands.

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Policy & Regulation·

May 25, 2023

Chinese Pull Crypto TV Video Following Binance CEO’s Comments

Chinese Pull Crypto TV Video Following Binance CEO’s CommentsEarlier this week, a Chinese state-owned TV channel featured a segment shedding light on Bitcoin, emphasizing its surging popularity and widespread adoption. The piece, broadcast on China Central Television (CCTV) on Wednesday, was met with enthusiasm from crypto proponents. However, on Thursday the video was removed from the TV broadcaster’s platform.Photo by Road Trip with Raj on UnsplashA perceived policy shiftThe segment sought to provide viewers with a comprehensive overview of digital assets, their diverse applications, and potential benefits. The reaction of Changpeng Zhao (CZ), CEO of global crypto exchange Binance, stoked up further community interest. Taking to Twitter, CZ stated:“CCTV (China Central Television) just broadcasted crypto. It’s a big deal. The Chinese speaking communities are buzzing. Historically, coverages like these led to bull runs.”CZ’s tweet reverberated throughout the crypto space, leaving many curious about his perspective on the TV segment’s significance. A highly influential personality in the crypto sector, CZ later clarified his stance, asserting that the segment signaled a shift in China’s approach to cryptocurrencies. He proposed that the state media’s coverage reflected a more positive sentiment and hinted at a potentially evolving regulatory landscape.Video removalSoon after CZ’s comments, the Chinese state media broadcaster removed the video segment focusing on Bitcoin. This development raised eyebrows and fueled speculations regarding the motives behind its removal. Within the crypto community, many speculated that CZ’s mention of the segment might have prompted Chinese authorities to take it down. However, the precise reasons behind the removal remain uncertain.One of the events that triggered the video segment appears to have been news earlier this week that Hong Kong is moving to enable crypto trading at a retail level. There’s been significant reporting on crypto developments related to Hong Kong over the course of the past six months. There has been a notable policy shift, and it appears that Chinese authorities are happy to see Hong Kong compete openly to become a regional hub for the crypto sector.There’s no doubt that people in the crypto sector would like to see signs of a softening of the approach to crypto in mainland China too. Many might have perceived this TV airtime as an indicator of that. However, it’s more likely that the Chinese are pursuing a dual-pronged strategy. They’re very cleverly participating in the developing innovation in digital assets via the Chinese autonomous territory of Hong Kong, while at the same time, maintaining a hardline stance against crypto on the mainland.The crypto sector continues to progress, and the regulatory landscape is ever-changing within various jurisdictions. On that basis, and given the importance of the Chinese market, it’s worthwhile to continue to closely monitor China’s actions. Any changes in the country’s approach to cryptocurrencies can have far-reaching consequences for the industry.Whether this recent event signals a more optimistic outlook or merely underscores the persisting regulatory uncertainty, it serves as a reminder that the crypto landscape is in constant evolution, holding surprises around every corner.

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