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SEC seeks summary judgment against Terraform Labs

Policy & Regulation·November 04, 2023, 9:12 AM

The U.S. Securities and Exchange Commission (SEC) is making a strong push for a summary judgment in its ongoing legal battle against Singapore’s Terraform Labs and its co-founder Do Kwon. Such an outcome would spare the need for a protracted trial.

According to a motion filed by the SEC on Thursday, the record shows that there is “no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law.”

Photo by Caleb Fisher on Unsplash

 

Relying on the Howey Test

The SEC’s filing underscores its central argument that Kwon and Terraform Labs were involved in the sale of securities. The document categorically states:

“There is no dispute that purchasers made an investment of money, either through fiat currency or crypto assets, for each crypto asset — LUNA, wLUNA, MIR, and UST, thereby satisfying the first prong of Howey.” The Howey Test refers back to a U.S. Supreme Court case — SEC v. Howey — which took place in 1946. The case set a precedent and has subsequently become the cornerstone of determining what is or is not a security in the United States.

This argument hinges on the idea that funds were pooled in a common enterprise with the expectation of profits primarily derived from the efforts of the promoters.

 

Citing fraud as well as unregistered securities

The SEC’s assertion is two-fold, contending that not only did Terraform and Kwon engage in selling securities, but they also engaged in fraudulent activities and disseminated misleading information. The SEC reiterates these claims in its filing, emphasizing that the defendants committed fraud by duping investors about the stability of UST.

They allegedly falsely attributed the algorithm for price stabilization while orchestrating clandestine third-party interventions. This purported deception made their claims regarding the algorithm’s effectiveness deceptive and involved the omission of crucial information. The fallout from Terra’s collapse in May of the previous year resulted in the destruction of substantial investor wealth, totaling billions of dollars.

 

Similar defense team filing

The SEC’s move to seek summary judgment comes in the wake of a similar filing by Kwon’s defense team last Friday. Kwon is currently serving a sentence for document forgery in Montenegro, a situation stemming from his arrest at an airport with forged passports.

Notably, Terraform’s co-founder, Daniel Shin, who is currently on trial in South Korea, has attributed the collapse of Terraform Labs to Kwon’s mismanagement. Shin has claimed his separation from the company and its activities occurred two years before its eventual collapse.

In this legal battle that holds significant implications for the cryptocurrency and blockchain space, the SEC continues to emphasize its position, asserting that Kwon and Terraform Labs engaged in the sale of securities through deceptive means. The outcome of this case could have far-reaching consequences, setting precedents for future regulatory actions in the industry.

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Web3 & Enterprise·

Jan 24, 2024

Alchemy Pay expands on-ramp services via Bitcoin.com

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Policy & Regulation·

Dec 15, 2023

Banking giants in Turkey embrace crypto ahead of legislative change

Banking giants in Turkey embrace crypto ahead of legislative changeIt remains unclear what the underlying environment for the further development of the crypto sector in Turkey will be until such time as the country introduces a legislative framework to shape the industry’s development. However, that fact is not deterring a couple of Turkey’s leading banks, who have decided to embrace the digital asset realm.Photo by Michael Jerrard on UnsplashStablex acquisitionOn Monday CoinDesk Turkiye reported that the investment arm of Turkish bank Akbank had acquired local crypto company Stablex. Stablex was founded in May 2020 by Jihad Shannak with the objective of providing professional services, including trading relative to cryptocurrencies in Turkey. Majority shareholding passed to Ak Investment in May of this year, with initial negotiations on the sale having commenced in August 2022.A high-ranking official at Ak Investment expressed the group’s ambition to become a pivotal figure in the digital asset realm, signaling a proactive approach to the evolving financial landscape. Akbank also banks the majority of crypto start-ups based in Turkey.Speaking about the acquisition recently, Akbank executive Mert Erdoğmuş stated:“We have invested in Stablex to respond to the need for reliable and innovative service in the cryptocurrency market. Stablex reflects our values with its experience in the sector, pioneering achievements and professional service approach.”BBVA crypto walletAlongside Akbank’s move into the digital assets arena, Garanti BBVA, Turkey’s second largest private bank, recently unveiled its crypto wallet app. The feature-rich application includes a cold wallet, empowering users to seamlessly send and receive assets such as bitcoin (BTC), USD Coin (USDC) and ether (ETH).The pilot project for the app commenced in August, with the application currently available on iOS. In bringing the app to market, the bank created Garanti BBVA Digital Assets, a dedicated subsidiary firm. Commenting on that development back in August, the subsidiary’s Chairman of the Board, M. Çağrı Süzer, stated:”Our research shows that customers significantly value trust in their crypto transactions and especially on its storage. Hence, we are happy to launch our Crypto Custody Wallet addressing these real needs.”Despite uncertainties, Turkey has firmly established itself in the global crypto landscape, ranking among the top 20 countries in Chainalysis’ Global Crypto Adoption Index 2023. The instability of the Turkish lira in recent years has been a driver for crypto adoption in the country. In recent days, the bitcoin unit price has reached its highest exchange rate level against the local sovereign currency.Earlier this week, it emerged that crypto platform Blockchain.com is adding headcount and has its sights set on expansion into Turkey as one of its growth opportunities.FATF-compliant regulatory approachTurkey’s regulatory stance has been to take a cautious approach. In 2021, the central bank restricted the use of crypto for payments, although a complete ban on digital assets was ruled out by officials.Looking ahead, a government official revealed plans for crypto legislation to be presented to Parliament in November. While details remain scarce, this legislative move aligns with Turkey’s broader strategy to exit the Financial Action Task Force’s (FATF) “gray list.”

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Web3 & Enterprise·

Jan 21, 2025

Jio launches JioCoin reward token

Indian multinational technology firm Jio Platforms, a subsidiary of India’s largest private sector company, Reliance Industries, has launched JioCoin, a rewards-based token, on the Polygon blockchain. While Jio Platforms has yet to make an official announcement related to JioCoin, Kashif Raza, the founder of Indian crypto education startup Bitinning, took to the X social media platform on Jan. 16 to highlight his discovery that JioCoin had been launched and that the tokens could be accumulated via the JioCoin Wallet, a Web3 wallet. Polygon Labs partnershipLast week, it emerged that Jio Platforms had entered into a partnership with Polygon blockchain developer Polygon Labs. Polygon co-founder Sandeep Nailwal told Cointelegraph that Polygon Labs intends to support Jio to enable blockchain integration across a spectrum of Jio applications. In a follow-up post, Raza provided a more detailed account of the offering. The crypto educator explained that the token “is a mechanism to reward internet users for surfing the internet on the JioSphere browser.”Photo by GuerrillaBuzz on UnsplashUse case speculationOn that basis, it’s likely that the emergence of JioCoin is the first demonstration of one of the outcomes of that collaboration.  In the absence of an official announcement and a specific clarification of the intended use case for JioCoin, Raza speculated that its likely use case will be to act as a currency within the Jio network. He explained that within Jio’s sphere, thousands of companies are interacting with each other. Raza speculated that in the future, users would be able to use JioCoin to pay for gas at gas stations or renew mobile phone services. Jio’s parent company operates a network of gas stations in partnership with BP. He believes that JioCoin could potentially give Jio an edge in competing with other internet browser providers like Google, Brave and Microsoft, while suggesting that Reliance Industries group companies could run one of the most significant rewards programs in the world via JioCoin. Polygon adoptionIndian venture capitalist and blockchain enthusiast Aditya Singh suggested that the move will help Polygon from an awareness and adoption perspective. However, he outlined that while this is a big deal, it’s not the first time that Polygon has struck big-name partnerships, having done so in the past with Meta, Disney, Nike, Adidas, Adobe, Reddit and others. Raza believes the partnership provides significant validation for Polygon, given Jio's reputation. He suggested that, as a consequence, other large Indian corporations may choose to launch an ecosystem coin on the Polygon blockchain. If JioCoin fulfills its potential and turns out to be a success, the Polygon network will see a significant rise in the overall number of transactions processed. In a similar vein, Jio could bring a substantial user base to Polygon.  While Singh and Raza see JioCoin as a largely positive development, its introduction hasn’t occurred without criticism. Author and crypto analyst Sunil Aggarwal took to social media to warn the community to investigate the token further before automatically assuming it to be a huge milestone for Polygon and crypto generally. He cited concerns related to the transparency and integrity of the token offering.

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