MAS Offers Guidelines for Banks Handling Crypto-Related Clients

Fake Security Tokens Linked to HD Hyundai Oilbank in CirculationHD Hyundai Oilbank, one of South Korea’s leading refiners, said Wednesday that a counterfeit security token dubbed “HOBT” claiming affiliation to the company has been circulating online. The token is allegedly based on old stock certificates under the company’s former name, Hyundai Oil Refinery, as the underlying assets, though the company had changed its name to HD Hyundai Oilbank back in 2002. Both the token and the underlying asset are invalid and have no relation at all to HD Hyundai Oilbank, the company emphasized, so investors must exercise caution.Fraudulent promotionEntities that are giving away or selling HBOT tokens are attracting investors by promoting a one-on-one exchange of the tokens for old Hyundai Oil Refinery stock certificates. They are also promising to grant shareholder rights through blockchain technology as well as interest payments of 4% every month for a total of 24% over six months.Fraudulent activities like these have recently been on the rise following the legalization of security tokens and the formal issuance of a select few tokens.Investigative measuresThe Incheon Metropolitan Police is currently conducting an investigation into the case. Notably, the old Hyundai Oil Refinery stock certificates that the involved entities are claiming to be underlying assets have been proven to be fake in over ten court rulings. Although owners of these old stock certificates had filed lawsuits against the company related to shareholder registration renewals since the late 2000s, all of them had lost their cases.Photo by Tingey Injury Law Firm on UnsplashPast events resurfacingThis recent circulation of the forged HOBT tokens is attributed to employees of a disposal company who pocketed the invalid stock certificates and certificate papers, rather than disposing of them as they were required to do.In January 2002, HD Hyundai Oilbank had hired a company to dispose of documents — including those related to the old stock certificates — that had lost their validity during the process of attracting and increasing foreign capital.“In May of that year, we started receiving frequent inquiries about the stock certificates. We filed a legal complaint against the employees and conspirators of the disposal company for illegally distributing the certificates (including the stock certificate papers), and they were subsequently punished for theft and fraud,” the company explained.

Genesis Ordered to Comply with Subpoena in Terraform Labs CaseGenesis, the troubled crypto lender and trading company, has been issued a compelling directive by a New York court. The court has mandated Genesis to comply with a subpoena within five days, following a failure to respond to previous requests by the October 9 deadline, relative to a case involving Singapore’s Terraform Labs.Photo by Michael Discenza on UnsplashTerraUSD collapse falloutThese requests are related to the 2022 collapse of the TerraUSD stablecoin, a cryptocurrency which was supposed to maintain a peg to the US dollar’s value until it lost that peg and collapsed. At the time, the demise of TerraUSD reverberated throughout the cryptocurrency markets.In response to this collapse, the US Securities and Exchange Commission (SEC) initiated a legal action against Terraform Labs, the company responsible for the token, and its co-founder Do Kwon, alleging that investors had been misled. Both Do Kwon and Terraform subsequently tried unsuccessfully to have the case dismissed.As part of the progression of this case, the SEC sought to question Do Kwon and gain access to company records held by the Singapore-headquartered firm. The defendants were ultimately unsuccessful in arguing their case in that instance on jurisdictional grounds.Failure to respondJudge Jed Rakoff, in a court order filed on Friday, highlighted Genesis’s non-compliance with the subpoenas, stating:“As of today, the Genesis Entities have failed to produce any documents in response to the Subpoenas.”These subpoenas were issued by the defendants to seek specific information from Genesis Global Capital, Genesis Global Holdco, and Genesis Global Trading on September 12.The court order does not specify the nature of the information sought. It is worth noting that Genesis extended substantial loans to the now-defunct hedge fund Three Arrows Capital (3AC), which was heavily exposed to the TerraUSD stablecoin. In January 2023, three Genesis entities filed for bankruptcy, and its trading arm ceased its US spot market operations in September.In addition to the challenge posed by Genesis’ non-compliance, Judge Rakoff is also wrestling with obtaining information from Do Kwon in connection with the legal proceedings. Kwon’s legal representatives have argued that he cannot physically come to the US as he is serving a jail sentence in Montenegro for possession of a counterfeit passport.However, Judge Rakoff has expressed his determination to ensure Kwon’s availability for cross-questioning and stated that Kwon will not be allowed to provide any declarations in the case without being subject to cross-examination.Citadel under scrutinyIn a related development, it emerged last week that Terraform Labs is accusing American market maker Citadel Securities of having sabotaged its TerraUSD stablecoin. As part of the Singaporean company’s pursuit of justice, it has called upon the United States District Court in the Southern District of Florida to force Citadel to furnish specific documents that relate to their trading activities during the period within which TerraUSD collapsed.Should it fail in that endeavor, Terraform has said that it will look to have the matter heard in Judge Rakoff’s court in New York.This legal development concerning Genesis marks a crucial juncture in the ongoing investigation into the TerraUSD stablecoin’s collapse and the actions of the entities involved, with Genesis now facing increased pressure to cooperate fully with the legal process.

EOS Granted Whitelist Approval by Japanese RegulatorsThe open-source layer-1 blockchain platform EOS has secured whitelist approval from the Japan Virtual and Crypto Asset Exchange Association (JVCEA).The EOS Network Foundation, an entity established with a view towards supporting and safeguarding the development of the EOS blockchain network, announced the approval via a blog post published to its website on Wednesday.EOS raised eyebrows with a staggering $4 billion initial coin offering (ICO) back in 2018. This approval will likely act as a shot in the arm for the project, given the period of relative stagnation that has followed the ICO.Photo by Paul MARSAN on UnsplashEOS price respondsThe approval paves the way for EOS to be traded against the Japanese yen, potentially opening up new avenues for the cryptocurrency’s adoption and utilization. The endorsement has had an immediate impact on the EOS token’s value, driving its price up by 5.54% over the course of the past seven days in a surge of market activity.At the time of writing, the EOS token is trading at $0.622 with an accompanying market capitalization of $696 million. This positive market response underscores the significance of regulatory greenlights in the cryptocurrency sphere.Mid-September trading launchThe Japanese Financial Service Authority (FSA) will oversee the regulation of EOS trading on local Japanese crypto exchange BitTrade, a well-established platform in the Japanese crypto space. The anticipated commencement of EOS token trading on BitTrade is slated for mid-September.The EOS development team is coming out the better end of its interaction with regulators in this instance. However, that hasn’t always been the case. In 2019 the Securities and Exchange Commission (SEC) in the United States fined technology company Block.one, which at that time was responsible for the EOS ICO. All things considered, the sanction was recognized by most in the crypto space as being very much on the lighter end.Fostering Web3 growthJapan’s crypto ecosystem has been actively seeking ways to integrate and foster the growth of the Web3 industry. Its regulators have been lauded more recently, given that Japanese customers of failed crypto platforms like FTX were protected from those failures due to regulatory rules that insisted upon crypto platforms ring-fencing and safeguarding user funds.There have also been several initiatives taken to collaborate with international regulators on developing regulatory standards relative to digital assets. Earlier this month, the Japanese Financial Accounting Standards Foundation (FASF) met with the Korea Accounting Institute (KAI) to work on establishing accounting standards for digital assets.Japan’s Financial Services Authority (FSA) is also participating in Singapore’s Project Guardian, an initiative driven by the Monetary Authority of Singapore (MAS) to explore the potential of digital assets.Prime Minister Fumio Kishida’s supportive stance on Web3, describing it recently as “the new form of capitalism,” further reinforces Japan’s ambitions to establish itself as a hub for cryptocurrency activities. This regulatory nod for EOS could potentially mark the beginning of a broader trend, attracting more projects and investments to the Japanese crypto sector.