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Fraud Defense Sees Terraform Labs Pursue Access to FTX Wallets

Policy & Regulation·July 21, 2023, 1:56 AM

Terraform Labs, the Singapore-based cryptocurrency firm at the center of a lawsuit filed by the United States Securities and Exchange Commission (SEC) in February, is taking steps to bolster its defense against fraud charges.

Photo by Anete Lusina on Pexels

 

Subpoena for debtors’ records

According to a motion filed with the FTX bankruptcy court in Delaware on Wednesday, the company is seeking permission from a judge to subpoena data from the bankrupt crypto exchange. The filing shows that Terraform’s legal team is requesting access to information about digital wallets utilized by short sellers between March and May 2022.

The company believes that its algorithmic stablecoin’s collapse was not a result of natural market forces but rather a coordinated attack by short sellers, potentially involving Alameda Research, FTX’s sister company.

The motion states: “To establish these defenses, TFL needs Debtors’ records about wallets, accounts, and assets used to transact on the FTX International and US exchanges and sales/offers of large volumes of cryptocurrencies developed by TFL, if any, by FTX Trading and West Realm Shires Services Inc. d/b/a FTX US.”

 

Alleged securities fraud

The SEC’s lawsuit, filed on February 16, accuses Terraform Labs and its founder, Do Kwon, of orchestrating a multi-billion dollar crypto asset securities fraud. The regulator alleges that Terraform offered unregistered securities through its algorithmic stablecoin, TerraUSD (UST), and the Terra Luna (LUNA) token. The failure of Terraform in 2022 led to a staggering loss of over $40 billion in the crypto markets.

The motion also targets Jump Trading, another entity accused by the SEC of colluding with Terraform to manipulate the price of the UST stablecoin. Jump Trading is facing a separate lawsuit in Illinois in the US, accused of purchasing millions of UST tokens in 2021 as part of an agreement with Terraform to maintain the stablecoin’s peg to $1.

“Defendants misrepresented UST’s recovery by claiming that the algorithm was able to restore and maintain the price peg. According to the SEC, UST instead recovered its price peg because Defendants entered an arrangement with a U.S. trading firm, Jump Trading, […] to purchase substantial amounts of UST to support the price,” reads the court filing.

 

Jurisdictional arguments

Aside from its pursuit of FTX’s data, Terraform is also seeking to dismiss a class-action lawsuit in California, having already sought to have the SEC lawsuit dismissed. The company argues that since it is based in Singapore, US securities laws referenced in the lawsuit are not applicable to its foreign-developed protocols.

Using a similar jurisdictional argument, Do Kwon also tried to conceal documents held in Singapore by the Singaporean company from the SEC, but he failed in that endeavor.

Another significant development at Terraform has seen a new CEO appointed to lead the troubled company. According to a report in the Wall Street Journal on Wednesday, Chris Amani, who has been acting as Terraform’s Chief Operating Officer and Chief Financial Officer up until now, has been appointed as CEO.

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Policy & Regulation·

Aug 19, 2023

Taiwan Proposes New Crypto Business Category

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Policy & Regulation·

Aug 01, 2023

Bank of Korea Explores Jeju, Busan, and Incheon for Citizen-Centric CBDC Pilot Test

Bank of Korea Explores Jeju, Busan, and Incheon for Citizen-Centric CBDC Pilot TestThe Bank of Korea (BOK) is reportedly reviewing three potential locations for a pilot test of a citizen-centric payment system utilizing the Korean Won central bank digital currency (CBDC). Instead of choosing Seoul, the nation’s capital city, the BOK is considering Jeju, Busan, and Incheon for the pilot. That’s according to local tech news outlet IT Chosun.The three cities have been selected as possible testbeds, and discussions with commercial banks are ongoing to move the project forward. Once a city is chosen, the BOK will collaborate with local retailers, including hypermarkets, to test the CBDC payment and distribution system.Photo by Ethan Brooke on UnsplashRegional currency modelThe CBDC test will be limited to a specific area, operating similarly to regional currencies issued by municipal governments to stimulate local economies. The CBDC wallet app will be available to all citizens, but its usage will be restricted to retailers in the designated area. Presently, Jeju, Busan, and Incheon already have their own regional currencies managed by local banks and financial institutions.However, implementing the CBDC system poses technical challenges. In remote tests last year, the BOK discovered that transaction speeds for small transfers were slower compared to traditional payment processing providers in regions outside the Seoul Metropolitan Area.Against this backdrop, the BOK seeks to recruit an unusually large number of tech experts in order to build a large-scale system for small payments. The bank has been actively hiring individuals for this purpose since the beginning of the year.CBDC test next yearWith the test scheduled for next year, the BOK aims to promptly select the test destination based on the system’s expected performance, estimated user numbers, and potential economic impact.While Busan is more or less shunned due to its large population, Jeju is emerging as a preferred choice. However, the final decision has been tentatively postponed due to internal issues within the BOK.Following the pilot test results, the BOK may gradually broaden the scope of the CBDC system. Meanwhile, in a similar development, China began its CBDC pilots in 2020 and has now expanded its CBDC use to 26 cities across 17 provinces.According to a BOK official, the Korean central bank is making seamless preparation for the test and engaging in discussions with commercial banks to explore their operating models and devise effective implementation strategies.

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Web3 & Enterprise·

Nov 13, 2024

AEON launches on BNB to expand crypto payments in Asia

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