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DeFiance Capital notches up another legal victory in 3AC dispute

Web3 & Enterprise·February 02, 2024, 2:09 AM

In the ongoing legal tussle over cryptocurrency assets, the High Court of Singapore has rejected a plea by the bankrupt crypto hedge fund Three Arrows Capital (3AC) to dismiss a lawsuit filed by Arthur Cheong, the founder of Web3 investment firm DeFiance Capital.

 

This ruling represents a pivotal moment in the $140 million dispute, shedding light on the ownership and control of assets, while building upon DeFiance Capital’s previous success back in August of last year in having its preference for jurisdiction in Singapore endorsed.

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Photo by Tingey Injury Law Firm on Unsplash

Recognizing assets held in trust

On Jan. 26, a Singapore judge ruled against 3AC's request to have Cheong’s claim thrown out, stating that DeFiance Capital has adequately demonstrated the existence of a Singapore-based trust safeguarding its assets. This revelation could potentially shield DeFiance Capital from 3AC's liquidators, marking a crucial juncture in the legal battle.

 

The dispute traces back to an agreement where Cheong was set to launch an independent fund on the 3AC Group platform, with ownership and control vested in DeFiance Capital. This fund, leveraging 3AC's infrastructure, faced disagreements over the transfer of certain assets, whose undisclosed value became a point of contention in court documents.

 

The downfall of the $10 billion 3AC hedge fund, responsible for the "Super Cycle" thesis predicting perpetual crypto price increases, had widespread repercussions in the crypto industry. DeFiance Capital bore the brunt of this collapse and the recent court ruling brings the firm closer to resolving the aftermath favorably.

 

The ongoing argument holds strategic importance for DeFiance Capital, as the investment firm challenges any legal obligation for its shareholders to compensate 3AC creditors. "Wassielawyer," a pseudonymous restructuring attorney advising DeFiance Capital's founder Arthur Cheong, highlighted the significance of this stance on social media.

 

Positive sign

The judge's acknowledgment of the trust, while not conclusive, is viewed as a positive sign for DeFiance Capital. In a series of posts on the X social media platform, Wassielawyer outlined on Thursday that he sees this as "much-needed vindication" for Cheong, signaling a potential turn in favor of the investment firm.

 

Wassielawyer emphasized that DeFiance Capital merely utilized 3AC's legal structure, without commingling operations. This distinction becomes crucial as carefully drafted legal documents form the basis for 3AC creditors attempting to seize DeFiance Capital funds. The restructuring professional added:

”[DeFiance Capital] have on the basis of the substantive facts, ran an argument that the assets of DCs should not be used to pay back 3AC creditors. This eventuality would be manifestly unjust, enriching the creditors of 3AC at the expense of innocent DC investors.”

 

Once a major player in the crypto hedge fund arena, 3AC's demise resulted from exposure to Terra, staked Ethereum and Grayscale's Bitcoin Trust. The bankruptcy filing on June 30, 2022, marked the end of an era for the once-mighty fund.

 

Established in 2020, DeFiance Capital specializes in crypto investments, focusing on decentralized finance and GameFi. It has supported projects such as dYdX, Aave and Lido.

 

This decision establishes a precedent for similar cases, particularly in jurisdictions like Singapore, emerging as pivotal hubs for cryptocurrency and blockchain-related activities. The outcome holds implications for how such legal disputes will be handled in the future, shaping the landscape of crypto-related legal proceedings.

 

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Korbit and Shinhan Bank hold seminar to strengthen suspicious crypto transaction reporting

Korbit and Shinhan Bank hold seminar to strengthen suspicious crypto transaction reportingKorbit, one of the top five cryptocurrency exchanges in South Korea, revealed on Monday (local time) that it conducted a seminar in collaboration with Shinhan Bank last month aimed at enhancing the effectiveness of suspicious transaction report (STR) filings.Photo by Nick Fewings on UnsplashEnhancing suspicious transaction reportingThe seminar held at Korbit’s premises was a collaborative forum where experts from both the exchange and Shinhan Bank exchanged insights and engaged in a question-and-answer session. The agenda covered areas such as the writing of STR reports, monitoring based on particular themes and the education of staff members. The gathering featured key participants, including Jin Chang-hwan, Compliance Officer of Korbit, and Yoo Jung-yeol, Head of the Digital Assets Team at Shinhan Bank as well as personnel from both organizations involved in anti-money laundering (AML) initiatives.Focus on complianceEarlier this year, Korbit and Shinhan Bank held a meeting to go over the Financial Intelligence Unit’s (FIU) comprehensive evaluation of virtual asset service providers (VASPs). This evaluation examined how well VASPs complied with the Travel Rule. Additionally, the meeting allowed both organizations to exchange ideas on how to enhance their compliance processes. In a move ahead of the industry, Korbit in September became the first Korean crypto exchange to adopt new rules for real-name bank accounts, a policy that will become mandatory in January of the following year.Oh Se-jin, Korbit’s CEO, highlighted the increasing significance of filing STRs, citing recent FIU data that showed VASPs submitted more STRs in the first three quarters of this year than in the entirety of last year. He affirmed Korbit’s dedication to establishing itself as a secure and reliable cryptocurrency exchange through ongoing collaborations with Shinhan Bank.Meanwhile, Korbit has managed to cut down the review period for STRs to a third of its previous duration. Additionally, the exchange verifies the effectiveness of its STR rules by performing monthly evaluations and seeking advice from external consultants.

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