HAQQ Network co-founder points to Indonesia’s crypto hub potential

Hong Kong Deems Crypto as PropertyIn dealing with a case involving defunct Hong Kong-based cryptocurrency exchange Gatecoin, a Hong Kong judge has determined cryptocurrency as being property “capable of being held in trust.” Presiding over the case, Justice Linda Chan stated recently that Hong Kong takes a broad definition of what constitutes property.©Pexels/mitbg000Digital assets held in trustHaving expended efforts to try and recover funds from a former payments service provider that the company had partnered with, Gatecoin announced that it would shut down the business and commence the liquidation of the business in 2019. With bankruptcy proceedings being notoriously slow, that process continues today, resulting in Justice Chan’s recent determination.The notion of property held in trust is a common theme that has been explored in a number of cryptocurrency business bankruptcy processes recently, including the BlockFi, Celsius and FTX processes.Gatecoin has not proven to be any different in this regard. Liquidators had turned to the Hong Kong courts for direction as to how creditors’ digital assets, as held on the platform, should be defined. If property is deemed to have been held “in trust”, then that determination has implications for the owner of those assets relative to the bankruptcy proceedings.In the case of BlockFi, a determination was made in a US court that those who had simply custodied digital assets with the platform without earning any yield were property owners and that they should have their assets returned.The importance of Terms of Service (ToS)Alex Mashinsky, the founder and CEO of failed crypto lending competitor Celsius outlined to service users on a number of occasions that the assets remained their property even though his company used customer assets for various trading activities. The bankruptcy judge reached a different determination based on the terms of service. Service users had acknowledged in signing off on Celsius’ terms of service that assets held on the platform that accessed yield-bearing products became the property of Celsius when deposited within those products on the Celsius platform.Although it has not been dealt with yet, 1.4 million creditors relative to the bankruptcy process of failed cryptocurrency exchange FTX are likely to discover later this year if they can claim “in trust” property rights. An ad hoc group of creditors has taken legal action for the return of their digital assets on the basis of an assertion that the assets remained their property when transferred onto the platform.ImplicationsWhilst a seemingly uninteresting determination to anyone less informed about such bankruptcy proceedings, such decisions can have profound consequences. In a bankruptcy process, there is a hierarchy of creditors, with some having greater rights than others when it comes to the distribution of bankruptcy estate funds. Recognition of assets being held in trust as property would likely take those property owners out of the bankruptcy process, allowing the return of their funds (where available) while others who are classified as creditors get a distribution of whatever funds are left in the bankruptcy estate thereafter.Additional complexityGatecoin’s case was further complicated by the existence of various sets of terms of service. In two of the three instances, the court found that no trust language existed. There is one subset of creditors who may have the ability to claim their digital assets as property. The liquidators have agreed to identify them and contact them in that regard.While the process may be proving to be a minefield for Gatecoin’s creditors, it has served a broader purpose in crypto more generally as it has provided yet another opportunity for another jurisdiction, in this instance Hong Kong, to provide some more clarity with regard to the legal status and standing of cryptocurrency.

Fraud Defense Sees Terraform Labs Pursue Access to FTX WalletsTerraform 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 PexelsSubpoena for debtors’ recordsAccording 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 fraudThe 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 argumentsAside 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.

IEEE to deploy skill certificates on blockchain for Indian membersThe Institute of Electrical and Electronics Engineers (IEEE), a professional association boasting a membership of over 75,000 in India, has chosen the Avalanche blockchain as the primary settlement layer for issuing tamper-evident certificates.Photo by Vishnu Mohanan on UnsplashIntegrating Avalanche blockchainIndia holds the second-largest IEEE membership base globally outside the United States, making this move a significant development in secure credentialing.According to a report by Cointelegraph on Wednesday, Avalanche’s C-Chain will serve as the key settlement layer for IEEE’s certificate issuance due to its compatibility with the Ethereum Virtual Machine (EVM). The decision aims to provide an ecosystem that meets the requirements for tamper-proof, instant and secure verification processes for all trainees and users receiving IEEE credentials.Zupple Labs collaborationThe blockchain certificates will be issued through LegitDoc, a blockchain-based credential lifecycle management system developed by Zupple Labs. Neil Martis, Co-Founder of Zupple, noted that the Indian public sector has shown increased willingness to implement full-fledged blockchain projects over the past 12 months, moving beyond pilot initiatives.This is the latest project in recent weeks that has seen Zupple Labs play a key role in enabling the real-world use of blockchain. Through a collaboration with the Indian Web3 startup in October, the Hindustan Petroleum Corporation (HPCL) streamlined its purchase order process, issuing tamper-proof digital purchase orders via LegitDoc.Avalanche expands into IndiaDevika Mittal, Head of Avalanche’s India arm, emphasized the significance of Avalanche’s EVM compatibility in simplifying the deployment of widely used applications, including credential registries and identity management. She pointed out that reputable institutions like SK Planet and JP Morgan Onyx prefer Avalanche as their go-to blockchain.Mittal has been a key hire for Avalanche blockchain developer Ava Labs recently as part of its efforts to target significant expansion within India. Earlier this year, the company collaborated with China’s Alibaba Cloud, the cloud computing subsidiary of e-commerce behemoth Alibaba Group, assisting with the building of a launchpad that will enable the deployment of metaverses.The partnership between IEEE and Zupple Labs is poised to bring about the issuance of numerous tamper-proof engineering credentials in India. This collaboration underscores the growing acceptance of blockchain in education credentialing, setting a powerful precedent for broader participation in the Web3 landscape.In an interview, Martis expressed the flexibility of their approach, stating:“We would be experimenting with new platforms as additional parallel settlement layers as suitable new tech emerges.”This reflects an openness to exploring evolving blockchain technologies while maintaining a commitment to ensuring the immutability, longevity and security of the solutions.The IEEE-Zupple Labs collaboration aligns with the trend of blockchain integration in educational and professional spheres, offering a glimpse into the future of secure and efficient credentialing systems. As the second-largest membership base outside the United States, India plays a pivotal role in shaping the trajectory of blockchain adoption within professional associations like IEEE.