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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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Policy & Regulation·

Nov 22, 2023

Korea’s KFTC launches blockchain-powered loan service for public servants

Korea’s KFTC launches blockchain-powered loan service for public servantsThe Korea Financial Telecommunications and Clearings Institute (KFTC) today launched a new blockchain-based loan service tailored specifically for public servants. This initiative is a collaborative effort with the Government Employees Pension Service (GEPS) and involves five banks: BNK Kyongnam Bank, Busan Bank, Woori Bank, Kwangju Bank and Jeonbuk Bank.Photo by REDioACTIVE on PixabaySimplified loan processAdministered by GEPS, this loan program offers loans up to KRW 50 million (approximately $38,600) to government employees based on their projected retirement benefits and years of service. Leveraging the joint financial blockchain system, KFTC has established an infrastructure to issue and verify digital loan recommendation letters, simplifying the loan application process for public servants.Up until now, the loan application process has been cumbersome, requiring government employees to obtain a recommendation letter from GEPS and physically submit it at a bank branch. The new service streamlines this process by allowing them to apply for loans at bank branches or through mobile banking using digitized recommendation letters.More banks to joinKFTC and GEPS are set to increase the number of participating banks, allowing government employees to access loan services at a total of 10 banks. Furthermore, KFTC and GEPS intend to introduce additional financial products that utilize recommendation letters and verification processes underpinned by blockchain technology.The plan indicates that starting early next year, five additional banks will participate in this initiative. These banks are KB Kookmin Bank, Nonghyup Bank, Daegu Bank, Hana Bank and Korea Post.In a statement, KFTC stated its plans to further expand identification verification services within the financial sector, aiming to streamline the application processes for various financial products, including deposits and loans.

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Web3 & Enterprise·

Jul 31, 2025

Pyth Network brings Hong Kong stock pricing on-chain

Pyth Network, an oracle network that provides a bridge between blockchain smart contracts and real-world data, has added pricing data related to stocks listed on the Hong Kong Stock Exchange (HKEX) to its service offering. Data covering 85 stocksIn a social media post, the project stated that it’s “bringing the Hong Kong market onchain.” In building out the future of finance, DeFi application developers need real-world data from traditional finance sources. Pyth Network confirmed that real-time data in the case of 85 stocks listed on HKEX is now live. In announcing the development, the company disclosed that price feed data is updated every 400 milliseconds and sourced from institutional-grade venues. Once added to the Pyth Network, the data is made available on a multi-network basis across in excess of 100 blockchain networks.Photo by Anne Nygård on UnsplashGateway dataHKEX data is perceived to be significant given that it is a major global exchange, while acting as a key gateway between global and Chinese markets. Pyth Network stated: “Whether you’re building trading strategies, structured products, tokenized portfolios, or simply want access to real-world stock prices from Asia’s financial gateway, these feeds bring Hong Kong’s equity market onchain openly, instantly, and permissionlessly.” In a blog post published to its website on July 28, Pyth Network outlined that this data addition accounts for data related to companies that have a combined equity market value of over $5 trillion. The project stated that this new data is “giving builders, traders, and protocols around the world direct, real-time access to one of the largest financial markets on earth.” Improving access to APAC equitiesThe project made the point that for many years, access to real-time data from the primary markets within the Asia-Pacific (APAC) region has been cost-prohibitive. It claimed that data terminals with this information can cost in excess of $30,000 per year. Pyth Network feels that with its market offering now incorporating HKEX market data, it is opening up access to this data for developers and DeFi protocol projects. This development is the latest in a string of updates that the project has brought about recently. Earlier this month, the project announced a partnership with tokenized real-world asset (RWA) provider Ondo Finance. The deal sees the duo oversee the launch of a USDY/USD price feed, which will be distributed by Pyth across 65 blockchain ecosystems. Similar to its latest unlocking of HKEX equity data, in June it enabled access to real-time onchain pricing related to the UK’s most actively traded equities. Going forward, the company states that “foundational market data will be open, composably integrated, updated in real-time, and available to anyone with an internet connection.” In March 2024, Pyth’s price feeds went live on Injective inEVM, an Ethereum Virtual Machine (EVM)-compatible layer-2 rollup developed by Injective Labs. At the time of writing, the unit price of PYTH, Pyth Network’s native utility and governance token, was $0.1204, according to CoinGecko data.

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Policy & Regulation·

Apr 07, 2023

Korean Financial Regulator to Inspect Non-Fiat Crypto Trading Platform

Korean Financial Regulator to Inspect Non-Fiat Crypto Trading PlatformThe Financial Intelligence Unit (FIU) under the Korean Financial Services Commission (FSC) plans to launch a comprehensive inspection on crypto trading platform Fobl (previously known as Foblgate) from March 11.©Pexels/김 대정Unlike other major Korean crypto exchanges, such as Upbit or Bithumb, which allow trading between fiat currencies and cryptocurrencies, Fobl only offers trading between cryptocurrencies.Inspection on non-fiat exchangesThe FIU’s inspection of Fobl is a follow-up to the regulator’s inspection of GDAC, another Korean non-fiat crypto exchange. This suggests that the FIU will focus on inspecting non-fiat exchanges in the first half of this year.Many in the cryptocurrency industry have been paying attention to the FIU’s move after its first inspection of GDAC, as it could signal the direction in which the regulator would take. Earlier this year, the FIU announced that it would conduct inspections not only on non-fiat crypto exchanges but also on wallet solutions, custodians, and staking service providers. It is known that the FIU has been reviewing anti-money laundering (AML) systems and asset management statuses of these crypto enterprises.Fobl’s possible addition of fiat tradingThe Korean crypto industry suspects Fobl might transform itself into a fiat crypto exchange, considering the FIU’s notice that it will prioritize examining non-fiat exchanges that are preparing to support fiat trading.Fobl CEO’s take on the marketPrior to this news, Fobl CEO Ahn Hyun-joon said in a recent interview with Etnews that the platform is in talks with multiple banks to acquire real-name bank accounts and is complying with all the regulations required by the authorities. During the interview, he also raised concerns about the uncertainty that faces non-fiat crypto trading platforms, pointing out that 97% of the crypto trading in Korea is being carried out in crypto exchanges that support trading of Korean won.In Korea, the financial regulator requires virtual asset service providers (VASPs) offering trading in Korean won to hold real-name registered accounts at domestic banks as a measure to prevent money laundering.

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