Korea’s FSS Seeks to Protect Investors from Crypto Exploit Losses

Do Kwon Loses Fight to Conceal Singapore RecordsDo Kwon, the founder of Terraform Labs has failed in his attempt to deny the United States’ Securities and Exchange Commission (SEC) from accessing company records in Singapore.©Pexels/George BeckerIn February, the SEC filed a complaint against Terraform Labs and its founder in a US court. The move followed an investigation that the agency had carried out into the collapse of a number of digital assets established by the company. The lawsuit claims that both the company and Do Kwon had engaged in fraud, together with the sale of unregistered securities to US citizens.Jurisdictional challengeLawyers for Do Kwon had claimed that in trying to access documents related to the Singapore-domiciled company, the SEC was acting far beyond its jurisdiction. According to court filings, his defense team argued that Do Kwon is a Singapore resident while Terraform Labs is a Singapore-based company that operates on a global basis and not specifically in the United States.The filing pointed to the fact that the Terraform Labs CEO had “limited contact with the US.” “Most of the company’s business is essentially global, and it’s not specifically aimed at the United States,” it stated.His lawyers had filed a request for the SEC to withdraw its documentation request. In a recent hearing, US District Judge Jed Rokoff turned down Terraform’s request. The documents are understood to be held by the Monetary Authority of Singapore (MAS) although the specific nature of the documentation sought remains unclear.The SEC claims that in founding the Terra US dollar stablecoin (TUSD) and associated cryptocurrency LUNA, Terraform Labs and Do Kwon were responsible for wiping out more than $40 billion dollars in value following their collapse. The Luna Foundation Guard (LFG), which was established to provide funds to keep the TUSD stablecoin at a $1 value, is another entity that the SEC intends to access documents from with the court’s permission. Singaporean police had stated last month that they had launched an investigation into the collapse of the TUSD stablecoin.Meanwhile, both the South Korean and US authorities are seeking the extradition of Do Kwon to face related charges. He was arrested last month in the southeastern European country of Montenegro where he was charged with having used forged documentation to enter the country. Although he had denied it on social media, in effect Do Kwon had been on the run from the reach of South Korean authorities over the course of a number of months, spending a portion of that time in Montenegro.Asset huntAn investigation by authorities in South Korea in recent weeks revealed that they were unable to find any assets held in the country owned by the Terraform Labs founder. The trail in chasing down any such assets has led to the United States. It is understood that Do Kwon bought real estate in the United States under his mother’s name. This is a common tactic for those who attempt to evade future confiscation of assets.Earlier this week, South Korean prosecutors confirmed that they are investigating a transfer of funds by Do Kwon to a leading law firm based in Seoul.

Bitcoin is facing growing uncertainty as it trades near $90,000, down nearly 30% from its October peak of $126,000. While the cryptocurrency remains under pressure, investors are increasingly focused on Tokyo, where a potential change in monetary policy could tighten global liquidity. According to CoinDesk, which cited a report from Nikkei, the Bank of Japan (BOJ) is expected to raise its policy rate by 25 basis points to 0.75%, a move that would push borrowing costs to their highest level in nearly three decades. Historically, a stronger yen has often been associated with weaker Bitcoin performance amid tighter global liquidity.Photo by Kanchanara on UnsplashYen carry trade in focusThe report suggested that higher rates could unwind the yen carry trade, a strategy in which investors borrow cheap yen to fund positions in higher-yielding assets such as stocks and U.S. Treasuries. A similar dynamic played out following the Japanese central bank’s July hike, which precipitated a market-wide selloff that dragged Bitcoin from roughly $65,000 down to $50,000. However, CoinDesk noted that a recurrence of such volatility cannot be assumed. It added that speculative positioning is already skewed toward yen strength, while steadily rising Japanese bond yields suggest monetary policy is adjusting to prevailing market realities. Institutional skepticism toward BitcoinBeyond the macroeconomic landscape, fundamental skepticism remains entrenched among traditional finance heavyweights. John Ameriks, Vanguard’s global head of quantitative equity, said at Bloomberg’s ETFs in Depth conference that the asset behaves more like a speculative digital collectible, comparable to a Labubu toy, than a conventional investment, citing its lack of income generation, compounding, and cash-flow characteristics. Ameriks’ comments follow Vanguard’s move earlier this month to permit trading of select third-party crypto ETFs. He said the decision was based in part on the funds’ ability to establish a track record since their January 2024 launch. While acknowledging that Bitcoin could theoretically offer value during periods of high inflation or political instability, he maintained that its history remains too short to draw conclusions. Bullish case for BitcoinA contrasting view was offered by Katherine Dowling, president of the Bitcoin Standard Treasury Company. Speaking with DL News, Dowling projected that Bitcoin would surge to $150,000 by the end of 2026. She pinned this bullish outlook on favorable U.S. regulatory shifts, increased liquidity from Federal Reserve rate cuts, and sustained institutional adoption via ETFs.The perceived influence of institutional flows was also underscored by a recent weekly survey of 2,000 South Korean investors conducted by CoinNess and Cratos. The data showed that 42.3% of respondents view flows into and out of spot Bitcoin ETFs as the primary price driver. Monetary policies in major economies like the U.S. and Japan ranked second at 26.7%, while 16.3% pointed to shifts in equity markets. Another 11.5% attributed price action to the halving cycle, and 3.4% said they could identify no specific catalyst.

Japan plans to require cryptocurrency exchanges to maintain reserves to cover potential losses from hacking incidents, according to a Nov. 24 Nikkei report cited by local outlet New Economy. The measure is designed to ensure that service providers can compensate users in the event of a breach. Authorities are expected to set the reserve level after reviewing past hacking cases and examining how much traditional securities firms set aside. While crypto exchanges are currently required to store customer assets in cold wallets, they are not obligated to maintain any dedicated pool of funds for compensating losses, and the proposed framework is intended to close that gap.Photo by Jen Titus on UnsplashReserve rules mirroring brokerage standardsThe Financial System Council, which operates under the Financial Services Agency (FSA), will finalize a report on the proposal and draft a bill for submission to next year’s regular Diet session. The legislation would amend the Financial Instruments and Exchange Act (FIEA). The FSA is turning to the FIEA because the reserve framework is modeled on existing rules for securities companies, which must maintain designated reserves to compensate clients for losses stemming from errors or other improper activities. These measures follow earlier reports that similar requirements are being considered for third-party custody providers that hold crypto assets on behalf of exchanges. These external custodians have not been directly overseen, but the FSA now plans to require them to report their activities in advance. The push to reinforce customer protections comes as Japan’s crypto market continues to expand. In a sign of that growth, mobile payment platform PayPay last week enabled transfers between PayPay Money balances and Binance Japan. The new feature allows deposits from 1,000 yen, with limits of 1 million yen per 24 hours and 2 million yen per 30 days. Until now, funding or withdrawing from Binance Japan’s spot trading services was limited to yen bank transfers or transactions through external exchanges and wallets. Accumulation grows amid market pullbackJapanese companies have also continued to accumulate Bitcoin. According to Decrypt, Metaplanet, a former hotel operator that now positions itself as a Bitcoin treasury firm, said on Nov. 25 that it plans to use its Bitcoin holdings as collateral for a $130 million loan to purchase additional Bitcoin. The Tokyo Stock Exchange-listed firm currently holds 30,823 BTC and aims to expand its position to 210,000 BTC by 2027. Another publicly traded company, nail-salon operator Convano, has taken a similar approach, recently adding 97.67 BTC to bring its total to 762.67 BTC, according to BitcoinTreasuries.NET. This accumulation has continued despite Bitcoin’s recent decline. The cryptocurrency has fallen nearly 20% over the past month and is now trading just below $92,000. Citing analysis from 10x Research CEO Markus Thielen and Nansen research analyst Nicolai Søndergaard, Yonhap Infomax pointed to several factors behind the pullback. Thielen highlighted $3.5 billion in outflows from spot Bitcoin ETFs this month and roughly $800 million in stablecoins leaving the market. Søndergaard noted that long-term holders have been selling, adding that such activity has historically appeared early in Bitcoin’s four-year market cycle. Bitcoin’s most recent halving occurred on April 20, 2024, roughly 19 months ago. Market watches upcoming policy movesFrom a broader macro perspective, Reuters reported that the Bank of Japan (BOJ) could raise interest rates as early as next month amid pressure from a weakening yen. The timing remains uncertain, with the decision seen as hinging in part on the U.S. Federal Reserve, which sets policy one week before the BOJ. According to CME Group’s FedWatch Tool, markets currently assign an 84.9% chance of a 25-basis-point Fed rate cut in December. A Fed hold or a more hawkish tone could lift the dollar, further weaken the yen, and increase pressure on the BOJ to act sooner. A Fed cut, by contrast, could ease that pressure but raise questions about the U.S. outlook and the trajectory of future BOJ hikes. Monetary decisions in the coming weeks are expected to influence crypto markets, as lower interest rates generally support demand for risk assets such as Bitcoin. With both the Fed and the BOJ poised to set policy in December, market participants are watching for how shifts in liquidity and currency moves could shape the next phase of digital asset prices.