Litigation set to fuel Bitcoin accumulation at Genius Group

About three years ago, in March 2021, the South Korean financial regulators implemented the Specific Financial Transaction Information Act to ensure that local cryptocurrency exchanges provide safe and sound crypto trading services to investors. It was also a move to prevent exchanges and investors from engaging in illicit money laundering practices.  However, the law has come across as a hassle to many crypto exchanges, as they were required to undergo verification processes to prove their reliability and to receive real-name accounts from banks. These accounts enable their users to trade crypto against the Korean won, helping exchanges stand out in the fiercely competitive crypto market amid surging Bitcoin prices. At the moment, only five crypto exchanges in Korea are qualified to provide such services. Bithumb, one of these few qualified fiat-to-crypto exchanges, has renewed its real-name account contract with NH Nonghyup Bank (NH Bank) for six more months, according to local news media Yonhap News Agency. Photo by Robin Jonathan Deutsch on UnsplashVarious factors in play for relatively short renewalCrypto insiders say that extending the contract for only six months appears to be quite a conservative move, as Bithumb has been making a year-long contract with NH Bank every year since 2018. Experts suggest various factors may have influenced Bithumb's decision, including the volatile crypto market, the Virtual Asset User Protection Act becoming effective in July and the exchange's planned initial public offering (IPO).  Some say the relatively short renewal of the contract comes after a flurry of complaints from Bithumb users about the unfavorable user experience, including the cumbersome process they must go through to increase the deposit limit of their real-name accounts linked to Bithumb. This appeared to have prompted Bithumb to feel reluctant about the 6-year-long collaboration and seek a partnership with another bank such as KB Kookmin Bank or the online-only Kakao Bank, according to local media Bizwatch. One bank official said that the relatively short renewal reflects Bithumb and NH Bank's commitment to addressing the inefficiencies of crypto transaction services, as the two companies plan to enhance their investor experience and marketing efforts over the next six months.  Crypto boom drives partnership between exchanges and banks NH Bank appears to be persuading Bithumb to maintain their partnership, one bank official said, because providing real-name accounts to crypto exchanges not only benefits exchanges but also banks. Having young crypto investors – mostly in their 20s to 40s – open real-name accounts at banks is seen as a significant opportunity to expand their customer base. One crypto insider said the ability to issue real-name accounts usually puts banks in a superior position when entering a partnership with crypto exchanges, but that doesn't seem to be the case in times like this when the crypto market is bullish more than ever.  

SEC Opposes Motion to Dismiss Terraform Labs LawsuitLawyers representing the United States Securities and Exchange Commission (SEC) have responded to a motion to dismiss the lawsuit filed by Dentons, the lawyers representing Singapore-based Terraform Labs and its Founder Do Kwon.Photo by Miguel Á. Padriñán on PexelsCourt filingAccording to its arguments, set out in a court filing lodged to the District Court of the Southern District of New York on Thursday, the SEC’s counsel claims that the additional documents provided by Dentons lack sufficient grounds for dismissing the case.It claims that the internal SEC emails presented by Dentons are irrelevant to the current lawsuit. The SEC asserts that the parameters of an “investment contract” are clearly defined by the Howey test and argue that TerraUSD ($UST) should be classified as a security.The reliance by US regulators on the Howey test, a legal test case that implicated citrus grove contracts that date back to 1946, has proven to be controversial. Naturally, there could have been no consideration of the digital innovation that digital assets present today almost eighty years ago. Notwithstanding that, the SEC maintains that the principle factors of what constitutes an investment contract are covered by the case regardless.During the court hearing held on June 15, Dentons submitted supplementary documents to strengthen their motion to dismiss the lawsuit. The primary focus of the hearing was to determine whether the digital assets developed by Terraform Labs should be categorized as securities based on the criteria of an “investment contract.”Dentons maintains that the algorithmic stablecoin, $UST, should not be considered a security and emphasizes its practical purpose rather than its classification as an investment contract. To support their motion, Dentons included additional documents such as the US House Financial Services Committee hearing on digital asset regulation and stablecoin issuance, the SEC’s request for a restraining order against Binance.US, and the Hinman emails from the SEC vs. Ripple lawsuit.Judge to decideThe defense lawyers highlighted what they perceive as a “regulatory gap” in classifying crypto assets as securities, particularly as the US Congress engages in discussions about regulatory frameworks for digital assets and stablecoin issuance. Furthermore, they argued that the SEC is exceeding the scope of securities laws and relying on internal emails related to “investment contracts” to determine the security status.A decision on the motion to dismiss will be arrived at by July 14. Judge Jed Rakoff, who is presiding over the case, will be responsible for that, once he’s weighed up the merits of the arguments presented by both parties.It is noteworthy that Dentons has previously represented Kwon in challenging the US SEC’s subpoena during the investigation of the Mirror Protocol in 2021, as well as in a class-action lawsuit in the Singapore High Court in 2022. The law firm also provides representation to Terraform Labs in other legal matters.In a separate development, the Basic Court in Podgorica, Montenegro, has granted bail for Kwon and former Terra Chief Technology Officer Han Chang-joon. However, Kwon has recently been taken into custody for extradition in Montenegro while the court deliberates on South Korea’s extradition request for the Terra founder.As the legal proceedings continue, the outcome of the motion to dismiss will have significant implications for the ongoing dispute between Terraform Labs, Do Kwon, and the SEC.

Tether fueling Cambodia’s dark economy despite banDespite being officially prohibited for trade in Cambodia, Tether (USDT), the leading USD stablecoin, has been found to be integrated into the Southeast Asian nation’s shadow economy.That’s according to a report published by the South China Morning Post (SCMP) on Sunday. The publication cites security experts, who it claims have highlighted the pivotal role of USDT, emphasizing its low fees and unrestricted capability to expedite the movement, concealment and laundering of money.Photo by DrawKit Illustrations on UnsplashPig butcheringThe U.S. Department of Justice’s November seizure of nearly $9 million traced to over 70 victims of online scams underscored Tether’s involvement. Collaborating with Tether Holdings and the crypto trading platform OKX, the investigation identified assets linked to “pig butchering” cyber scams in Southeast Asia, freezing an additional $225 million. While specific details regarding the origin of these assets remained undisclosed, Southeast Asia, including Cambodia, has emerged as a hub for money laundering related to online gaming and cyber scams.Cybersecurity expert Ngo Minh Hieu from the Vietnamese government’s National Cyber Security Centre warned of the susceptibility of cryptocurrencies to scams and Ponzi schemes, particularly targeting less informed investors. This heightened risk has spurred a surge in money laundering and online scams, leading to a spike in arrests.Official line versus realityIn many jurisdictions, the official line taken on cryptocurrency and digital assets doesn’t necessarily reflect the reality. China clamped down on crypto trading and mining a number of years ago. Despite that, a Wall Street Journal investigation earlier this year found that global crypto exchange Binance had a thriving China-centric business.The same seems to be true in Cambodia with respect to its official ban on crypto. Owners of both physical and online crypto exchanges in Phnom Penh openly admit to providing a parallel financial service in the developing economy. The prevalence of neon signs advertising exchange rates in Chinese yuan for USDT underscores the widespread usage of Tether in the region, particularly within Cambodia’s dark economy.Critics chime inNews of the illicit use of Tether in Cambodia has prompted a response from long-standing critics of the company. Tether’s harshest critic has been a pseudo-anonymous persona on the X platform with the username “Bitfinex’ed.” That account wrote:”Tether. The choice for organized crime & criminals. Giancarlo Devasini once said, ‘We’re going to have to learn to bank like criminals.’”Despite its role in facilitating illicit activities, the extent of Tether’s penetration into Cambodia’s economy remains challenging to ascertain. Globally, approximately 84 billion USDT is in circulation, with banks, exchanges and platforms flourishing, leveraging social media and encrypted channels to advertise seamless and reliable digital solutions for money flow challenges.One such platform, Huione Pay, operates in a bank-like setting, engaging customers in discussions about USDT exchange options. A closer look at Huione’s publicly available USDT exchange activities reveals insights into Tether’s role in enabling transactions within Cambodia.Some conversations in Chinese seek “pure white assets,” indicating funds from legitimate sources, while others do not request such provenance. These exchanges also advertise products and services crucial to scam operators, such as the sale of SIM cards from different countries.