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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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Web3 & Enterprise·

Aug 22, 2023

Chung-Ang University to Issue Blockchain-Based Certificates

Chung-Ang University to Issue Blockchain-Based CertificatesChung-Ang University, a post-secondary institution in South Korea, on Monday announced plans to implement a system that distributes blockchain-based digital OmniOne badges to students upon accomplishment of tasks such as the completion of courses or extracurricular activities. By doing so, the school aims to leverage blockchain technology to secure digital records of students’ educational backgrounds, thereby creating a more solid foundation for the cultivation of young global talent.Photo by Josefa nDiaz on UnsplashElevating identity verificationThe badges are a blockchain-based software as a service (SaaS) tailored for identity authentication and built on Raon Whitehat’s decentralized identity platform, OmniOne. Raon Whitehat is the blockchain service provider of Korean tech security firm RaonSecure.As a certification tool customized for Chung-Ang students, the badges can showcase progress and achievements in learning, skills, and experience as well as keep records of awards, licenses, and endorsements.“By providing blockchain-powered digital badges, we aim to support individuals in building their expertise and competencies,” said Park Sang-gue, the school’s President.Bringing blockchain technology to the campusThe school said it would run a trial for the system from the end of this month to January next year, then officially implement it starting in next year’s spring semester. It will be applied first to the LG PerfecTwin education curriculum, which the school jointly operates with IT solutions provider LG CNS, and the industrial security convergence program. Students can pass exams and successfully participate in discussions to receive digital badges, which can be managed on the university’s e-portfolio portal.The university also plans to eventually bring the badges to other subjects like artificial intelligence (AI) and the metaverse, then expand the system outside of the classroom so students can use the badges when going through employment processes, academic competitions, and certification acquisitions.Chung-Ang is also working to establish a system where non-fungible token (NFT) degrees and digital badges can be managed together in a single digital wallet. It had formerly worked with Raon Whitehat last year to issue NFT degrees to some 2,000 graduates.Furthermore, the school plans to solidify a support system for global talent development by collaborating with overseas educational institutions and global corporations.“We will provide a safe and convenient learning experience, continuously expand domestic and international partnerships, and create a foundation for students to grow as global talents,” President Park emphasized.

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Web3 & Enterprise·

Oct 13, 2023

Indonesian Food Industry Conglomerate Embraces Blockchain Tech

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Web3 & Enterprise·

Sep 21, 2023

Korbit Joins Hands with Shinhan Card and Good Neighbors for NFT Campaign

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