USDT stablecoin receives full regulatory approval in Abu Dhabi

FTX, the failed cryptocurrency exchange founded by Sam Bankman-Fried, has taken legal action by filing a lawsuit against four former employees of Salameda, a Hong Kong-based affiliate closely linked to the exchange’s former CEO.According to a Delaware bankruptcy court filing in the United States on Thursday, the lawsuit alleges that five individuals exploited their personal connections to prioritize their asset withdrawals from FTX during a period of uncertainty regarding the exchange’s stability. The defendants in question are Salameda’s former employees — Michael Burgess, Matthew Burgess, Kevin Nguyen, and Darren Wong — as well as Michael and Matthew’s mother, Lesley Burgess, and two companies: 3Twelve Ventures and BDK Consulting.Photo by Bermix Studio on Unsplash Preference period clawbackThe critical withdrawals occurred within the 90-day period leading up to FTX’s bankruptcy filing on November 11, commonly referred to as the “Preference Period.” Under US law, customers who withdrew their crypto assets during this timeframe could potentially face lawsuits from the exchange’s creditors seeking to recover these funds, a process known as a “clawback” under bankruptcy regulations.The total value of these suspicious transfers is estimated at $157.3 million, with more than $123 million of that sum withdrawn after November 7, 2022. Michael Burgess is alleged to have received around $73 million of these illicit withdrawals.The lawsuit claims that the individuals leveraged their connections within FTX Group to ensure preferential treatment over other customers. In a specific accusation, Matthew Burgess is said to have engaged other FTX Group employees to expedite certain withdrawal requests from his FTX US exchange accounts while falsely representing the accounts as his own. 11th hour withdrawalsIn this way, Burgess and the other four defendants managed to get funds out when most other FTX customers couldn’t. The final withdrawals were executed only hours before FTX.com suspended all withdrawals on November 8, 2022, according to the lawsuit. As one commentator on X put it, “FTX employees were manually reviewing large withdrawals & pushing some ahead.”The legal filing also delves into the significant profits the defendants reportedly accrued from trading cryptocurrencies in the months leading up to FTX’s collapse. Even after their apparent departure from the FTX Group, Michael Burgess, Nguyen, and Wong actively traded through entities such as 3Twelve and BDK, with monthly trading volumes ranging from $100 million to $400 million.A noteworthy aspect of this activity is that their trading capital was allegedly derived from the FTX Group. The court filing goes on to claim that “Burgess, Nguyen and Wong received substantial transfers of digital assets and fiat currency from exchange accounts associated with FTX Group entities, including approximately 13.1 million FTT sent to Darren Wong, more than 1 million SOL sent to Michael Burgess, and nearly $4 million USD for ‘bonuses’ between Michael Burgess, Nguyen and Wong.” Retail clawback riskThis legal battle and the allegations against the former Salameda employees are being watched closely by other FTX bankruptcy stakeholders. The FTX Debtor has suggested that it will pursue clawbacks vigorously. That has concerned former retail customers who managed to withdraw assets in the final days before the platform collapsed. Equally, it is a worry for current FTX creditors who may have withdrawn some but not all of their assets before the exchange was shuttered.

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.

Circle Considers Issuing Stablecoin in JapanCircle, the US-headquartered payment services company and stablecoin issuer, is considering issuing a stablecoin in Japan following the implementation of new regulations on stablecoins.Jeremy Allaire, Co-Founder and CEO of Circle, expressed his interest in exploring partnerships in Japan due to the significant potential of the market under the new rules.Photo by Su San Lee on UnsplashGrowing importance of stablecoinsIn an interview with CoinDesk Japan recently, Allaire highlighted the growing importance of stablecoins in cross-border trade, foreign currency transactions, and global commerce. He believes that Japan, with its recently established framework for the use of overseas stablecoins, has positioned itself as a pioneering country in this regard. Allaire described the stablecoin bill as the Japanese government’s and the Financial Services Agency’s most significant achievement.The revised Payment Services Act in Japan recognizes stablecoins backed by legal tender as an “electronic payment method” and allows for their issuance. However, stringent rules are in place for stablecoin issuers.These include the requirement for stablecoins to be pegged to the yen or other legal tender and the guarantee of redeemability at face value for holders. Only licensed financial institutions, such as banks, registered money transfer agents, and trust companies, will be authorized to issue stablecoins.Breaking into AsiaAllaire emphasized Circle’s interest in establishing partnerships within Japan, a country he recently visited. Circle has already obtained a Major Payment Institution (MPI) license in Singapore, enabling the company to offer various digital payment services, cross-border money transfers, and domestic money transfer services.The Japanese market has witnessed major financial institutions exploring stablecoin initiatives. Mitsubishi UFJ Trust and Banking Corporation (MUFJ), for instance, announced its plans to launch its own stablecoin platform named Progmat last month. MUFJ also entered into a partnership with Japanese blockchain interoperability solutions provider, Datachain, recently. It’s thought that the move will facilitate both parties in undertaking further work on stablecoin-related initiatives.Circle’s consideration of issuing a stablecoin in Japan underscores the company’s recognition of the country’s regulatory advancements and the potential for stablecoin adoption. As stablecoins gain further traction globally, Japan’s new framework positions it as an important market for Circle and other players in the industry.It’s not just Japan that highlights the need for further stablecoin development. A new policy proposal was published in Hong Kong earlier this week that made a point of urging the Hong Kong authorities to issue its own Hong Kong dollar-backed stablecoin.The objective of such an initiative would be to compete on an international basis with leading US dollar stablecoins such as Circle’s USDC and USDT/Tether. By being proactive in the Asia-Pacific (APAC) region, Circle could head off rising potential challenges such as that suggested by these stablecoin researchers in Hong Kong.The partnership opportunities in Japan align with Circle’s mission to facilitate efficient and secure digital transactions, and it will be intriguing to observe how the company navigates this emerging landscape in the months to come.