SEC Victorious in Unregistered Securities Lawsuit Against Terraform Labs, Trial Scheduled for January 2024

SEC Victorious in Unregistered Securities Lawsuit Against Terraform Labs, Trial Scheduled for January 2024


US Judge Sentences Crypto Entrepreneur and Terraform Labs for Violating US Law

In a significant ruling with potential implications for the crypto industry, a federal judge has found cryptocurrency entrepreneur Do Kwon and his company Terraform Labs guilty of violating US law. The ruling came after the downfall of the TerraUSD and Luna currencies. US District Judge Jed Rakoff, presiding over the case in Manhattan, sided with the US Securities and Exchange Commission (SEC) in a lawsuit against Kwon and Terraform Labs.

Terraform Labs to Face Trial on Fraud Claims

The judge’s ruling denied summary judgment to both parties on the SEC’s fraud claims, setting the stage for a trial scheduled for January 29, 2024. However, Rakoff dismissed the SEC’s claims that the defendants illegally offered security-based swaps. Terraform Labs disagreed with the decision and vowed to continue defending against what it deemed “meritless” fraud claims during the trial.

TerraUSD and Luna Collapse Results in Loss of Billions

TerraUSD, a stablecoin designed to maintain a constant $1 price, and Luna, a token with fluctuating value tied to TerraUSD, suffered a devastating collapse resulting in an estimated loss of $40 billion or more. The SEC argued that these assets qualified as unregistered securities. The regulator also accused Terraform Labs and Do Kwon of misleading investors about the stability of TerraUSD and making false claims about potential value appreciation.

Judge Rakoff Affirms Crypto Assets as Securities

Judge Rakoff declared that there was “no genuine dispute” that the four crypto assets met the definition of securities based on a 1946 US Supreme Court ruling. This ruling established that an investment involving money in a common enterprise, with profits derived solely from others’ efforts, qualified as an investment contract. The judge acknowledged that reasonable jurors could differ in their interpretation of whether the defendants intended to defraud investors through multiple statements about Terraform Labs’ business. The SEC’s remedies for selling unregistered securities will be determined once the defendants’ liability on the fraud claims is resolved.

Implications for the Crypto Industry

The outcome of this trial could have a significant impact on the broader cryptocurrency industry, potentially shaping the regulatory landscape and investor protections. As the trial approaches, it remains to be seen how this ruling will influence future legal cases and the overall development of the crypto sector.

Hot Take: Federal Judge Sentences Crypto Entrepreneur for Violating US Law

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A federal judge has ruled against cryptocurrency entrepreneur Do Kwon and his company Terraform Labs, finding them guilty of violating US law by failing to register two digital currencies. This landmark ruling has far-reaching implications for the crypto industry, with potential impacts on regulation and investor protections. The downfall of TerraUSD and Luna currencies led to an estimated loss of $40 billion or more. The judge affirmed that these assets qualify as securities, based on a 1946 Supreme Court ruling. As the trial proceeds, all eyes are on how this case will shape future legal battles and influence the crypto landscape.

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