Judge Backs SEC in Battle Against Do Kwon & Terraform Labs

• The Securities and Exchange Commission is pursuing bringing Terraform Labs Do Kwon to justice.
• The SEC has scored a win in court.
• The parties are slated for trial in the upcoming year.

The U.S. Securities and Exchange Commission (SEC) has been on a year-long pursuit of Terraform Labs and its founder, Do Kwon, following the collapse of the stablecoin UST. The commission made several allegations against the firm and Kwon, including manipulating Terra tokens and financial fraud. 

While the elusive maneuvers of the disgraced founder have posed a challenge to efforts to bring him to justice, the SEC has remained relentless, now scoring a win and edging a step closer.

Judge Rules UST and LUNA Securities

On December 28, U.S. Judge Jed Rakoff of the District Court for the Southern District of New York ruled in favor of the Securities and Exchange Commission (SEC) regarding allegations that Terraform Labs and its founder, Do Kwon, offered and sold unregistered securities. 

The judge emphasized that “there is no genuine dispute that UST, LUNA, wLUNA, and MIR are securities because they are investment contracts,” underscoring that Terraform Labs, under the governance of Do Kwon, violated the U.S. Securities Act.

While the ruling represents a victory for the SEC, Judge Rakoff denied the requested summary judgment on the posed fraud allegations from both sides but scheduled a jury trial set to commence on January 29, 2024.

The SEC is not the only regulatory authority searching for accountability for the Terra Luna collapse.

Triple Trouble For Do Kwon

Earlier this year, South Korea , the United States, and Singapore initiated separate investigations into Terraform Labs and its founder, Do Kwon. 

Each country sought to uncover the events leading to the de-pegging of Terra Luna’s stablecoin and bring the disgraced crypto mogul to justice for his alleged crimes.

However, the unanimous champion of hide seek pulled sneaky tactics and continued to evade authorities before being convicted in Montenegro on charges of document forgery.

A Montenegro judge signed a motion to extradite Kwon, deciding on the United States as the Terra Founder’s destination. The success was short-lived, however, as Kwon’s defense team filed an appeal that ultimately saw the decision overturned .

Do Kwon faces several allegations, including market law violations and the orchestration of a fraudulent scheme. He would serve a jail sentence of up to 40 years if convicted.

On the Flipside

• The Terra Luna crash wiped out over $60 billion from the crypto industry.
• While the extradition has been delayed, Do Kwon is likely to be sent to the United States.
• Do Kwon has consistently denied the charges against him.

Why This Matters

The judge’s ruling validates the SEC’s allegations against Terraform Labs and Do Kwon and adds a complex layer to his already delicate legal battle.

Read more about the Do Kwon-SEC battle:
SEC Targets Terra Co-Founder with LUNA, USTC Collapse Lawsuit  

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