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News

Do Kwon Lawsuit Continues Tension With Important Ruling From Judge

December 29, 2023 - Around 2 mins mins to read

Key Points:

  • The judge confirms LUNA, UST, wLUNA, and MIR as securities, dismissing Terraform’s claim that they weren’t.
  • The Do Kwon lawsuit proceeded to a January 29, 2024, trial, with Terraform Labs vowing to contest the SEC’s allegations related to the UST collapse in May 2022.
In a significant development, a U.S. federal judge has sided with the Securities and Exchange Commission (SEC) in a case against Terraform Labs and its former CEO, Do Kwon.
Do Kwon Lawsuit Continues Tension With Important Ruling From Judge

Read more: Do Kwon Extradition Decision Is Currently Having Difficulties Before Deadline

Judge Rules LUNA, UST, wLUNA, and MIR as Securities in Do Kwon Lawsuit

The ruling, issued by U.S. District Judge Jed Rakoff on Thursday, determined that Terraform Labs violated U.S. law by failing to register two digital currencies, LUNA and MIR, which collapsed in 2022.

In the Do Kwon lawsuit, the SEC alleged that Terraform Labs and Kwon offered and sold unregistered securities, including LUNA, UST, and MIR. The court granted summary judgment in favor of the SEC, highlighting the failure to register the aforementioned digital currencies.

While denying summary judgment on the SEC’s fraud claims, Judge Rakoff has set a trial date for January 29, 2024, dismissing claims related to illegal security-based swaps. Terraform Labs, expressing strong disagreement with the decision, asserted that its tokens were not securities and vowed to continue defending against what they termed the SEC’s “meritless” fraud claims.

Judge Rakoff, in his ruling, emphasized that UST, LUNA, wLUNA, and MIR are considered securities under the Howey test. The upcoming trial will now focus on the SEC’s fraud allegations against Terraform and Kwon, filed in February.

The Do Kwon lawsuit originated from the collapse of UST, an algorithmic stablecoin, in May of the previous year, leading to a significant loss of value and a prolonged crypto winter. The SEC not only seeks to label Terraform’s cryptocurrency issuance as illegal unregistered securities offerings but also accuses Kwon of deceiving investors about the nature and security of UST’s peg to $1.00.

This ruling comes amid other legal challenges for Kwon, who faces criminal charges from the Department of Justice, including eight counts of fraud. Kwon was arrested in Montenegro in March after fleeing charges in South Korea.

DISCLAIMER: The information on this website is provided as general market commentary and does not constitute investment advice. We encourage you to do your own research before investing.

do kwon

Jed Rakoff

LUNA

MIR

SEC

UST

wLUNA

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Author

Harold

With a passion for untangling the complexities of the financial world, I've spent over four years in financial journalism, covering everything from traditional equities to the cutting edge of venture capital. "The financial markets are a fascinating puzzle," I often say, "and I love helping people make sense of them." That's what drives me to bring clear and insightful financial journalism to the readers of Coincu.
News

Do Kwon Lawsuit Continues Tension With Important Ruling From Judge

Key Points:

  • The judge confirms LUNA, UST, wLUNA, and MIR as securities, dismissing Terraform’s claim that they weren’t.
  • The Do Kwon lawsuit proceeded to a January 29, 2024, trial, with Terraform Labs vowing to contest the SEC’s allegations related to the UST collapse in May 2022.
In a significant development, a U.S. federal judge has sided with the Securities and Exchange Commission (SEC) in a case against Terraform Labs and its former CEO, Do Kwon.
Do Kwon Lawsuit Continues Tension With Important Ruling From Judge

Read more: Do Kwon Extradition Decision Is Currently Having Difficulties Before Deadline

Judge Rules LUNA, UST, wLUNA, and MIR as Securities in Do Kwon Lawsuit

The ruling, issued by U.S. District Judge Jed Rakoff on Thursday, determined that Terraform Labs violated U.S. law by failing to register two digital currencies, LUNA and MIR, which collapsed in 2022.

In the Do Kwon lawsuit, the SEC alleged that Terraform Labs and Kwon offered and sold unregistered securities, including LUNA, UST, and MIR. The court granted summary judgment in favor of the SEC, highlighting the failure to register the aforementioned digital currencies.

While denying summary judgment on the SEC’s fraud claims, Judge Rakoff has set a trial date for January 29, 2024, dismissing claims related to illegal security-based swaps. Terraform Labs, expressing strong disagreement with the decision, asserted that its tokens were not securities and vowed to continue defending against what they termed the SEC’s “meritless” fraud claims.

Judge Rakoff, in his ruling, emphasized that UST, LUNA, wLUNA, and MIR are considered securities under the Howey test. The upcoming trial will now focus on the SEC’s fraud allegations against Terraform and Kwon, filed in February.

The Do Kwon lawsuit originated from the collapse of UST, an algorithmic stablecoin, in May of the previous year, leading to a significant loss of value and a prolonged crypto winter. The SEC not only seeks to label Terraform’s cryptocurrency issuance as illegal unregistered securities offerings but also accuses Kwon of deceiving investors about the nature and security of UST’s peg to $1.00.

This ruling comes amid other legal challenges for Kwon, who faces criminal charges from the Department of Justice, including eight counts of fraud. Kwon was arrested in Montenegro in March after fleeing charges in South Korea.

DISCLAIMER: The information on this website is provided as general market commentary and does not constitute investment advice. We encourage you to do your own research before investing.
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