Terraform Labs and its co-founder, Do Kwon, are actively seeking vindication in their ongoing battle with the U.S. Securities and Exchange Commission (SEC). They have petitioned Judge Jed Rakoff of the U.S. District Court for the Southern District of New York to rule in their favor. Their main contention is that the SEC, even after a two-year deep dive into their operations, still needs to demonstrate that the crypto giant offered securities convincingly.
Moreover, the backdrop to this tussle is significant. Terraform Labs, once valued at $40 billion, experienced a devastating financial calamity in 2022. This catastrophe was not just a blow to the company but also set off a series of unfortunate events for several other noteworthy crypto enterprises. Additionally, the collapse of Terraform’s TerraUSD stablecoin (UST) and its Luna cryptocurrency led to the SEC alleging massive fraudulent activities, with accusations of selling unregistered securities costing investors billions.
However, Terraform still needs to be addressed. They have countered by questioning the validity of the experts the SEC brought on board. The firm highlighted a “conceptually flawed” analysis presented by a Rutgers University professor. The company’s resilience is also evident from their earlier endeavors, where they tried to get the case entirely dismissed. While this initial effort didn’t see success, Rakoff did acknowledge that the SEC’s claims held some merit, thereby placing the case within the jurisdiction of the agency’s securities enforcement.
Furthermore, the firm’s co-founder, Kwon, is ensnared in a separate but related legal quandary. He has resisted the SEC’s attempt to interrogate him stateside about the precipitous downfall of Terraform’s tokens. Kwon’s legal counsel contends that having him testify in the U.S. is unfeasible since he is detained in Montenegro. South Korean and U.S. agencies have also expressed their intent to extradite him. The SEC, on the other hand, has maintained its silence on these recent developments and has yet to issue a formal response.
