• Dapps:16.23K
  • Blockchains:78
  • Active users:66.47M
  • 30d volume:$303.26B
  • 30d transactions:$879.24M
SEC seeks ruling on Terraform Labs unregistered securities

SEC seeks ruling on Terraform Labs unregistered securities

user avatar

by Liza Tanasova

3 years ago


The Securities and Exchange Commission (SEC) is seeking Judge Jed Rakoff's decision on whether Terraform Labs and its former CEO, Do Kwon, engaged in the sale of unregistered securities, as reported by Blockworks. The SEC is urging to bypass a jury trial, asserting that the question is legal and should be determined by the court, not a factual inquiry for the jury.

In a filing on December 4, the SEC argued that Terra, in its opposition filing to the SEC's motion for summary judgment, failed to challenge the SEC's claim that it sold and offered unregistered securities in the form of cryptocurrencies. The SEC's legal team believes that the undisputed facts presented in previous filings are sufficient to meet the governing legal standard, allowing Judge Rakoff to make a ruling. The SEC contends that the case is straightforward, warranting a summary judgment, a practice commonly employed in such legal circumstances.

This legal strategy parallels the SEC's approach in the Ripple case, where a summary judgment was granted earlier this summer, although the final decision was not entirely in favor of the regulatory agency. In the Ripple case, Judge Analisa Torres ruled that the programmatic sales of Ripple's XRP did not pass the Howey test, while institutional sales constituted an unregistered securities offering.

Judge Rakoff, who presides over the Terra case and is also a district judge for the Southern District of New York, did not appear to align with Judge Torres's ruling in the Ripple case earlier this summer. When Terraform attempted to leverage the Ripple decision to dismiss its case, Rakoff denied the motion. He emphasized the differences between the Ripple and Terra cases, citing the SEC's allegations that Terraform had the motive to mislead investors about the utility of their crypto-assets. Rakoff's opinion further stated that his court rejects the approach recently adopted by another judge in a similar case, referencing the SEC's case against Ripple. According to Rakoff, the Howey test does not differentiate between institutions that purchase crypto directly or those who acquire assets via secondary transactions.

chest
chest
chest

Rewards

chest
chest
chest
chest

More rewards

Discover enhanced rewards on our social media.

chest

Other news

Ninth Circuit Court Rules in Favor of Perplexity's AI Shopping Tools

chest

A federal appeals court has ruled in favor of Perplexity, allowing its AI shopping tools to operate on Amazon, overturning a preliminary injunction that blocked them.

user avatarRajesh Kumar

SanDisk Stock Reclaims 1,400 Level Amid Bullish Predictions

chest

SanDisk stock has reclaimed the 1,400 level, closing at 1,427 after a low of 998 during the July crash, attracting bullish predictions from Wall Street.

user avatarMiguel Rodriguez

China's New Digital Payment System Aims to Challenge US Dollar

chest

China is developing a digital payment infrastructure to facilitate cross-border trade without relying on the US dollar, aiming for dedollarization and financial sovereignty.

user avatarLuis Flores

Emergence of New Luddite Movement Against AI Data Centers

chest

Tennessee state Rep Justin Pearson has emerged as a leading voice in the New Luddite movement, advocating for moratoriums on data centers and stricter oversight of AI technology.

user avatarArif Mukhtar

Nationwide Protests Against AI Data Centers Lead to Arrests

chest

At least 37 individuals have been arrested during protests against AI data centers across the United States this year.

user avatarMaria Gutierrez

Coinkite's Technical Analysis Reveals Coldcard Vulnerability

chest

Coinkite published a technical backgrounder explaining the vulnerability that led to the Bitcoin theft from Coldcard wallets.

user avatarDavid Robinson

Important disclaimer: The information presented on the Dapp.Expert portal is intended solely for informational purposes and does not constitute an investment recommendation or a guide to action in the field of cryptocurrencies. The Dapp.Expert team is not responsible for any potential losses or missed profits associated with the use of materials published on the site. Before making investment decisions in cryptocurrencies, we recommend consulting a qualified financial advisor.