• 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

2 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.

0

Rewards

chest
chest
chest
chest

More rewards

Discover enhanced rewards on our social media.

chest

Other news

Dogecoin's Price Analysis Indicates Potential Surge

chest

Analyst Ali Martinez discusses the implications of Dogecoin's current position within a Parallel Channel, indicating a potential price surge if support holds.

user avatarGustavo Mendoza

Qubic to Launch Dogecoin Mining on April 1

chest

Qubic announces the launch of its Dogecoin mining operations on April 1, 2026, integrating it into their decentralized computing network.

user avatarRajesh Kumar

Revised Editorial Guidelines Highlighting Improved Precision and Objectivity.

chest

A new editorial policy has been established to ensure accuracy, relevance, and impartiality in reporting.

user avatarMiguel Rodriguez

House Financial Services Committee to Hold Hearing on Tokenization

chest

The House Financial Services Committee will hold a hearing on tokenization, focusing on the integration of securities products onto blockchain platforms.

user avatarArif Mukhtar

Hearing to Address Regulatory Challenges of Tokenized Financial Products

chest

The upcoming hearing will address regulatory challenges and the classification of tokenized financial products, with a focus on industry perspectives.

user avatarLuis Flores

Solana Faces Price Decline Below Key Support Levels

chest

Solana's price has failed to stabilize above 92, leading to a decline below key support levels.

user avatarMaria Gutierrez

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.