• 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

Tesla Stock Anticipated to Surge Following Grok AI Launch

chest

Tesla stock is expected to rise following the launch of the Grok AI Assistant, which introduces new features for users.

user avatarGustavo Mendoza

Tesla Launches Grok AI Assistant in Europe, Boosting Stock Potential

chest

Tesla has launched its Grok AI Assistant in the UK and European markets, enhancing its vehicle software capabilities.

user avatarRajesh Kumar

China Boosts Oil Imports from Russia as India Shifts Focus

chest

China has significantly increased its oil imports from Russia after India ceased procurement under a US trade deal.

user avatarMiguel Rodriguez

Strategy's Bitcoin Accumulation Continues Despite Market Fluctuations

chest

Strategy has been consistently adding to its Bitcoin holdings for 12 weeks, despite market fluctuations.

user avatarLuis Flores

Fraudulent Letters Target Crypto Hardware Wallet Owners

chest

Crypto hardware wallet users are receiving fake letters impersonating Trezor and Ledger, designed to steal digital assets.

user avatarArif Mukhtar

Claver Defends His XRP Predictions Amid Criticism

chest

Jake Claver defends his strong beliefs about XRP's future despite criticism regarding his previous predictions.

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.