• 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

Aptos Introduces Token Burn Mechanisms and Adjusts Staking Rewards

chest

Aptos plans to strengthen token burn dynamics and adjust staking rewards to support network security and reduce inflation.

user avatarZainab Kamara

Aptos Proposes Major Economic Shift to Capped Token Supply Model

chest

Aptos is transitioning to a capped token supply model with a hard cap of 21 billion APT tokens and reduced staking rewards to align supply with network activity.

user avatarSon Min-ho

Litecoin Price Stabilization and Technical Analysis Indicate Potential Bullish Trend

chest

Litecoin's price has stabilized around 53 after a significant drop since January, with technical analysis indicating a potential bullish trend.

user avatarAyman Ben Youssef

Institutional Growth Provides Long-Term Support for Solana

chest

Institutional growth provides long-term support for Solana, with a 59% quarter-over-quarter increase in RWA value driven by tokenized treasury products, and total value locked nearing $10 billion.

user avatarTando Nkube

American Bitcoin Corp Reaches 6,000 BTC Milestone Amidst Market Challenges

chest

American Bitcoin Corp has reached a significant milestone by holding 6,039 BTC, making it one of the top 20 public corporate Bitcoin treasuries globally.

user avatarKofi Adjeman

Potential Rebound for Bitcoin as Seasonal Tax Refunds Expected

chest

Analysts suggest that upcoming seasonal tax refunds could provide a liquidity boost for Bitcoin markets, potentially supporting a rebound.

user avatarNguyen Van Long

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.