• 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.

0

Rewards

chest
chest
chest
chest

More rewards

Discover enhanced rewards on our social media.

chest

Other news

Current Price Action of XRP Amid Market Decline

chest

Crypto analyst CasiTrades provides an update on XRP's price action, noting it is defending key support levels.

user avatarKenji Takahashi

Brad Smith's Message to Graduates: Embrace AI with Caution

chest

Brad Smith, Microsoft's vice chair and president, addresses the class of 2026, acknowledging their concerns about AI's impact on job opportunities and urging a balanced approach to innovation.

user avatarMaria Fernandez

Coinbase Unveils Coinbase for Agents, Empowering AI in Cryptocurrency Trading

chest

Coinbase has launched Coinbase for Agents, a tool that enables AI systems to trade cryptocurrencies and manage portfolios on behalf of users.

user avatarGustavo Mendoza

Bitcoin Enters Final Phase of Bear Market

chest

A crypto analyst has indicated that Bitcoin is in the final phase of its bear market, projecting further volatility and a potential price bottom.

user avatarRajesh Kumar

Hedgeye Introduces New Hedged Bitcoin ETF to Mitigate Risk

chest

Hedgeye has filed for a new Bitcoin ETF that aims to combine exposure to spot ETFs with an options overlay designed to reduce volatility and manage downside risk.

user avatarMiguel Rodriguez

Ethereum Open Interest Hits Record High on Binance Amid Market Uncertainty

chest

Binance has recorded a new all-time high in Ethereum open interest, signaling renewed speculative demand despite market uncertainties.

user avatarLuis Flores

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.