• 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 dapp_writer003

a year 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

Share

Other news

XRP Reaches New Heights, Breaking the $0.72 Barrier

XRP price surpasses $0.72, marking a significant increase after a period of stagnation.

user avatar

3 minutes ago

Top Altcoins to Invest in November 2024

Promising altcoins: RCO Finance, Chainlink, and Sui show significant growth in November 2024.

user avatar

3 minutes ago

Pepe Supports Trump: New Solana Memecoin with 18,000% Growth Potential

Pepe Supports Trump, a new memecoin in the Solana ecosystem, could grow 18,000%, like Shiba Inu and Dogecoin.

user avatar

4 minutes ago

Ripple Faces Legal Challenges and Hopes for Regulatory Change

Ripple battles legal issues, hoping for a shift in regulations with the new U.S. president.

user avatar

4 minutes ago

Record Bitcoin Growth Linked to Halving and Its Impacts

Bitcoin prices rise post-halving, supply constraints create bubbles.

user avatar

4 minutes ago

Post-Halving Bitcoin Price Surge: Expert Analysis

Bitcoin price surge post-halving: Experts discuss the reasons and prospects.

user avatar

4 minutes ago

dapp expert logo
© 2020-2024. DappExpert. All rights reserved.
© 2020-2024. DappExpert. All rights reserved.

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.