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.

Tier I

Sector: #18291

Sealed Hiding Place Room

Resource Cache

Resource Cache

Tier I

Requires 25% Tier Progress to Claim
Meme Cache

Meme Cache

Tier I

Requires 50% Tier Progress to Claim
Equipment Cache

Equipment Cache

Tier I

Requires 75% Tier Progress to Claim

After collecting, hiding places will be stored in your inventory and can be opened with Keys.

Other news

Wall Street Banks Bullish on SPCX Stock

Two major Wall Street banks, Mizuho and Morgan Stanley, have expressed a bullish outlook on SpaceX stock (SPCX), with price targets of $200 and $300 respectively.

user avatarMaya Lundqvist

Elon Musk Optimistic About SpaceX AI Developments

Elon Musk expresses optimism about SpaceX's AI developments, expecting significant advancements in the coming months.

user avatarKaterina Papadopoulou

MEXC Introduces MEXC CLI for Enhanced AI Trading Experience

MEXC introduces MEXC CLI, a command-line tool that allows users to connect their AI agents directly to the trading platform for seamless trading execution.

user avatarLeo van der Veen

XRP Reaches New All-Time High After SEC Settlement

XRP has surged to a new all-time high of 365 in July 2025 following a settlement in the SEC vs Ripple lawsuit.

user avatarAisha Farooq

Warren Buffett's Berkshire Hathaway to Earn $848 Million from Coca-Cola Dividends

Warren Buffett's Berkshire Hathaway is set to earn $848 million in dividends from Coca-Cola due to its long-term investment since 1994.

user avatarTenzin Dorje

Coca-Cola to Pay Quarterly Dividends on October 1, 2026

Coca-Cola announces a quarterly dividend of $0.53 per share to investors before the ex-dividend date of September 15, 2026, payable on October 1, 2026.

user avatarLi Weicheng

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.