• 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

Japan Tightens Access to Crypto Through Regulated Exchanges

chest

Japanese authorities are enforcing stricter access to cryptocurrency platforms, limiting services to those that comply with domestic regulations.

user avatarRajesh Kumar

PEPE Token Shows Strong Performance Against Major Cryptocurrencies

chest

PEPE token showed strong performance with a 146% increase against USD, maintaining stability and key support levels.

user avatarJesper Sørensen

Vitalik Buterin Emphasizes Individual Sovereignty in Ethereum Development

chest

Vitalik Buterin emphasizes the importance of individual sovereignty in Ethereum development, urging developers to prioritize resilience over convenience.

user avatarLucas Weissmann

Institutional Interest in Ethereum Grows Amid Regulatory Clarity

chest

Institutional investors are increasingly building on Ethereum due to clearer regulatory frameworks in the U.S., leading to a surge in stablecoin transfer volume.

user avatarFilippo Romano

Technological Advances Transform Fan Engagement in Sports

chest

Technological advancements in streaming and AI are reshaping how fans engage with sports content.

user avatarEmily Carter

DGrid Unveils Innovative Proof of Quality Mechanism

chest

DGrid unveils its Proof of Quality mechanism to ensure AI result reliability in a decentralized network.

user avatarKaterina Papadopoulou

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.