• 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

Bitcoin Market Cap Falls Below Major Tech Firms Amid Economic Pressures

chest

Bitcoin's market cap has dropped to roughly $146 trillion, placing it below several major technology companies and commodities in global asset rankings.

user avatarKaterina Papadopoulou

Sui Blockchain Outages Lead to Major Liquidations

chest

The recent outages of the Sui blockchain have led to significant liquidations for leveraged traders, with long positions accounting for 172 million of the 188 million in SUI liquidations recorded.

user avatarMaya Lundqvist

Sui Blockchain Suffers Third Outage in Less Than 48 Hours

chest

The Sui blockchain has faced its third outage in under 48 hours, severely impacting leveraged traders and leading to significant liquidations.

user avatarLeo van der Veen

Bitcoin Price Momentum Indicator Remains Negative, Signaling Market Weakness

chest

The Bitcoin Price Momentum indicator has shown a negative trend since May 22nd, indicating weakening market conditions and potential volatility in the cryptocurrency market.

user avatarLi Weicheng

Short-Term Bitcoin Holders Move 107,760 BTC Amid Market Concerns

chest

Short-term Bitcoin holders moved 107,760 BTC, indicating potential capitulation amid market concerns.

user avatarAisha Farooq

Bitcoin Expected to End May in the Red Amid Bear Market Trends

chest

Bitcoin is projected to end May 2026 in the red, continuing a historical trend where the cryptocurrency has never posted three consecutive months of positive performance during bear market years.

user avatarTenzin Dorje

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.