• 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

Old Bitcoin Wallet Activates After Over a Decade

chest

A Bitcoin address that had been inactive since November 2013 has suddenly moved its entire holdings to a new wallet, generating significant interest among traders.

user avatarMaria Fernandez

XRP Encounters Resistance and Support Zones.

chest

XRP price is currently trading above 14350 and is facing significant resistance levels near 14550 and 14620.

user avatarLuis Flores

Zcash Foundation's SEC Review Ends Favorably

chest

The SEC has concluded its review of the Zcash Foundation without recommending enforcement action, easing regulatory concerns for the privacy coin.

user avatarRajesh Kumar

Grayscale Takes a Step Towards Zcash Spot ETF

chest

Grayscale has filed to convert its Zcash Trust into a spot exchange-traded fund (ETF), potentially allowing regulated exposure to Zcash in the US market.

user avatarGustavo Mendoza

XRP Price Recovery Phase Started

chest

XRP price has started a recovery wave, showing positive movement above key resistance levels.

user avatarMiguel Rodriguez

Hayes Highlights Risks and Opportunities in Crypto Markets

chest

Hayes highlights the risks and opportunities in crypto markets driven by geopolitical tensions and AI-driven inflation.

user avatarArif Mukhtar

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.