• 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

Other Crypto-Related Stocks Suffer Losses

chest

Other crypto-related stocks experienced significant losses in recent trading sessions, with BitMine and Sharplink falling 46.2% and 61.4%, respectively.

user avatarLeo van der Veen

Binance Being Examined for Possible Breaches of Sanctions.

chest

Senator Richard Blumenthal has raised concerns about Binance's potential involvement in facilitating violations of US and international sanctions related to Iran.

user avatarLi Weicheng

US Treasury Targets Iranian Crypto Exchanges with New Sanctions

chest

The US Treasury has announced new sanctions targeting Iranian crypto exchanges, including Nobitex, to combat the regime's use of digital assets for evading international restrictions.

user avatarAisha Farooq

Democrats Raise Alarm Over DOL's Crypto Investment Proposal for 401k Plans

chest

Democratic lawmakers raise concerns over a DOL proposal allowing 401k investments in cryptocurrencies, warning it could risk $142 trillion in retirement savings.

user avatarTenzin Dorje

BNB Chain Positioned for Growth Post-CLARITY Act

chest

Grayscale's Head of Research identifies BNB Chain as a leading ecosystem poised to capture institutional flows following the anticipated CLARITY Act.

user avatarElias Mukuru

VanEck Launches First US Spot ETF for BNB

chest

VanEck has launched the first US exchange-traded fund (ETF) providing spot exposure to BNB, marking a significant milestone for the BNB Chain ecosystem.

user avatarBayarjavkhlan Ganbaatar

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.