In a bold move, Terraform Labs, the company behind the troubled TerraUSD stablecoin and LUNA, is gearing up to challenge the U.S. Securities and Exchange Commission (SEC) in court over the $5.3 billion fine.
The company is pushing for a significantly reduced penalty of just $1 million, citing jurisdictional issues and disputing the regulator’s allegations of fraud.
Terraform Labs, led by co-founder Do Kwon, finds itself at the center of a legal storm following the collapse of the TerraUSD (UST) stablecoin in 2022. The SEC has accused the company of orchestrating a massive crypto asset securities fraud, allegedly raising billions from investors through unregistered transactions between April 2018 and May 2022.
However, Terraform Labs vehemently denies these allegations, arguing that most token sales occurred outside U.S. regulatory jurisdiction. The company contends that there is insufficient evidence linking its activities to the substantial investor losses associated with the TerraUSD collapse. As a result, they are pushing for a drastic reduction in the proposed fine to just $1 million.
The SEC, on the other hand, stands firm on its accusations and proposed penalty. The regulator claims that Terraform Labs’ actions resulted in catastrophic losses for investors, totalling a staggering $40 billion. Thus, it emphasizes the need for accountability and deterrence in cases of securities fraud, particularly within the crypto market.
This legal showdown follows Terraform Labs’ filing for Chapter 11 bankruptcy protection in January 2024, citing estimated assets and liabilities ranging between $100 million and $500 million. Meanwhile, Kwon faces extradition to the U.S. from Montenegro, where he fled after South Korean authorities issued an arrest warrant for him in late 2022. Interestingly, he has been sentenced to a four-month prison term by a Montenegro court for forging passport documents.
RELATED: Montenegro’s Government Grants Extradition Request for Former Terraform Labs CFO to South Korea
As both parties brace for a protracted legal battle, Kwon faces the uncertainty of extradition to either the U.S. or South Korea, and the final ruling on the SEC’s proposed fine is pending a court decision.
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