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Terraform Labs and Do Kwon agreed to pay a $4.5 billion fine in the SEC fraud case

According to court documents filed by the U.S. Securities and Exchange Commission (SEC) on Wednesday, Terraform Labs and its former CEO Do Kwon have agreed to pay approximately $4.5 billion as part of a civil settlement. This follows the 2022 collapse of TerraUSD and Luna tokens, which resulted in investors losing approximately $40 billion.

Final judgment content

The judgment against Terraform includes $4.05 billion in restitution and interest, along with a civil penalty of $420 million.

The total judgment amounts to $4.55 billion, which includes a $80 million civil penalty against Kwon. He has agreed to be banned from engaging in cryptocurrency transactions and is required to transfer $204.3 million to Terraform's bankruptcy estate.

Terraform and Kwon have agreed to this judgment.

The U.S. Securities and Exchange Commission stated in a court filing, "This judgment will ensure maximum financial restitution to affected investors and permanently shut down Terraform. Therefore, the proposed judgment is fair, reasonable, and in the public interest.

UST was once one of the largest stablecoins by market capitalization

Before their collapse, TerraUSD (UST) and Luna were among the top cryptocurrencies in their respective categories. UST was one of the largest stablecoins by market capitalization. At its peak, UST was the third largest stablecoin, trailing only Tether (USDT) and USD Coin (USDC).

TerraUSD (UST) differs from traditional stablecoins in several key aspects: UST is an algorithmic stablecoin, which means it maintains its peg through different mechanisms. UST does not have backing from fiat reserves but utilizes an arbitrage system involving its sibling token Luna.

The algorithm adjusts the supply of UST and Luna to stabilize the price of UST. When the price of UST deviates from $1, traders can exchange Luna and UST to bring the price back in line. This is theoretically achieved through market incentives to maintain the peg.

This algorithmic mechanism carries additional risks. If the value of Luna sharply declines, it can trigger a death spiral, disrupting the stability mechanism. This was exactly what led to the collapse of UST and Luna in May 2022, when the market lost confidence in Luna, causing both Luna and UST to rapidly depreciate.

The collapse of UST had a significant impact on the stablecoin market

The collapse of UST raised serious doubts about the stability and feasibility of algorithmic stablecoins. While theoretically these stablecoins maintain their peg to fiat currencies through complex algorithms and incentive mechanisms, in practice, these mechanisms proved ineffective under extreme market conditions.

Investors and regulatory bodies are increasingly focusing on the transparency and reserve backing of stablecoins. Traditional stablecoins like Tether (USDT) and USD Coin (USDC) establish trust by disclosing their reserve holdings and undergoing regular audits. Following the UST incident, there is a growing preference in the market for stablecoins that have clear reserve backing and transparent auditing processes.

The collapse of UST has prompted regulatory agencies to consider strengthening oversight of stablecoins to protect investors and maintain financial stability. Stablecoins are not entirely risk-free financial instruments. Their stability and reliability depend on the soundness of their design, transparency, and support mechanisms. This event carries significant implications for the future development of the cryptocurrency market, potentially leading to stricter regulatory requirements and higher transparency standards.

More news about terraform us sec do kwon

  • Jun 13, 2024 2:07 pm
    Terraform Labs and Co-founder Do Kwon Face Final Verdict in SEC Case
    According to PANews, the Southern District Court of New York has issued a final verdict in the high-profile case brought by the U.S. Securities and Exchange Commission (SEC) against Terraform Labs and its co-founder, Do Kwon. The verdict found the defendants guilty of multiple violations of securities laws and imposed severe penalties and restrictions on their future activities, including a total fine of approximately $4.5 billion. The court documents dated June 12 reveal that the penalty amount includes $3.6 billion in disgorgement, $467 million in prejudgment interest, and $420 million in civil penalties. Kwon is jointly responsible for $110 million of the disgorgement and $14.3 million in estimated interest. Furthermore, Kwon must transfer various assets to Terraform's bankruptcy estate, including ownership rights of PYTH tokens and other assets. These assets will be used to pay the fines and distributed to damaged investors through a liquidation trust. The order allows Terraform Labs to treat the payable amounts as unsecured claims in its bankruptcy case, meaning the SEC will receive these funds after the implementation of Terraform Labs' bankruptcy protection plan according to the distribution priority. The SEC has the right to use all authorized collection procedures to enforce the court's judgment, including exercising the right to civil contempt of court within 30 days after the judgment if Kwon fails to comply with the transfer order. Kwon must also pay $204.3 million in relief funds, separating it from Terraform Labs' payment obligations, which includes $110 million in disgorgement, $14.3 million in pre-judgment interest, and an additional $80 million in civil penalties. The order shows that Terraform Labs and Kwon violated the anti-fraud provisions of Section 10(b) of the Exchange Act and Section 17(a) of the Securities Act. In addition, it permanently prohibits Terraform Labs and Kwon from trading unregistered securities, trading crypto asset securities, or inducing others to trade crypto asset securities, among other related restrictions. These restrictions allow Terraform to carry out certain transactions related to its bankruptcy case. With court approval, the company can dispose of its crypto assets in its bankruptcy estate, and must destroy wallet keys and burn tokens as required. Terraform Labs and Kwon are prohibited from conducting any trading activities on their platform, and cannot allow third parties to withdraw, unlock, and close positions on their platform. The order also permanently prohibits Kwon from serving as an executive or director of any issuer with registered securities categories or reporting obligations. The SEC began suing Terraform Labs and Kwon in February 2023, accusing the company of defrauding crypto asset investors, including through its now-defunct Terra USD (UST) stablecoin. In April of this year, the court found the defendants liable for fraud.
  • May 31, 2024 12:18 am
    Terraform, Do Kwon to reach fraud settlement with SEC
    Terraform Labs and CEO Do Kwon are finalizing a settlement with the SEC. Both parties are expected to submit the final terms for court approval by mid-June. source: https://cointelegraph.com/news/terraform-do-kwon-fraud-settlement-sec
  • Apr 05, 2024 10:57 pm
    Reuters: US SEC will ban Do Kwon and Terraform from entering the securities industry
    Laura Meehan, an attorney for the U.S. Securities and Exchange Commission, told a jury in Manhattan on Friday that Terraform Labs and its founder Do Kwon lied repeatedly about the success of the cryptocurrency platform, and that the platform's success story was "built on lies." In addition, the SEC is seeking civil economic penalties and will issue an order prohibiting Do Kwon and Terraform from entering the securities industry. It is reported that lawyers for Terraform Labs and its founder Do Kwon will make a final statement to the jury on the fraud charges brought against them by the U.S. SEC. (Reuters)
  • Mar 26, 2024 8:44 pm
    المعركة القضائية تشتعل بين Terraform ومؤسسها Do Kwon وبين SEC.. فما الذي يجري؟
    بدأت المحاكمة المدنية التي طال انتظارها بين Terraform Labs و مؤسسها المحاصر Do Kwon و بين هيئة الأوراق المالية و المنصات الأمريكية SEC يوم الاثنين في مانهاتن مما يمثل لحظة محورية في التدقيق المستمر في مجال العملات الرقمية و الرقابة التنظيمية. إقرأ أيضاً: هل انتهى تراجع البيتكوين قبل النصف؟ وكان Zack Guzmán مضيف Web3 الحائز … source: https://btcacademy.online/%d8%a7%d9%84%d9%85%d8%b9%d8%b1%d9%83%d8%a9-%d8%a7%d9%84%d9%82%d8%b6%d8%a7%d8%a6%d9%8a%d8%a9-%d8%aa%d8%b4%d8%aa%d8%b9%d9%84-%d8%a8%d9%8a%d9%86-terraform-%d9%88%d9%85%d8%a4%d8%b3%d8%b3%d9%87%d8%a7-do-kw/
  • Mar 09, 2024 1:41 am
    Former Terraform Labs CEO Do Kwon To Be Extradited To South Korea
    According to Blockworks, former Terraform Labs CEO Do Kwon is set to be extradited to South Korea following a ruling from the High Court of Montenegro. A spokesperson for the court explained that the decision is final unless Do Kwon's legal team appeals the ruling. According to legal documents filed last month, Do Kwon sought to be extradited to his home country of South Korea over the US. However, a court in Montenegro believed that the US first requested extradition and therefore was prioritized. Kwon's lawyer Goran Rodić wrote last month that the Minister of Justice at the time the extradition requests were received in March and April 2023 publicly stated that the request from South Korea arrived first and that the most recent decision of the High Court was erroneous. Kwon's team appealed the decision because they claimed the US was not the first country to make the request. The court sided with them, vacating the prior decision. The US Department of Justice confirmed to Bloomberg that the US plans to contest the extradition ruling. South Korea, meanwhile, told the media outlet that they had yet to hear from Montenegro officially. The Block reported Thursday that South Korean authorities sought assistance from Interpol to aid with the extradition. The Securities and Exchange Commission's case against Terraform Labs and Kwon is set to go to trial on March 25. The date was pushed back from the end of January so that Kwon could attend. However, his lawyers, in a court filing last month, said that the extradition was taking longer than expected. Kwon was arrested in Montenegro a year ago, in March 2023, for forged documentation, including a fake passport. Kwon's lawyers did not return a request for comment.
  • Jan 12, 2024 1:47 pm
    Do Kwon seeks to delay U.S. SEC's Terraform trial over extradition and attends
    Terra's former CEO Do Kwon is seeking to postpone his trial with the U.S. Securities and Exchange Commission (SEC) against him and his former company Terraform Labs to be able to appear after extradition. Due to uncertainty as to when he will be extradited from Montenegro to the United States, Do Kwon's lawyers have filed a request with the U.S. court to delay the trial. Kwon is expected to arrive in the United States as early as February or March, but if the court refuses to postpone the trial, Kwon's lawyers Request that the jury be instructed to understand the reasons for the absence. The trial is currently scheduled to begin at the end of January. (CoinDesk)
  • Nov 16, 2023 9:03 pm
    SEC Seeks Summary Judgment Against Terraform Labs and Do Kwon
    The post SEC Seeks Summary Judgment Against Terraform Labs and Do Kwon appeared first on Coinpedia Fintech News The SEC has requested summary judgment against Terraform Labs (TFL) and Do Kwon in their lawsuit alleging violations of securities and exchange laws. The SEC argues that TFL and Do Kwon created and marketed crypto assets such as LUNA and UST as securities, violating securities laws and defrauding investors of $45 billion. TFL and Do Kwon sold LUNA and MIR directly into public trading markets while misleading and deceiving investors about Chai and depegging events in 2021 and 2022. The SEC seeks summary judgment on all its claims, including that TFL and Do Kwon sold securities, investors in these Terra securities invested in a common enterprise, and defendants committed fraud. Terraform Labs and Do Kwon previously urged the court to dismiss the lawsuit, claiming that Terra Classic (LUNC), TerraClassicUSD (USTC), Mirror Protocol (MIR), and its mirrored assets (mAssets) are not securities, and there is no evidence to prove Bitcoin transferred to a Swiss bank for personal gains. However, the SEC’s request for summary judgment indicates that the agency believes it has sufficient evidence to support its claims.
  • Nov 03, 2023 12:36 pm
    SEC asks court for summary judgment against Do Kwon and Terraform
    The U.S. Securities and Exchange Commission (SEC) is asking a federal judge for summary judgment, saying there is "no material factual dispute" in the case against Do Kwon and Terraform. In the filing, the SEC reiterated the regulator's view that Kwon and Terraform sold securities and that Terraform and Kwon committed fraud and made misleading statements, and again emphasized that they deceived investors about the stability of UST and falsely stated Credits its algorithm for its price stability and secretly arranges for third parties to carry out the fraud. (CoinDesk)
  • Apr 22, 2023 9:55 am
    Do Kwon's lawyer: The US SEC has no basis for accusing Do Kwon and Terraform Labs of securities fraud
    Lawyers for former Terraform Labs CEO Do Kwon say the U.S. Securities and Exchange Commission (SEC) lawsuit alleging securities fraud between Do Kwon and Terraform Labs Pte is baseless, in part because the stablecoin in question is a currency, not a security. In asking the judge to dismiss the lawsuit, the attorney said U.S. law prohibits regulators from “using federal securities laws to assert jurisdiction over the digital assets in this case.” Foresight News previously reported that on February 17, the U.S. SEC filed a lawsuit with the U.S. District Court for the Southern District of New York, accusing Singapore-based Terraform Labs PTE Ltd and Do Hyeong Kwon of orchestrating billions of dollars in crypto asset securities fraud involving algorithmic stability. Bitcoin and other cryptoasset securities in violation of the registration and anti-fraud provisions of the Securities Act and the Exchange Act.
  • Feb 17, 2023 7:28 am
    SEC charges Terraform Labs and Do Kwon with orchestrating multibillion-dollar crypto asset securities fraud
    The U.S. Securities and Exchange Commission (SEC) filed a lawsuit in the U.S. District Court for the Southern District of New York alleging that Singapore-based Terraform Labs PTE Ltd and Do Hyeong Kwon orchestrated a multibillion-dollar crypto-asset securities fraud involving algorithmic stablecoins and other crypto-assets securities, in violation of the registration and anti-fraud provisions of the Securities Act and the Exchange Act. According to the SEC complaint, from April 2018 until the scheme collapsed in May 2022, Terraform and Do Kwon raised billions of dollars from investors by offering and selling a set of interrelated crypto asset securities, many of them in Among the unregistered transactions were securities-based swaps mAssets and crypto-securities Terra USD (UST), known as an algorithmic stablecoin. The complaint further alleges that Terraform and Kwon offered and sold investors other ways to invest in their “cryptocurrency empire,” including the cryptoasset security token MIR (or Mirror token) and LUNA itself. Terraform and Kwon marketed crypto-asset securities to investors, repeatedly claiming that the tokens would increase in value.

More news about terraform us sec do kwon

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