SEC Seeks a Total of $5.3 Billion from Terraform Labs and Do Kwon

Tuesday, 23/04/2024 | 07:43 GMT by Arnab Shome
  • The funds are sought in the form of recovery and civil penalties.
  • Earlier, the US court ruled that Terraform and Kwon are liable for fraud in the case brought by the SEC.
The U.S. Securities and Exchange Commission Reuters

The Securities and Exchange Commission (SEC) of the United States is seeking $4.7 billion in disgorgement and prejudgment interest from bankrupt Terraform Labs and its co-founder Do Kwon. The regulator is further seeking civil penalties of $420 million from Terraform and $100 million from Kwon.

The Regulator Seeks a Hefty Sum

The regulator’s request for monetary recovery and penalties was revealed in a motion it filed last Friday with the US District Court for the Southern District of New York. The motion also seeks a ban on Kwon from serving as an officer or director of a securities issuer. He is also required to provide complete details of all his accounts and assets.

Meanwhile, legal representatives of Terraform and Kwon have filed briefs for potential remedies in the civil case simultaneously, suggesting a maximum monetary penalty of $3.5 million from the company and $800,000 from Kwon.

However, the court has yet to rule on the newly filed motion. In an earlier ruling, the US court found Terraform Labs and Kwon liable for fraud in the case brought by the SEC.

The trial against Kwon in the US proceeded in his absence.

“Defendants have not shown remorse for their conduct, nor can there be any doubt that they are in the position where additional violations are not only possible but likely are already occurring,” the motion by the SEC noted.

“The Court should send an unequivocal message that this sort of brazen misconduct, and Defendants’ misbegotten attempt to excuse their behavior by crafting new rules and standards of behavior for crypto markets in contravention of the federal securities laws [...] will not be tolerated.”

Kwon’s Fate Hangs in the Balance

Kwon was known for building Terraform Labs. However, the two cryptocurrencies of the project, TerraUSD and Luna, collapsed in 2022, resulting in the wipeout of about $37 billion in value. The collapse of the algorithmic stablecoin triggered the shuttering and collapse of several other cryptocurrency companies.

He disappeared immediately from public sight after the collapse of his company but was arrested in Montenegro last year while traveling with fake travel documents. Both South Korea and the United States have been trying to extradite him. Meanwhile, he was released from the Montenegro prison on bail due to some technical issues in the extradition ruling against him.

The Securities and Exchange Commission (SEC) of the United States is seeking $4.7 billion in disgorgement and prejudgment interest from bankrupt Terraform Labs and its co-founder Do Kwon. The regulator is further seeking civil penalties of $420 million from Terraform and $100 million from Kwon.

The Regulator Seeks a Hefty Sum

The regulator’s request for monetary recovery and penalties was revealed in a motion it filed last Friday with the US District Court for the Southern District of New York. The motion also seeks a ban on Kwon from serving as an officer or director of a securities issuer. He is also required to provide complete details of all his accounts and assets.

Meanwhile, legal representatives of Terraform and Kwon have filed briefs for potential remedies in the civil case simultaneously, suggesting a maximum monetary penalty of $3.5 million from the company and $800,000 from Kwon.

However, the court has yet to rule on the newly filed motion. In an earlier ruling, the US court found Terraform Labs and Kwon liable for fraud in the case brought by the SEC.

The trial against Kwon in the US proceeded in his absence.

“Defendants have not shown remorse for their conduct, nor can there be any doubt that they are in the position where additional violations are not only possible but likely are already occurring,” the motion by the SEC noted.

“The Court should send an unequivocal message that this sort of brazen misconduct, and Defendants’ misbegotten attempt to excuse their behavior by crafting new rules and standards of behavior for crypto markets in contravention of the federal securities laws [...] will not be tolerated.”

Kwon’s Fate Hangs in the Balance

Kwon was known for building Terraform Labs. However, the two cryptocurrencies of the project, TerraUSD and Luna, collapsed in 2022, resulting in the wipeout of about $37 billion in value. The collapse of the algorithmic stablecoin triggered the shuttering and collapse of several other cryptocurrency companies.

He disappeared immediately from public sight after the collapse of his company but was arrested in Montenegro last year while traveling with fake travel documents. Both South Korea and the United States have been trying to extradite him. Meanwhile, he was released from the Montenegro prison on bail due to some technical issues in the extradition ruling against him.

About the Author: Arnab Shome
Arnab Shome
  • 6611 Articles
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About the Author: Arnab Shome
Arnab is an electronics engineer-turned-financial editor. He entered the industry covering the cryptocurrency market for Finance Magnates and later expanded his reach to forex as well. He is passionate about the changing regulatory landscape on financial markets and keenly follows the disruptions in the industry with new-age technologies.
  • 6611 Articles
  • 97 Followers

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