Terraform Labs, Do Kwon to Reach A Settlement with US SEC

As a researcher with a background in finance and securities law, I have followed the Terraform Labs case closely since the SEC’s accusations against Do Kwon and the company emerged. The preliminary settlement announcement comes as a significant development, particularly given the potential financial consequences for both parties involved.


According to recent court documents, Terraform Labs and its ex-CEO, Do Kwon, are working towards a tentative resolution in the ongoing securities fraud case brought against them by the United States Securities and Exchange Commission (SEC).

In a conversation on May 29th, the lawyers representing both sides disclosed to Judge Jed Rakoff that they had reached a preliminary agreement on the terms of a settlement. It is expected that the finalized settlement will be submitted to the court for its approval by June 12, 2024.

In February, the Securities and Exchange Commission (SEC) determined that Terraform and Do Kwon held accountable for providing false information to investors. The scheduled discussion regarding the case’s resolution was set for May 29th.

The Securities and Exchange Commission (SEC) has filed a lawsuit against Terraform Labs and its founder Do Kwon. The allegations include deceitful marketing and sales practices related to TerraUSD (UST) and associated digital coins. Investors were reportedly misled about the tokens’ stability and financial prospects, while unregistered offerings were also involved in the proceedings.

As a crypto market analyst, I would recast that statement as follows: The abrupt collapse of Terraform Labs in May 2022 initiated a chilling effect on the entire digital currency market, leading to significant losses for various cryptocurrencies and their associated businesses and investors.

The Securities and Exchange Commission (SEC) proposed a penalty of approximately $5.3 billion, consisting of disgorgement, prejudgment interest, and civil penalties, against Kwon and Terraform. This significant financial sanction would have had a major impact on both parties.

During the interim, Terraform Labs proposed a penalty of only $1 million instead. They made this argument against the imposition of disgorgement, especially for entities like the Luna Foundation Guard that weren’t directly named in the SEC’s legal action.

The Securities and Exchange Commission (SEC) proposed preventing Kwon from holding executive or board positions in any company that issues securities, and requested complete transparency of his financial records and possessions. However, Kwon contended that revealing such details would infringe upon his Fifth Amendment privilege against self-incrimination.

Kwon could be indicted in Montenegro following his apprehension in March 2023, accused of fabricating travel documents during an attempt to leave the country illegally. Subsequently, he was released on bail. The US authorities have since initiated a request for his transfer to their jurisdiction.

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2024-05-30 22:29