SEC Demands Record-Breaking $5.3B Penalty in Terraform Crypto Fraud Case

Federal regulators seek a $5.3 billion fine against Terraform Labs and founder Do Kwon. The SEC alleges fraud in the 2022 Terra-Luna collapse and requests $4.7 billion in disgorgement and interest plus civil penalties. Terraform Labs contests the proposed fine, while the SEC argues the penalty is conservative given Kwon's profits.

SEC Demands a Record-Breaking $5.3 Billion Penalty for Terraform and Co-Founder Do Kwon's Fraudulent Scheme

In a decisive move against crypto fraud, the U.S. Securities and Exchange Commission (SEC) has filed a court request seeking a staggering $5.3 billion fine against Terraform Labs and its co-founder, Do Kwon. This unprecedented penalty stems from a recent verdict that held the defendants liable for a multi-billion-dollar fraud scheme that defrauded countless investors.

The SEC's comprehensive filing demands that Kwon and Terraform pay $4.7 billion in disgorgement and interest as restitution for their involvement in the disastrous collapse of Terra-Luna in 2022. Additionally, the SEC seeks substantial civil penalties of $420 million for Terraform and $100 million for Kwon, sending a clear message that such misconduct will not be tolerated in the financial markets.

The SEC's unwavering stance is reflected in its court filing, which states: "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."

In a civil court case held in New York, a jury found Kwon and Terraform Labs liable for misleading investors about the safety and stability of their algorithmic stablecoin, Terra USD (UST), and the utility of its underlying blockchain. Investors, lured by deceptive claims, purchased over $2 billion worth of UST from exchanges and other trading platforms.

The SEC strongly maintains that the proposed fines are "conservative" yet "reasonable," considering the immense profits Kwon amassed from Terraform's stablecoin venture despite its eventual failure. However, Terraform Labs contests the astronomical amount of the civil penalties, advocating for a maximum fine of $3.5 million, while Kwon has offered a meager $800,000 as compensation.

In March, Terraform Labs received court approval to utilize its remaining funds to cover legal expenses. However, concerns have been raised over the company's allocation of up to $166 million in retainer payments to its legal team since 2023, a move that critics argue diverts essential funds away from creditors. This significant outlay poses a risk to the assets available for creditor repayment in the ongoing bankruptcy proceedings.

The SEC has also taken issue with Terraform's decision to engage the law firm Dentons, raising concerns that this move is intended to protect funds from potential judgments in the TerraUSD collapse lawsuit. Dentons, however, has agreed to return $48 million to Terraform and has accepted increased oversight from the bankruptcy court.

Terraform Labs and its founder, Do Kwon, face legal proceedings in the United States stemming from the dramatic downfall of TerraUSD and its sister token, LUNA, in May 2022. The implosion of these digital assets erased billions in investor value, leading Terraform Labs to seek Chapter 11 bankruptcy protection in Delaware in January 2024.

Multiple enforcement agencies, financial regulators, and even Interpol have been pursuing Kwon for his alleged involvement in the collapse of the TerraUSD stablecoin and the Terra ecosystem.

The SEC's assertive pursuit of Terraform and Do Kwon sends a powerful message to the crypto industry and investors alike. It demonstrates the SEC's unwavering commitment to holding accountable those who engage in fraudulent schemes that undermine the integrity of financial markets. The outcome of this case will undoubtedly set a precedent and shape the future of crypto regulation.