Manhattan Jury Finds Terraform Labs and Do Kwon Guilty of Civil Fraud, Supporting SEC Claims of Misleading TerraUSD Investors

A Manhattan jury has found Terraform Labs and its founder Do Kwon liable in a civil fraud case brought by the SEC. The SEC alleged that Terraform and Kwon misled investors about the stability of TerraUSD, a stablecoin that crashed in 2022, and also falsely claimed that the company's blockchain was used in a popular Korean mobile payment app. The verdict comes after a two-week trial and is expected to result in civil penalties and a bar from the securities industry for Kwon and Terraform.

Manhattan Jury Finds Terraform Labs and Founder Do Kwon Liable for Civil Fraud, Upholding SEC Allegations of Misleading Investors in TerraUSD Collapse

New York, March 31, 2023 - In a landmark verdict, a Manhattan jury has found Singapore-based Terraform Labs and its founder, Do Kwon, liable for civil fraud charges brought by the U.S. Securities and Exchange Commission (SEC). The SEC had alleged that Terraform Labs and Kwon misled investors about the stability of TerraUSD, a stablecoin designed to maintain its value at $1, in the lead-up to its 2022 collapse that sent shockwaves through the cryptocurrency markets.

The jury reached its verdict after a two-week trial in federal court, following closing arguments presented earlier in the day. The SEC had accused Terraform Labs and Kwon of deceiving investors in 2021 by making false claims about the stability of TerraUSD and its connection to a popular Korean mobile payment app.

Kwon, the architect behind TerraUSD and Luna, a more volatile token linked to the stablecoin, has been accused of orchestrating a scheme that led to billions of dollars in losses for investors when the TerraUSD peg to the dollar could not be maintained in May 2022.

The SEC sought civil financial penalties and orders barring Kwon and Terraform from the securities industry, and U.S. District Judge Jed Rakoff will consider these penalties in the coming weeks after hearing submissions from both the SEC and the defendants.

Terraform Labs expressed disappointment with the verdict, stating that it "continues to maintain that the SEC does not have the legal authority to bring this case at all."

SEC Division of Enforcement Director Gurbir Grewal hailed the verdict, emphasizing that "for all of crypto's promises, the lack of registration and compliance have very real consequences for real people." He added that it is "high time for the crypto markets to come into compliance."

Kwon, who was arrested in Montenegro in March 2023, did not attend the trial, which commenced on March 25. Both the United States and South Korea, where Kwon holds citizenship, have initiated extradition proceedings against him on criminal charges.

During the trial, SEC attorney Laura Meehan argued that the success of TerraUSD was a carefully crafted illusion "built on lies." She emphasized that "if you swing big and you miss, and you don't tell people that you came up short, that is fraud."

The SEC presented evidence suggesting that Kwon and Terraform secretly arranged for a third party to purchase large amounts of TerraUSD to artificially bolster its price when it briefly lost its peg in May 2021. Kwon, according to the SEC, falsely attributed the subsequent recovery to the resilience of TerraUSD's algorithms.

Additionally, the SEC alleged that Terraform and Kwon made false claims about the adoption of their blockchain on the popular Chai payment app, misrepresenting its role in processing transactions.

Terraform attorney Louis Pellegrino, in his closing arguments, contended that the SEC's case relied on statements taken out of context and that Terraform and Kwon had been transparent about their products and their operations, even in cases where they did not meet expectations. He highlighted Terraform's ongoing efforts to rebuild and "make purchasers whole."

Despite the jury's finding of liability, Terraform has indicated its intention to challenge the court's previous ruling that cryptocurrencies it developed fall under the purview of securities laws. Once a final judgment is issued in the case, Terraform will have the opportunity to appeal this decision.

The verdict against Terraform Labs and Do Kwon is a significant development in the regulation of cryptocurrencies. It underscores the SEC's determination to hold accountable those who violate securities laws in the digital asset market and sends a strong message that the lack of compliance in the crypto industry will no longer be tolerated.