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Cryptocurrency News Articles

SEC Reasserts Jurisdiction Over Justin Sun in Revised Tron Lawsuit

Apr 19, 2024 at 05:19 pm

The SEC has amended its lawsuit against Justin Sun, founder of Tron, claiming "personal jurisdiction" over him and his associated companies due to their extensive activities directed toward the US. Sun allegedly spent over 380 days in the US from 2017 to 2019, making business trips to major cities like New York City, Boston, and San Francisco. The SEC alleges that Tron (TRX) and BitTorrent (BTT) tokens were promoted, offered, and sold to US consumers and investors, and that Sun's alleged wash trades took place on the Seattle-based crypto exchange Bittrex.

SEC Reasserts Jurisdiction Over Justin Sun in Revised Tron Lawsuit

SEC Reasserts Jurisdiction Over Justin Sun in Amended Tron Lawsuit

In a decisive move, the United States Securities and Exchange Commission (SEC) has filed an amended complaint in its ongoing lawsuit against Tron founder Justin Sun, asserting its "personal jurisdiction" over him and his affiliated companies due to their extensive activities directed towards the US market. This amended complaint comes in response to Sun's attempt to dismiss the suit last month, arguing that the SEC lacked jurisdiction over him or the Singapore-based Tron Foundation.

The SEC's amended complaint meticulously details Sun's extensive presence and activities within the United States, including his numerous business trips to major cities like New York City, Boston, and San Francisco between 2017 and 2019. These trips were undertaken on behalf of the Tron Foundation, BitTorrent Foundation, and Rainberry, entities closely associated with Sun.

Furthermore, the SEC alleges that Sun orchestrated a series of "wash trades" involving the Tron (TRX) cryptocurrency on the Seattle-based crypto exchange Bittrex. These wash trades, a manipulative trading practice, are alleged to have taken place in the United States, further strengthening the SEC's claim of jurisdiction over the case.

The amended complaint also emphasizes that TRX and BitTorrent (BTT) tokens were actively promoted, offered, and sold to consumers and investors within the United States. This assertion directly counters Sun's previous argument that the tokens were sold "entirely overseas" and that steps were taken to avoid the US market.

In seeking to dismiss the suit, Sun's legal team had argued that the SEC's application of US security laws to "predominantly foreign conduct" was inappropriate and beyond its jurisdiction. However, the SEC's amended complaint robustly addresses these concerns by demonstrating Sun's extensive travel and involvement in promoting and selling tokens to US-based consumers and investors.

Specifically, the amended complaint highlights Sun's direct communication with Bittrex around 2018, providing documents to the exchange in order to have the TRX crypto listed. This personal involvement further supports the SEC's claim of personal jurisdiction over Sun and the other defendants, as it underscores Sun's direct engagement with a US-based exchange.

If the court accepts the SEC's argument for personal jurisdiction based on Sun's US visits and alleged involvement in promoting and selling tokens to US investors, it could set a significant precedent for future regulatory actions against individuals and companies operating in the crypto space.

The SEC's amended complaint is a clear indication of its determination to hold accountable those who engage in fraudulent or manipulative practices within the cryptocurrency market, regardless of their physical location or the international nature of their operations.

Implications for the Crypto Industry

The SEC's lawsuit against Justin Sun and the Tron Foundation serves as a stark warning to crypto companies and individuals that the US regulatory landscape is evolving and that they cannot evade the reach of US law by operating overseas or claiming foreign domiciles.

As the crypto industry continues to grow and attract investors from around the world, it is imperative for companies to comply with applicable securities laws and regulations, regardless of their geographic location or the nature of their digital assets. Failure to do so could lead to severe consequences, including enforcement actions, fines, and reputational damage.

The SEC's amended complaint is a reminder that the US remains a global leader in financial regulation and has the authority and resources to pursue individuals and companies engaged in fraudulent or manipulative practices in the crypto space.

As the industry matures, it is essential for all participants to embrace transparency, accountability, and adherence to regulatory frameworks to ensure the long-term sustainability and growth of the cryptocurrency market.

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