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Cryptocurrency News Articles

Terraform Labs Founder Defies SEC Subpoena in Stablecoin Collapse Lawsuit

May 02, 2024 at 08:04 pm

In a recent court filing, Terraform Labs founder Do Kwon has requested the rejection of the SEC's request to question him in the U.S. regarding the Terra/Luna collapse. Kwon's lawyers cite his indefinite detention in Montenegro as rendering it "impossible" for him to testify. They also argue that written testimony would violate his due process rights under U.S. law. The SEC had previously sought permission to interview Kwon prior to the October 13 discovery cut-off date.

Terraform Labs Founder Defies SEC Subpoena in Stablecoin Collapse Lawsuit

Terraform Labs Founder Defies SEC Request for Testimony in Stablecoin Collapse Lawsuit

In a bold move that has sent shockwaves through the cryptocurrency industry, Terraform Labs founder Do Kwon has vehemently objected to the U.S. Securities Exchange Commission's (SEC) request to question him about the catastrophic collapse of his company's stablecoins, Terra and Luna.

Filed in the U.S. District Court for the Southern District of New York, Kwon's lawyers vigorously opposed any attempt to compel their client to testify before U.S. regulators. They contend that such an action would be "impossible" due to Kwon's indefinite detention in Montenegro.

Furthermore, the lawyers argue that any written testimony provided by Kwon would violate his due process rights under U.S. law. They maintain that such a requirement would subvert judicial authority by mandating an action that cannot be reasonably fulfilled.

The SEC's request, made last week, sought permission to interview Kwon before the case's discovery cut-off date of October 13. The regulatory agency is investigating allegations that Terraform Labs misled investors about the safety of investing in its TerraUSD stablecoin, which promised yields of up to 20%.

The SEC's complaint alleges that TerraUSD's creators falsely claimed that the token would remain pegged to the U.S. dollar through a complex system involving its sister coin, Luna. However, both tokens crashed in May 2022, resulting in a staggering $50 billion loss in market value and leaving countless investors devastated.

Kwon's refusal to cooperate with the SEC has raised questions about his accountability in the Terra/Luna debacle. Critics argue that his resistance to questioning further undermines the credibility of the cryptocurrency industry and raises concerns about the transparency and accountability of those involved in it.

Legal experts have expressed varied opinions on the validity of Kwon's arguments. Some argue that his indefinite detention in Montenegro may indeed present a legitimate obstacle to his testimony in the U.S., while others contend that the due process concerns raised by his lawyers are overblown.

As the legal battle between the SEC and Kwon intensifies, the outcome of this case will have significant implications for the regulation of stablecoins and the broader cryptocurrency landscape. The SEC's efforts to hold Kwon accountable for his alleged role in the Terra/Luna collapse will test the agency's authority and send a strong message to other crypto entrepreneurs about the importance of transparency and adherence to securities laws.

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Other articles published on Jan 10, 2025