Terraform Rejects SEC's $5.3B Fine, Counters with $1M Offer in Landmark Cryptocurrency Case

The legal battle between Terraform Labs and the SEC continues, with Terraform contesting the proposed $5.3 billion fine. The company's lawyers argue for a more modest $1 million penalty and claim the SEC's allegations of fraud are unjustified. The SEC, however, maintains that the substantial fine is necessary to deter future misconduct in the crypto industry.

Terraform Labs Rejects SEC's Massive $5.3 Billion Fine, Counters with Meager Proposal

New York, April X, 2023 – Terraform Labs and its founder, Do Kwon, are fiercely contesting the Securities and Exchange Commission's (SEC) unprecedented $5.3 billion fine, labeling it as "unjustified" and proposing a paltry $1 million penalty instead.

SEC's Allegations and Proposed Fine

Following a jury's verdict finding Terraform Labs and Kwon liable for defrauding investors, the SEC unveiled its intention to impose a colossal $5.3 billion fine upon the company and its founder. The proposed fine, the largest ever levied against a crypto entity, comprises approximately $4.7 billion in disgorgement and prejudgment interest, as well as $100 million and $420 million in civil penalties for Kwon and Terraform, respectively.

The SEC's lawsuit alleges that Terraform Labs and Kwon violated securities laws by misleading investors about TerraUSD (UST), a stablecoin that catastrophically collapsed in May 2022. The lawsuit further accuses the defendants of profiting handsomely from unregistered token sales, amassing over $4 billion in "ill-gotten gains."

Terraform's Contention and Proposal

Terraform's legal team has vehemently rejected the proposed fine, arguing that it is "grossly excessive and disproportionate" to any alleged wrongdoing. The team contends that Kwon's actions had no substantial impact within the United States and were conducted primarily in Korea and Singapore.

In a court filing, Terraform's lawyers proposed a civil penalty of just $1 million, without injunctive relief or disgorgement. They argued that the proposed fine would impose an insurmountable financial burden on Terraform and stifle innovation within the blockchain industry.

Upcoming Court Hearing

Judge Jed Rakoff has scheduled a court hearing for May 22 to discuss the proposed remedies following the jury verdict. The hearing will provide both parties an opportunity to present further evidence and arguments regarding the appropriate level of penalty.

Implications for the Crypto Industry

The outcome of this legal battle will have far-reaching implications for the entire cryptocurrency industry. The SEC's aggressive pursuit of Terraform Labs sends a strong signal that it intends to crack down on fraud and misconduct in the digital asset space. However, Terraform's defiance could embolden other crypto companies to challenge regulatory overreach and seek leniency for alleged wrongdoings.

Terraform's lawyers have until May 6 to submit their supplemental arguments, while the SEC has until May 1 to respond. The May 22 court appearance is expected to be a pivotal moment in the legal proceedings and could provide further insights into the future of cryptocurrency regulation.