Terraform Labs Advocates for Jury Trial in Token Securities Case

Kelvin Munene Murithi
December 7, 2023
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Terra Founder Do Kwon SEC Lawsuit terraform

Terraform Labs, known for its involvement with the UST stablecoin and LUNA cryptocurrency, has requested a New York judge. The company seeks a jury trial to determine the regulatory status of its tokens, diverging from the Securities and Exchange Commission’s (SEC) preference for a judicial ruling.

In February, the SEC filed a lawsuit against Terraform Labs and its co-founder, Do Kwon. The allegations centered on raising billions from investors through what the SEC termed “offering and selling an inter-connected suite of crypto asset securities, many in unregistered transactions.” This move sparked a contentious debate over the nature of these digital assets.

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The Argument for a Jury Decision

Terraform Labs’ attorney, David Kornblau, emphasized in a letter to Judge Jed Rakoff the importance of a jury determining whether the SEC has convincingly proven that UST, LUNA, wLUNA, and MIR tokens are indeed securities. This request follows a precedent set in the 2021 Audet vs. Fraiser case, where a jury verdict was pivotal in determining the nature of four crypto assets. Consequently, Terraform Labs is leveraging this case to support its argument.

Contrary to Terraform’s position, the SEC argues that the uniqueness of the Audet vs. Fraiser case should not set a standard for jury involvement in such matters. The agency maintains that the facts clearly show Terraform Labs’ involvement in selling securities. 

The outcome of this legal battle could have far-reaching implications for the cryptocurrency industry, especially regarding applying the Howey test to determine if a token is an investment contract.

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Developments Around Terraform Labs’ Co-founder

Adding to the case’s complexity, Do Kwon, Terraform Labs’ co-founder, faced legal troubles. Arrested in Montenegro in March for using a fake passport, he was recently approved for extradition in late November. This development adds another layer to Terraform Labs’ legal challenges unfolding narrative.

Should the judge agree to Terraform Labs’ request, the case could set a significant precedent in how crypto assets are classified in legal terms. Whether these tokens are securities could influence the future regulatory landscape for digital assets, impacting how they are managed, traded, and perceived in the broader financial ecosystem.

Read Also: Hong Kong SFC Alerts Public on HongKongDAO and BitCuped Scams

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Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.

Why Trust CoinGape

CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more…to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

About Author
About Author
Kelvin Munene is a crypto and finance journalist with over 5 years of experience, offering in-depth market analysis and expert commentary . With a Bachelor's degree in Journalism and Actuarial Science from Mount Kenya University, Kelvin is known for his meticulous research and strong writing skills, particularly in cryptocurrency, blockchain, and financial markets. His work has been featured across top industry publications such as Coingape, Cryptobasic, MetaNews, Cryptotimes, Coinedition, TheCoinrepublic, Cryptotale, and Analytics Insight among others, where he consistently provides timely updates and insightful content. Kelvin’s focus lies in uncovering emerging trends in the crypto space, delivering factual and data-driven analyses that help readers make informed decisions. His expertise extends across market cycles, technological innovations, and regulatory shifts that shape the crypto landscape. Beyond his professional achievements, Kelvin has a passion for chess, traveling, and exploring new adventures.
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.