Does securities law captures crypto?

October 26, 2022

South Korean prosecutors are trying to build a case against Do Kwon over the $60 billion wipeout.

They issued their comments after a judge dismissed Kwon's motion to detain persons associated with the crumbling Terraform Labs ecosystem.

The development highlights the controversy surrounding whether TerraUSD and Luna tokens created by Kwon can be regulated as securities under laws designed for assets.

Like the United States and other countries, South Korea has yet to implement crypto legislation to solidify its position.

Prosecutors said last month that Kwon and five others were facing arrest warrants involving capital market law violations.

Kwon's whereabouts have since become unknown, but he has denied any wrongdoing or fleeing.

Terraform Labs said it had no reasonable basis to accuse Kwon of violating capital market laws because Luna does not qualify as a security.