The SEC also found that Tai Mo Shan had acted as a statuary underwriter for the Terra sister token Luna, which was an unregistered security.
Tai Mo Shan agreed to the fine, and to a prohibition on future violations of securities laws.
SEC fines Jump Crypto subsidiary $123 million
The SEC has levied a $123 million fine against Jump Crypto subsidiary Tai Mo Shan, which was part of a secret deal with Terraform Labs to help prop up the floundering Terra stablecoin in May 2021. Jump spent $20 million to help the supposedly “self-healing” stablecoin regain its $1 peg, earning about $1.28 billion in the process, and Terraform Labs CEO Do Kwon would later claim that the restoration to a $1 price was thanks to an automatic feature of the Terra project and not some backroom deal. This lie by Terraform Labs and Jump Crypto helped build confidence in the sustainability of the Terra token, which collapsed horrendously a year later.
- “Tai Mo Shan to Pay $123 Million for Negligently Misleading Investors About Stability of Terra USD”, U.S. Securities and Exchange Commission [archive]
Terraform Labs, Do Kwon reach $4.5 billion settlement with the SEC
Terraform Labs and its former CEO Do Kwon have agreed to settle the SEC's civil action against them with a $4.5 billion payment of disgorgement, interest, and penalties. Kwon and the company were behind the collapsed Terra/Luna stablecoin project, which imploded in May 2022. It was among the first dominoes in what ended up being an industry-wide collapse.
If the settlement is approved by the judge, Kwon will personally be responsible for around $200 million of the settlement payment, with Terraform Labs shouldering the rest. Although the settlement is among the largest the SEC has received in a securities fraud lawsuit, it's unlikely the company will ever pay anything close to the total amount, as it is in bankruptcy and claims to have only around $150 million in assets remaining. Both the company and Kwon will be banned from trading crypto asset securities.
The substantial fine is among the lesser of Kwon's worries at the moment, as he is still in jail in Montenegro pending extradition to either South Korea or the United States to face serious criminal charges for his role in the fraud.
- "Do Kwon's Crypto Firm Agrees to Pay $4.5 Billion Penalty to SEC", Wall Street Journal [archive]
Do Kwon and Terraform Labs found liable for $40 billion fraud
After hearing arguments that Terraform Labs was "built on lies" during a two-week-long trial, the jury in the civil case against the company and its founder Do Kwon found that both were liable for fraud.
Kwon and his company were behind the algorithmic stablecoin, Terra, which dramatically collapsed in May 2022, sending huge ripple effects throughout the ecosystem. He and his company had lied about the stability of the token, ultimately causing massive financial damage to the tune of around $40 billion.
Kwon is in custody in Montenegro after attempting to flee criminal cases in both the United States and South Korea. The civil case in the US proceeded without him.
- "Terraform Labs and founder Do Kwon found liable in US civil fraud trial", Reuters [archive]
- Verdict in Securities and Exchange Commission v. Terraform Labs Pte Ltd. [archive]
Terraform Labs files for bankruptcy
Terraform Labs, the company behind the Terra blockchain, has filed for bankruptcy. Its flagship product, the Terra stablecoin and associated LUNA token, failed spectacularly in May 2022. Its CEO, Do Kwon, was arrested in March 2023, and remains in custody awaiting a decision on whether he will be extradited to the United States or South Korea — both of which are looking to charge him over his role in the scheme.
Despite all of that, Terraform Labs had continued to operate. However, it is now in dire financial straits, and has now filed for Chapter 11 bankruptcy in an attempt to sort out its financial obligations amid costly legal cases. Terraform Labs is currently a defendant in a complaint by the SEC, as well as several class-action lawsuits.
According to the company's bankruptcy filing, it has between $100 million and $500 million in assets, and liabilities in the same range.
- Chapter 11 petition, In re: Terraform Labs [archive]
UST and LUNA deemed securities in court
The federal judge overseeing the SEC v. Terraform Labs case has determined that Terra's UST stablecoin, LUNA token, and related tokens were securities. "There is no genuine dispute that UST, LUNA, wLUNA, and MIR are securities because they are investment contracts," wrote Judge Jed Rakoff.
This is a major decision in the crypto world, which recently celebrated a decision in the SEC v. Ripple case, which found that some sales of Ripple's XRP token did not constitute unregistered securities offerings.
The SEC has maintained a position that the majority of crypto asset offerings are securities offerings, which has been an unpopular opinion among those in the cryptocurrency industry — which broadly does not wish to be regulated by the SEC.
- Memorandum & Opinion in SEC v. Terraform Labs [archive]
Do Kwon reportedly to be extradited to the United States
Do Kwon, founder of the collapsed Terra/Luna project, will be extradited from Montenegro to the United States once he's completed his four-month-long jail sentence for document forgery, says the Wall Street Journal. Although a Montenegrin court had already approved his extradition, it left the decision of whether to send him to South Korea or the United States up to Justice Minister Andrej Milovic. Milovic has reportedly privately said he intends to send Kwon to the US.
Kwon filed a last-ditch appeal of the extradition decision on December 6. A decision is scheduled on the matter by December 15. Milovic is unlikely to publicly announce Kwon's extradition destination until then.
Both South Korea and the United States have sought Kwon's extradition on criminal charges related to the Terra/Luna scheme. Federal prosecutors in the Southern District of New York indicted Kwon on eight fraud and market manipulation charges in March 2023. He and his company also face a civil lawsuit from the Securities and Exchange Commission.
- "Exclusive: Montenegro Plans to Extradite Fallen Crypto Tycoon Do Kwon to U.S.", The Wall Street Journal [archive]
Terra website hijacked by phisher
Despite the catastrophic Terra/Luna collapse in May 2022, the Terra blockchain is still up and running. On August 19, the official Twitter account for the Terra project tweeted that the project's website had been hijacked, and was being used by a phisher to try to obtain access to users' wallets. When the website is opened, it prompts visitors to connect their wallets, which then allows the phishers to drain funds.
Despite a tweet on August 19 that "sites are coming back online", and a developer stating that they were "mostly back in control", the website apparently remained compromised for several days. The project reiterated via tweet on August 20 that the website was still not safe to use.
It's unclear how much was stolen as a result of the hijacking.
Former Fabric CFO accused of siphoning $35 million into his crypto startup and losing it all
Nevin Shetty, the former chief financial officer of the Fabric e-commerce platform, was federally indicted for wire fraud after allegedly misappropriating $35 million from Fabric to put into his cryptocurrency platform HighTower. Shetty stole the money in April 2022, shortly after being told he would be fired from Fabric for performance reasons.
According to the grand jury indictment, Shetty planned to put the funds into cryptocurrency positions that "could have yielded returns of 20 percent or more annually", and planned to return 6% to Fabric, keeping the difference. This so-called "investment" contradicted the conservative investment strategy that Shetty had helped to draft for Fabric, and he concealed both the existence of the transfer and his involvement with HighTower.
Shetty "lost virtually all of [Fabric's] money" "within a matter of weeks", at which point he fessed up to Fabric. Shetty had placed all of the funds into protocols based around the Terra stablecoin, which collapsed dramatically only a month later.
Shetty has pled not guilty, and has been released on bond.
Terraport Finance hacked for $2 million less than two weeks after launch
Terraport Finance is a defi project built on, believe it or not, the Terra blockchain. Yes, the same Terra blockchain on which the Terra/Luna projects were built. Despite the massive collapse of the flagship project in May 2022, there are still a number of Terra projects operating, and even some new projects being developed.
Terraport Finance launched on March 31, apparently having gone live without any sort of audit. On April 10, Terraport disclosed that an attacker had apparently managed to drain all project liquidity pools, making off with assets priced at around $2 million.
US prosecutors file criminal charges against Do Kwon
Only hours after Do Kwon was arrested in Montenegro, federal prosecutors in New York filed eight criminal charges against him: conspiracy to defraud, conspiracy to defraud and engage in market manipulation, and two counts each of commodities fraud, securities fraud, and wire fraud. Prosecutors accuse Kwon of defrauding people by selling LUNA and UST (Terra) based on false claims about the technology, degree of adoption, and effectiveness of the algorithm intended to maintain Terra's stability.
The criminal charges out of the US add to civil charges he's facing from the SEC, as well as an investigation out of South Korea.