Do Kwon argues that SEC bid for US deposition is impossible

Quick Take

  • A New York court should oppose the Securities and Exchange Commission’s move to take former Terraform Labs CEO Do Kwon’s deposition in the U.S. because it is “impossible,” his lawyers said. 

A New York court should oppose the Securities and Exchange Commission's move to take former Terraform Labs CEO Do Kwon's deposition in the U.S. because he is currently detained in Montenegro, Kwon's lawyers argued. 

Last week, the SEC said the Southern District of New York should grant its request to ask Kwon questions in the U.S., but Kwon’s lawyers said that was impossible. 

Kwon was detained in Montenegro in March 2023 and later was found guilty by a court there of using a fake Costa Rican passport in an attempt to leave the country. Kwon was sentenced to four months in jail in June.

Both the U.S. and South Korea have requested to extradite Kwon. 

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Terraform Labs

The SEC charged Terraform Labs and Kwon in February over its algorithmic stablecoin Terra USD, which collapsed last year. The agency accused both Terraform and Kwon of raising billions from investors by offering and selling an inter-connected suite of crypto asset securities, many in unregistered transactions."

Algorithmic stablecoins, like Terra USD, use market incentives via algorithms to maintain a stable price. Terra was linked to Luna, a governance token, to keep the prices stable. Terra USD crashed in May 2022, wiping out billions.


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About Author

Sarah is a reporter at The Block covering policy, regulation and legal happenings. Before, Sarah was a reporter with CQ Legal writing about securities regulation, which is where she first started reporting on crypto. Sarah has also written for The Bond Buyer and American Banker, among other finance-related publications. She graduated from the University of Missouri and earned a degree in print and digital journalism. Sarah is based in Washington D.C., and is an avid coffee lover. You can follow her on Twitter @ForTheWynn.

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