SEC says court, not jury, should determine security status of Terra’s crypto assets

Share This Post

The U.S. SEC has submitted a letter to Judge Jed Rakoff in the ongoing case against Terraform Labs, presenting the argument that the crypto assets should be classified as securities under legal definitions.

The letter, dated Dec. 4, outlines the regulator’s position and proposes that the court, rather than a jury, determine whether the tokens in the case are securities.

The SEC’s letter referred to the Howey Test, derived from the 1946 Supreme Court case SEC v. W.J. Howey Co., to support its argument. The watchdog said that courts have always decided such matters as part of the law without the involvement of a jury.

Terra’s tokens are securities: SEC

According to the SEC, the defendants’ offerings of crypto assets satisfy all prongs of the Howey test, which assesses whether there is an investment of money in a common enterprise with expectations of profit primarily from the efforts of others.

The commission insists that there is no significant dispute over the facts that establish the nature of the crypto asset offerings, thus framing the issue as a legal question suitable for the court’s decision. The letter cited various legal precedents where courts have determined the status of an instrument as a security, suggesting that this approach aligns with past judicial practice.

Additionally, the SEC mentioned cases where courts have previously granted summary judgment in similar situations, indicating that such a judgment might also be appropriate in this case. If Judge Rakoff gives a summary judgment in favor of the SEC, it would lead to the crypto assets being classified as securities.

The SEC’s submission is part of ongoing efforts to address the regulatory status of cryptocurrencies and related assets. As the cryptocurrency market expands, the SEC and other regulatory bodies continue to examine how traditional financial market regulations might apply to digital assets.

The decision in the Terraform Labs case will potentially influence how other crypto assets are regulated under U.S. law.

Terra files for summary judgment

The SEC filed a case against Terraform Labs PTE Ltd and its CEO, Kwon Do-hyung, earlier this year on Feb. 16. The charges were related to orchestrating a multi-billion dollar crypto asset securities fraud involving an algorithmic stablecoin and other crypto asset securities.

Terraform Labs has also requested the presiding judge for a summary judgment in the case on Dec. 4. The company request references the SEC’s alleged misrepresentations in a separate case involving DEBT Box, where Judge Robert Shelby criticized the SEC’s actions.

Terraform’s legal team suggests that this situation reflects on the SEC’s handling of evidence and allegations in their own case. The DEBT Box case, involving alleged SEC misrepresentations, is highlighted as a precedent that could impact Terraform’s case.

The post SEC says court, not jury, should determine security status of Terra’s crypto assets appeared first on CryptoSlate.

Read Entire Article
spot_img

Related Posts

CME Group to Launch Micro Euro-Denominated Bitcoin and Ether Futures Amid Rising Demand

On Tuesday, CME Group unveiled plans to introduce micro euro-denominated bitcoin and ether futures, set to debut on March 18, contingent on regulatory green lights These euro-based offerings will

Major Egyptian Bank Joins Forces With Ripple For Cross-Border Payments

The Commercial International Bank (CIB) of Egypt has entered into a partnership with Ripple Labs, marking a significant milestone in the adoption of blockchain technology for cross-border payments

Crypto Analyst Predicts 10X Move For Filecoin (FIL) To $70, But Can It Reach ATH?

Over the last day, Filecoin (FIL) has seemingly emerged from the shadows to stage a price recovery of over 10% This notable move has brought more attention to the altcoin, which had previously failed

Hong Kong issues regulatory standards for tokenized financial products

The Hong Kong Monetary Authority (HKMA) unveiled comprehensive regulatory standards on Feb 20 for the sale and distribution of tokenized financial products by authorized institutions The initiative

Ripple Can ‘Burn’ 40 Billion XRP Locked In Escrow, CTO Reveals How

The debate of whether or not to burn the more than 40 billion XRP held in escrow by Ripple has continued to wax stronger As it continues to gain widespread popularity, it has drawn the attention of

Crypto advocate John Deaton launches campaign to unseat Elizabeth Warren in US Senate

Pro-crypto advocate John Deaton has launched his official campaign to unseat Elizabeth Warren in the US Senate In a Feb 20 post on social media platform X (formerly Twitter), Deaton revealed that he
- Advertisement -spot_img