- Ripple’s Chief Legal Officer, Stuart Alderoty, provides insights on the recent Terraform Labs case ruling, emphasizing the importance of factual basis in legal judgments.
- A U.S. judge ruled against Terraform Labs and its CEO, Do Kwon, for violating federal securities laws in a lawsuit with the SEC.
Stuart Alderoty, Ripple’s Chief Legal Officer, shared insights on the recent Terraform Labs case ruling through a social media post. While refraining from taking a definitive stance on the Terraform case, Alderoty highlighted three crucial aspects of the court’s decision.
He emphasized the importance of factual basis in legal judgments, observed Judge Jed Rakoff’s lack of criticism or reference to a similar Ripple case, and criticized the SEC’s strategy of handling cryptocurrency regulation through prolonged, token-by-token litigation. Alderoty sees this approach as a misguided effort motivated more by a quest for political power than sound policy.
The recent court ruling favored the SEC in its case against Terraform Labs, declaring its digital assets as unregistered securities using the Howey Test. Despite the SEC’s victory, the decision is unlikely to bring clarity to the regulatory landscape for digital assets.
Alderoty’s comments indicate a shifting perception within the cryptocurrency industry regarding the SEC’s authority. He previously noted the industry’s increasing resilience to the SEC’s legal threats, even as the agency continues its efforts to regulate the sector. As the crypto industry enters 2024, it faces prolonged legal battles and regulatory uncertainties, with the SEC’s extended campaign against major players like Ripple expected to persist.
US Judge Declares Terra LUNA As Securities
On December 28, a U.S. judge delivered a ruling against Terraform Labs and its CEO, Do Kwon, finding them in violation of federal securities laws in an ongoing lawsuit with the SEC.
The court cited a previous statement made by Kwon, where he asserted that LUNA holders simply needed to “[s]it back and watch [him]kick-ass.” This reference led the court to determine that LUNA satisfied the criteria of the Howey test. The statement implied that individuals could invest their money in a common enterprise and anticipate profits solely based on the efforts of Terraform and Do Kwon.
This judgment follows the collapse of the Terra (LUNA) blockchain in May 2022, resulting in the detachment of its algorithmic stablecoin, TerraUST, from its 1:1 peg to the U.S. dollar. Additionally, the sister token, LUNA, experienced a significant drop in value. In response to these events, the U.S. Securities and Exchange Commission (SEC) filed a lawsuit against the company and its CEO on February 16, 2023, accusing them of defrauding investors and committing other securities fraud. After a ten-month legal battle, U.S. District Court Judge Jed Rakoff ruled in favor of the SEC.
