Invest In Crypto News
  • Home
  • Latest News
    • Bitcoin News
    • Altcoin News
    • Ethereum News
    • Blockchain News
    • Doge News
    • NFT News
    • Video
    • Market Analysis
    • Business
    • Finance
    • Politics
    • Mining
    • Regulation
    • Technology
  • Top 10 Cryptos
  • Market Cap List
  • IC DAO
  • Donations
  • Contact
  • Buy Crypto
  • IC DAO
No Result
View All Result
Invest In Crypto News
  • Home
  • Latest News
    • Bitcoin News
    • Altcoin News
    • Ethereum News
    • Blockchain News
    • Doge News
    • NFT News
    • Video
    • Market Analysis
    • Business
    • Finance
    • Politics
    • Mining
    • Regulation
    • Technology
  • Top 10 Cryptos
  • Market Cap List
  • IC DAO
  • Donations
  • Contact
  • Buy Crypto
  • IC DAO
No Result
View All Result
Invest In Crypto News
No Result
View All Result

Judge rejects motion to dismiss Terraform case, disagrees with Ripple decision

CryptoExpert by CryptoExpert
August 1, 2023
in Regulation
0
Judge rejects motion to dismiss Terraform case, disagrees with Ripple decision
  • Facebook
  • Twitter
  • Pinterest


You might also like

Bitcoin Holds Steady While Curve DAO (CRV) and Stargate Finance (STG) Lead the Altcoin Rally

Stand With Crypto UK Launches Campaign Against Bank Crypto Limits

Michaël Van de Poppe Keeps $300K Bitcoin Target Alive, Says $1M Is Still Possible 

A United States Securities and Exchange Commission (SEC) lawsuit against Terraform Labs is set to go ahead after a U.S. judge overseeing the case denied the firm’s motion to dismiss on July 31. 

In handing down the order, the judge also rejected a decision from another judge who ruled that Ripple did not violate securities laws based on their manner of sale.

The SEC first filed a suit against Terraform Labs and its founder Do Kwon on Feb 16, alleging it was once “orchestrating a multi-billion dollar crypto asset securities fraud.”

In April, Terraform Labs’ legal representatives filed a motion for the dismissal of the suit, with supplemental materials for the motion provided in June. 

okex
Judge Rakoff denies Terraform Labs’ motion to dismiss. Source: Courtlistener

In rejecting the defendants’ motion to dismiss, Judge Jed Rakoff of the Southern District Court of New York found that:

“For purposes of this motion, all well-plead allegations must be taken as true, and all reasonable inferences therefrom must be drawn in the SEC’s favor.”

In its previous dismissal motion, Terraform Labs’ representatives argued that the SEC lacks jurisdiction over both the company and its founder. It also pushed back against the agency’s position that tokens including Mirror Protocol (MIR), Terra Classic (LUNC) and TerraUSD Classic (USTC) are securities.

It also argued, in light of the Supreme Court ruling on the major questions doctrine, “Congress is not only engaging in robust debate over how crypto should be regulated, it is asking the SEC to wait for Congress to act.”

It went on to cite a procedural issue in the agency’s suit against Coinbase and its newly divulged emails concerning former SEC director William Hinman that figured in the agency’s suit against Ripple Labs.

However, Judge Jed Rakoff of the Southern District Court of New York wrote that “it would ignore reality to place the crypto-currency industry and the American energy and tobacco industries,” implying that the major questions doctrine may not apply to the case and thus dismissing that objection. The procedural questions were also dismissed.

Newsflash: Ripple Decision Already in (Big) Trouble

SDNY District Judge Jed Rakoff today allowed the SEC to go forward with its case against Terraform Labs and founder Do Kwon. In doing so, Judge Rakoff specifically rejected the distinction made in the Ripple case between public… pic.twitter.com/JZZ8vukfFt

— John Reed Stark (@JohnReedStark) July 31, 2023

The judge devoted several pages to an analysis of the Howey test, which was at the heart of the Hinman discussion. No formal contract is necessary to meet the test, and tokens themselves may be considered tokens in arguments before the court, Rakoff wrote.

Related: SEC appeal could amplify Ripple win, says Ripple Labs legal chief

The court also declined to “draw a distinction between these coins [MIR and LUNA] based on their manner of sale.” Therefore:

“The Court rejects the approach recently adopted by another judge of this District in a similar case, SEC v. Ripple Labs Inc. […] Howey makes no such distinction between [primary and secondary] purchasers.”

That approach – that XRP (XRP) was a commodity when sold on the secondary market – was a partial win for Ripple. Its rejection here could bode well for the SEC, if other judges follow Rakoff’s example.

Magazine: Terra collapsed because it used hubris for collateral — Knifefight





Source link

  • Facebook
  • Twitter
  • Pinterest
CryptoExpert

CryptoExpert

Recommended For You

Bitcoin Holds Steady While Curve DAO (CRV) and Stargate Finance (STG) Lead the Altcoin Rally

by CryptoExpert
June 11, 2026
0
Bitcoin Holds Steady While Curve DAO (CRV) and Stargate Finance (STG) Lead the Altcoin Rally

While Bitcoin price continues to consolidate, capital appears to be rotating into select altcoins, with Curve DAO (CRV) and Stargate Finance (STG) emerging as two of the strongest...

Read more

Stand With Crypto UK Launches Campaign Against Bank Crypto Limits

by CryptoExpert
June 11, 2026
0
Cointelegraph

Stand With Crypto UK is urging its 286,000 members to challenge British banks restricting transfers to cryptocurrency exchanges, arguing that blanket limits on transactions to regulated platforms are...

Read more

Michaël Van de Poppe Keeps $300K Bitcoin Target Alive, Says $1M Is Still Possible 

by CryptoExpert
June 10, 2026
0
Michaël Van de Poppe Keeps $300K Bitcoin Target Alive, Says $1M Is Still Possible 

Bitcoin is trading around $ 63K after a volatile stretch, with sentiment still mixed across the crypto market. While traders remain cautious following recent corrections, some analysts say...

Read more

Prediction Market Need Measured Approach to Insider Trading

by CryptoExpert
June 10, 2026
0
Prediction Market Need Measured Approach to Insider Trading

Prediction market regulators should consider a measured approach to insider trading enforcement as opposed to an outright ban, according to research from an academic at the Stevens Institute...

Read more

Coinbase, Ripple Join 200+ Organizations Pressing Senate for CLARITY Act Floor Vote

by CryptoExpert
June 10, 2026
0
Coinbase, Ripple Join 200+ Organizations Pressing Senate for CLARITY Act Floor Vote

Key TakeawaysCoinbase, Ripple, and more than 200 organizations called for a Senate CLARITY Act vote.Supporters argue the bill would improve transparency, accountability, and consumer protections.Congress must still navigate...

Read more
Next Post
‘Let's just diversify and see' — Binance CEO on its stablecoin strategy

‘Let's just diversify and see' — Binance CEO on its stablecoin strategy

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Browse by Category

  • Altcoin News
  • Bitcoin News
  • Blockchain News
  • Business
  • Doge News
  • Ethereum News
  • Finance
  • Market Analysis
  • Mining
  • NFT News
  • Politics
  • Regulation
  • Technology
  • Trending Cryptos
  • Video

Sitemap

  • Market Cap
  • Donations
  • Trading
  • Mining
  • Contact

Legal Information

  • Privacy Policy
  • Anti-Spam Policy
  • Copyright Notice
  • DMCA Compliance
  • Social Media Disclaimer
  • Terms Of Service

Categories

  • Altcoin News
  • Bitcoin News
  • Blockchain News
  • Business
  • Doge News
  • Ethereum News
  • Finance
  • Market Analysis
  • Mining
  • NFT News
  • Politics
  • Regulation
  • Technology
  • Trending Cryptos
  • Video

© Copyright 2024 InvestInCryptoNews.com

No Result
View All Result
  • Home
  • Latest News
    • Bitcoin News
    • Altcoin News
    • Ethereum News
    • Blockchain News
    • Doge News
    • NFT News
    • Video
    • Market Analysis
    • Business
    • Finance
    • Politics
    • Mining
    • Regulation
    • Technology
  • Top 10 Cryptos
  • Market Cap List
  • IC DAO
  • Donations
  • Contact
  • Buy Crypto
  • IC DAO

© Copyright 2024 InvestInCryptoNews.com

This website is using cookies to improve the user-friendliness. You agree by using the website further.

Privacy policy
bitcoin
Bitcoin (BTC) $ 62,853.00
ethereum
Ethereum (ETH) $ 1,657.71
tether
Tether (USDT) $ 0.998822
bnb
BNB (BNB) $ 599.75
usd-coin
USDC (USDC) $ 0.999823
xrp
XRP (XRP) $ 1.12
solana
Solana (SOL) $ 65.34
tron
TRON (TRX) $ 0.322078
figure-heloc
Figure Heloc (FIGR_HELOC) $ 1.02
staked-ether
Lido Staked Ether (STETH) $ 2,265.05

Pin It on Pinterest

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?