SEC Seeks $4.2 Billion Disgorgement, Penalties Against Terra, Do Kwon

In the ongoing legal battle between the Securities and Exchange Commission (SEC) and Terraform Labs and its co-founder Do Kwon, the SEC is pushing for substantial penalties. Following a jury’s verdict against the defendants on all counts on April 5, 2024, the SEC has requested the court to order significant financial penalties and injunctions against Terraform Labs and Kwon.

The SEC’s motion, filed with the court, outlines the requested penalties: seeking a disgorgement of $4.2 billion along with a $420 million penalty against Terraform Labs and a $100 million penalty against Kwon. Additionally, the SEC is asking for injunctive relief to prevent further violations of securities laws by the defendants, including for Kwon to serve as an officer or director of a publicly traded company.

Kwon has opposed the injunction and disgorgement against him, arguing that the penalties should be considerably lower, ranging from $250,000 to $300,000. Kwon’s legal arguments contend that injunctive relief is unnecessary as he is no longer CEO of Terraform Labs and is not involved with any crypto-asset security company.

Selkirk Copper Mines — sponsored Sponsored · Selkirk Copper Mines

“Injunctive relief is not warranted against Mr. Kwon because the SEC cannot show that there is a real likelihood that Mr. Kwon will repeat the alleged conduct,” Kwon’s memorandum read.

Furthermore, Kwon asserts that disgorgement is unwarranted as there is no evidence that he personally gained from any alleged misconduct.

“Disgorgement is not proper against Mr. Kwon. Assuming the SEC manages to find a ‘victim’ in the U.S. who has suffered ‘pecuniary harm,’ there is no evidence that Mr. Kwon received any ill-gotten gains separate from what TFL received. As such, there are no illegal profits for Mr. Kwon to disgorge,” the memorandum also wrote.

Kwon was released from prison in Montenegro earlier this year because his regular prison term for using fake papers ended. His passport was kept to stop him from leaving the country and he was taken for an interview with the police for foreigners.

His lawyer confirmed his release and said Kwon would stay in a shelter for foreigners. They plan to appeal to let Kwon stay free until the court decides on extradition.

Montenegro’s Supreme Court halted the extradition of the former crypto mogul to South Korea, pausing the attempt to send him back to his home country. This decision came after lower-level judges’ rulings were contested due to procedural errors.

In South Korea, penalties are less severe compared to the US, where prosecutors seek to prosecute Kwon for the $40 billion collapse of the TerraUSD cryptocurrency in 2022. The Supreme Court’s action followed a challenge by the top prosecutor in Montenegro, who cited procedural errors in the rulings favoring South Korea’s extradition request. Extradition to either country is now pending further deliberations by the court, with no specified timeline for a final decision.


Information for this story was found via Fortune and the sources mentioned. The author has no securities or affiliations related to this organization. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.

Video Articles

Red Cloud Fall Mining Showcase 2026 | Day 2

More Gold Without a Bigger Upfront Bill? | Keith Boyle – New Found Gold

The Red Cloud Fall Mining Showcase 2026 | Day 1

Recommended

First Majestic Lifts Q3 Revenue 38% to US$394.1 Million on Higher Silver Prices

Meghan Markle’s Half-Brother Submitted Evidence Against Their Father, But Now Faces Philippine Police Scrutiny

Related News

Do Kwon To Be Extradited To US From Montenegro

Things aren’t going in Do Kwon’s favor this year. After the Terraform Labs co-founder spent...

Thursday, December 7, 2023, 12:36:38 PM

What Did Do Kwon Do? CEO Allegedly Cashed Out US$80 Million Each Month Before Terra Crash

Terraform Labs employees have reportedly confirmed to the US Securities and Exchange Commission that its...

Saturday, June 11, 2022, 11:17:00 AM

Terraform Labs, Do Kwon To Pay $4.5 Billion Settlement

The Securities and Exchange Commission (SEC) announced late last night that Terraform Labs and its...

Friday, June 14, 2024, 09:47:00 AM

Kwonzi Scheme 2: Do Kwon Gets Indicted For Fraud As Interpol Confirms His Arrest

Do Kwon, the crypto tycoon behind the high-yielding stablecoin TerraUSD and its companion token Luna,...

Friday, March 24, 2023, 11:20:00 AM

BREAKING: Do Kwon Said To Be Arrested In Montenegro

It is currently being reported on Twitter that Do Kwon, founder of the Singapore-based Terraform...

Thursday, March 23, 2023, 09:25:38 AM