Saturday, December 9, 2023

Terraform Labs Raises Threatened Sanctioning of SEC in Utah Case to SDNY Judge Rakoff


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 4 – The SEC's case against  Terraform Labs is moving toward a January 2024 trial. That is, unless summary judgment is granted - arguments were held on November 30.

 On November 17 US District Court for the Southern District of New York Judge Jed S. Rakoff held a hearing on potential trial experts. Inner City Press live tweet, thread.

  Five days later, Judge Rakoff barred defense experts Unny and Parlour - and in Montenegro,  the Basic Court in Podgorica approved the extradition of Terra founder Do Kwon, with the destination of the extradition to be made by the Montenegrin justice minister after Kwon serves out his four-month prison sentence in Montenegro for document forgery.

On November 30, there were summary judgment motion arguments. Inner City Press was there and live tweeted, thread

More (Nov 30) on Substack here

On December 4, counsel to Terra and Do wrote in to Judge Rakoff raising the threat to sanction the SEC (for misleading) by Utah federal Judge Robert J. Shelby in SEC v. Digital Licensing Inc, filing on Patreon here

On November 27, Judge Rakoff ordered whistleblowers' identity and information taken off, among other platforms, CourtListener: "v***SELECTED PARTIES*** ORDER: The Court respectfully directs the Clerk to modify the viewing level to Selected Parties for the documents numbered 103-24 and 103-59 on the docket of this case, so that only attorneys who have entered an appearance in the case for the SEC, Do Hyeong Kwon, or Terraform Labs PTE Ltd. may view these two documents. The Court further directs that unredacted versions of these documents be removed from third party reporting services, including Lexis CourtLink and CourtListener. The Court puts the parties on notice, however, that should this case proceed to trial, the Court will revisit the issue of whether whistleblower names may remain confidential. (Signed by Judge Jed S. Rakoff on 11/27/2023)." We aim to have more on this.

The SDNY criminal case is US v. Kwon, 23-cr-151 (Cronan)

More on Substack here

The case is Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al., 23-cv-1346 (Rakoff) 

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