NEW YORK, March 25 (Reuters) -
Terraform Labs and its founder Do Kwon built a "house of
cards" and lied to investors about the stability of a
cryptocurrency whose collapse rippled through markets in 2022, a
lawyer for the U.S. Securities and Exchange Commission told a
Manhattan jury as its civil fraud trial began on Monday.
The SEC accused Kwon and the Singapore-based blockchain
company of misleading investors in 2021 about the stability of
TerraUSD, a stablecoin designed to maintain a value of $1. The
regulator also accused them of falsely claiming Terraform's
blockchain was used in a popular Korean mobile payment app.
"Terra was a fraud, a house of cards, and when it collapsed,
investors lost nearly everything," SEC attorney Devon Staren
said at trial.
Louis Pellegrino, an attorney for Terraform, said the
regulator's case relies on cherry-picked evidence and the
testimony of witnesses hoping for whistleblower payouts if the
SEC wins.
Kwon's attorney David Patton said the crypto entrepreneur
never represented Terra's cryptocurrency as risk-free.
"Failure doesn't equal fraud," Patton said.
Kwon will not attend the trial, which is expected to last
around two weeks. He was arrested in Montenegro in March 2023
and is awaiting extradition to his native South Korea, where he
faces criminal charges. A Montenegro court on Friday delayed his
extradition after the prosecutor's office there voiced concerns
about the process.
Federal prosecutors in New York have also charged Kwon with
fraud and are seeking his extradition to the United States.
Kwon designed TerraUSD and Luna, a more traditional token
that fluctuated in value but was closely linked to TerraUSD.
The SEC estimates that investors lost more than $40 billion
on the two tokens combined when the TerraUSD peg to the dollar
could not be maintained in May 2022.
Their collapse also dragged down the value of other
cryptocurrencies, including bitcoin, and caused wider havoc in
the crypto market, leading several companies to file for
bankruptcy in 2022.
The SEC has said Kwon and Terraform secretly arranged to
have a third party purchase large amounts of TerraUSD to prop up
the price when the stablecoin slipped from its peg a year
earlier, in May 2021. Kwon falsely attributed the recovery to
the reliability of TerraUSD's algorithms, according to the
regulator.
The SEC also has said Kwon and Terraform falsely touted
Terraform's blockchain as being used to process and settle
transactions between customers and merchants on the Chai payment
app.
The SEC is seeking civil financial penalties and orders
barring Kwon and Terraform from the securities industry.
U.S. District Judge Jed Rakoff granted the SEC a partial win
in December, ruling that Terraform Labs unlawfully sold digital
assets without registering them as securities.
The judge dismissed the SEC's allegations that Terraform and
Kwon illegally offered security-based swaps through a feature
that let users create digital assets that mirrored the price of
another asset, such as a different cryptocurrency or stock.
The judge has not yet determined the amount of damages that
Terraform must pay. The company, which filed for bankruptcy
protection in January, has said a penalty could exceed its
assets.