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Do Kwon and Terraform Labs Ordered To Answer SEC Subpoenas Over Unregistered Securities Involving Mirror Protocol

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Do Kwon and Terraform Labs Ordered To Answer SEC Subpoenas Over Unregistered Securities Involving Mirror Protocol

Summary:

  • The US Second Circuit ruled against Do Kwon’s appeal to render the subpoenas invalid.
  • Kwon argued that the SEC violated the Due Process clause.
  • Kwon’s lawyers also claimed that the agency did not have jurisdiction to launch a probe as Terra is not based in the United States.
  • A three-judge panel found the SEC’s case relevant as Terra has customers in the U.S. and requested compliance with the subpoenas.
  • The SEC launched investigations into Terra’s Mirror Protocol back in 2021 over unregistered securities claims. 

The US Federal Court of Appeal has ordered Do Kwon and Terraform Labs to comply with subpoenas served by the Securities and Exchange Commission over investigations regarding unregistered securities claims.

According to a ruling on Wednesday affirmed by a panel of three judges, the SEC was within its jurisdiction when the agency filed a motion against the Terra founder and his company back in 2021.

Earlier in September 2021, the SEC served Do Kwon at the Messari crypto conference in New York. The agency said the probe was meant to determine if Terra’s Mirror Protocol violated federal securities laws. 

Mirror Protocol is decentralized finance (DeFi) marketplace launched in 2020 where users can mint and trade synthetic assets. These assets mirror the price of stocks, including assets traded on exchanges in the United States.

JUST IN: Terra Labs has been requested to comply with subpoenas as part of an SEC probe into whether the company’s tokens are unregistered securities.

— Watcher.Guru (@WatcherGuru) June 9, 2022

In response to the SEC, Do Kwon and his lawyers appealed the motion in a New York District Court. Kwon’s appeal claimed that the agency did not adhere to the Due Process Clause enshrined in the U.S. Constitution.

The Terra CEO also argued that the company was based in Singapore and its operations did not fall under the purview of the SEC. 

However, the court said that the SEC was within its jurisdiction since Terra has customers in the US. The initial ruling issued on Thursday, February 17, 2022, requested that both Do Kwon and Terraform Labs comply with the subpoenas. 

The US Second Circuit has now affirmed the ruling and asked both parties to answer the subpoenas served by the SEC. Notably, the investigation is not related to the crumble of Terra’s original tokens – LUNA and UST.

At press time, Terra is not the only crypto company investigated by the SEC. The Gary Gensler-led agency also has cases with Ripple and most recently, Binance’s BNB coin.

Do Kwon Faces Legal Battles At Home And Abroad

The Terra CEO now faces multiple probes from authorities and regulatory agencies both foreign and domestic. Apart from the SEC, South Korean legislators also requested that Do Kwon appear before the Senate and give an account of the events involved in UST and LUNC’s crash (formerly LUNA).

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Ethereum

CoinFlex Will Issue $47M Worth of “Recovery Tokens” After Withdrawal Freeze

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CoinFlex Will Issue $47M Worth of “Recovery Tokens” After Withdrawal Freeze
  • CoinFLeX will issue recovery tokens to help fund customers’ withdrawals.
  • The exchange had run into trouble after one individual’s accounts went into negative equity, resulting in the halting of withdrawals.
  • It will issue $47 million worth of the Recovery Value USD (rvUSD) tokens.

Futures crypto exchange CoinFLEX will issue recovery tokens called Recovery Value USD (rvUSD) as a solution to enable withdrawals again. The platform has suspended withdrawals as a result of market volatility, with some users even having a negative balance as a result.

$47 million of the rvUSD will be issued, and CoinFLEX hopes that this will help clear the outstanding debt from that one individual who had a negative balance. A whitepaper covers the details of the token, and there are several caveats to become an investor. The minimum subscription is 100,000 USDC.

The exchange aims to reopen withdrawals by June 30, but this will be subject to receiving funds for the rvUSD issuance. CoinFLEX says that it has been speaking to large buyers and “believes there is significant interest in the terms presented.”

CoinFLEX also said that it plans to implement transparency measures going forward. Additionally, it will work on a new model of futures in direct response to the recent incident. Regarding the transparency, CoinFLEX said,

“The notional (USD) value of every account’s futures positions will be made publicly available via an external auditing firm that will attest to these futures positions every hour. We will also make available the margin (collateral) backing these positions in USD value and break down the collateral by type 1 (stablecoins), type 2 (highly liquid coins), and type 3 (low liquidity coins).”

Crypto Community Not Too Convinced About rvUSD

The crypto community’s response to CoinFLEX’s rescue method has been ambivalent. FatMan, who has been known for his analysis of the Terra incident, called the move “amazingly degen.”

He summarizes the whole incident as the platform offering the individual a $47 million uncollateralized loan, turning his debt into a token while offering 20% APY on it. In other words, they are using this token to fund other customers’ withdrawals.

This may sound like something too good to be true — and that might very well be the case. Such unusual and potentially risky strategies will invite the attention of regulators like the United States Securities and Exchange Commission (SEC). That is the fear that some investors have, but it remains to be seen if this will actually play out that way.

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Crypto.com Removes 13 Crypto Tokens From Its Earn Program Including Shiba Inu, Dogecoin and Tezos

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Crypto.com Removes 13 Crypto Tokens From Its Earn Program Including Shiba Inu, Dogecoin and Tezos
  • Crypto.com has removed 13 crypto tokens ,including Shiba Inu, Dogecoin and Tezos from its Earn program. 
  • The exchange has added Fantom, Ziliqa and Near to its Earn portfolio. 

Crypto.com, a leading cryptocurrency exchange, has decided to remove 13 cryptocurrencies from its Earn program. The exchange took to Twitter to share the update adding that it will be removing Doge, Shiba Inu, Tezos, and more from the program and will be adding Zilliqa, Fantom and Near to its Earn portfolio. 

Crypto.Com Has Removed 13 Cryptocurrencies From Its Earn Program

Crypto Earn is an initiative started by crypto.com to help users allocate their preferred crypto into the program to start accruing rewards. This would eventually help users expand their crypto assets by accumulating additional rewards in multiple cryptocurrencies. 

However, in an updated blog published earlier today, the exchange has decided to remove 13 crypto coins from its earn program including Doge, Shib, XTZ, MKR, EOS, OMG, FLOW, KNand C, ICX, COMP, BIFI, ONG, GAS, STRAX, and BNT. However, the exchange will also be adding three new tokens to its earn portfolio, i.e Zilliqa, Near, and Fantom. Per the updated blog post, users will be able to earn 5% rewards on FTM, and 6% rewards on ZIL and NEAR. 

“Effective from 27 June 2022, 10:00 UTC, we will be adding new tokens to Crypto Earn. Users can now enjoy rewards rates of up to 5% p.a. for FTM, and 6% p.a. for ZIL and NEAR.”

Crypto Community Reacts To Crypto.com’s Removal Of 13 Tokens. 

The response to crypto.com’s decision to remove 13 crypto tokens was mixed with multiple users expressing their discontentment on Twitter. Some users opined how the current crypto staking percentages are similar to the modern-day banking rates. 

Reduction of interest rates on stable coins again… no point holding them in your app. Get similar interest in a bank

— will (@WJB2201) June 27, 2022

While others responded that they were particularly unhappy about the exchange’s decision to remove Doge and Shib from its platform.

Why no more Shiba and Doge staking?

Are you trying to get people to leave your platform?

That was the reason I even started a CDC account!

— M42boost (@m42boost) June 27, 2022

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Ethereum’s Merge to Reduce Demand for GPUs, says Morgan Stanley

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Ethereum’s Merge to Reduce Demand for GPUs, says Morgan Stanley

Summary:

  • According to a Morgan Stanley analyst, demand for GPUs should reduce with Ethereum transitioning into a proof-of-stake network.
  • The crypto drawdown has further reduced the profitability of Ethereum mining.
  • However, the Ethereum mining community could venture into alternatives such as Ethereum Cash and Ravencoin.

Ethereum’s transition from a proof-of-work algorithm to proof-of-stake through the Merge of the Beacon Chain with the ETH mainnet could reduce demand for GPUs.

According to a research note by Morgan Stanley’s equity strategist Sheena Shah, the less energy-intensive proof-of-stake will reduce demand for GPU miners. In addition, the crypto drawdown in the markets has also resulted in reduced profits for Ethereum miners, further eliminating the need for GPUs. The note said:

and Ethereum currently require powerful computers for the mining process and consume a lot of energy which governments and regulators are increasingly concerned over. If Ethereum moves to using Proof-of-Stake (PoS) it will eliminate the need for miners (reducing demand for GPUs) and drastically reduce energy requirements.

Ethereum Miners Could Find Alternatives in Ethereum Classic and Ravecoin – Bloomberg.

However, in another analysis by Bloomberg in mid-June, it was forecasted that Ethereum miners would probably keep mining till the Merge occurs later this year. Furthermore, some miners considered transitioning their Ethereum miners to mine Ethereum Classic or Revencoin.

The team at Ethereum Classic has already started enticing existing Ethereum miners by requesting that they plan their migration to ETC before the Merge occurs. They further emphasized that Ethereum Classic was more than able to handle the abandoned Ethash hashrate. They explained:

This Merge event will disenfranchise the largest EVM’s Proof of Work mining ecosystem. Ethereum Classic is well positioned to absorb much of this abandoned Ethash hashrate.

However, Ethash miners might not realize that Ethereum Classic operates a modified version of Ethash called ETChash.

The Ethereum Classic team also pointed out that the Thanos Upgrade in November 2020 slowed the hashrate of the DAG. This, in turn, ‘has allowed GPU miners to operate their equipment longer on ETChash than Ethash.’ They added:

New ETChash miners will find comfort in knowing that Ethereum Classic made a long-term commitment to Proof of Work consensus through the network’s Die Hard Upgrade in 2018.

If you’re new to the ETC mining ecosystem, you’ve found a long-term home on Ethereum Classic. A battle-tested network where you can properly plan your mining business’ capital and operational expenditures around a predictable monetary policy and stable network that is widely integrated throughout the cryptoverse.

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