Key Takeaways
Last year, a Montegrin court sentenced Terraform Labs CEO Do Kwon to prison for traveling with a fake passport. After that, authorities in the US and Korea both requested his extradition. Subject to competing claims, the courts will determine Kwon’s fate.
As reported by the Wall Street Journal on Wednesday, February 21, the High Court in Podgorica has ruled that Kwon may be extradited to the US. If and when that happens, he will face multiple fraud charges.
Kwon should appear in court to face civil charges brought by the US Securities and Exchange Commission (SEC) next month.
Initially scheduled for January 29, Judge Jed Rakoff delayed the trial until March 25 to allow more time for the extradition process.
According to the SEC’s complaint, “Kwon raised billions of dollars from investors by offering and selling an inter-connected suite of crypto asset securities”. It adds that “many” of them were in unregistered transactions.
SEC Chair Gary Gensler said at the time: “We allege that Terraform and Do Kwon failed to provide the public with full, fair, and truthful disclosure as required for a host of crypto asset securities, most notably for LUNA and Terra USD.”
However, the SEC isn’t the only agency lining up to prosecute the alleged fraudster.
The SEC’s lawsuit is not the only legal case facing the Terraform founder, however. Also, prosecutors working for the US Department of Justice have charged Kwon with eight counts of fraud for his role in the collapse of LUNA and UST in 2022.
Meanwhile, the Seoul Southern District Prosecutors Office has issued arrest warrants for Kwon and other Terraform founders who have been indicted for violations of South Korea’s capital market laws. Earlier this month, former Terraform CFO Han Chang-Joon was succesfully extradited to South Korea.
Kwon, however, may not return to Korea for a long time, if ever. If found guilty in the US, he is likely to face a lengthy prison sentence.