In a letter to Decide Jed S. Rakoff, counsel for Do Kwon, the previous CEO of Terra, has formally requested the postponement of his trial in america. The trial, which addresses fees introduced by the US Securities and Alternate Fee (SEC), is dealing with potential delay on account of slower extradition proceedings from Montenegro than Kwon’s authorized group had anticipated.

Do Kwon Requests US Courtroom To Delay Trial

The letter, despatched to the Southern District of New York’s courtroom, outlines the present scenario and the explanations behind the request for adjournment: “We represent Do Hyeong Kwon and write in response to the Court’s December 29, 2023 order… Mr. Kwon is not likely to be extradited until February or March at the earliest,” the letter states, highlighting the sudden delay in Kwon’s return to the US to face trial.

“We understand the Court cannot put the trial on hold indefinitely, but an adjournment until mid-March would provide a realistic possibility for Mr. Kwon to attend. For these reasons, Mr. Kwon does not waive his right to attend and requests a short adjournment of the trial date to allow for his attendance,” Do Kwon’s request additional reads.

It specifies that an adjournment till mid-March would offer a “realistic possibility” for him to attend. Furthermore, Kwon’s authorized group isn’t solely asking for the trial to be delayed however can also be getting ready for the situation the place the trial proceeds with out Kwon’s presence:

Ought to the Courtroom decline to adjourn the trial date, Mr. Kwon intends to ask the Courtroom to supply the jury with an instruction… that isn’t unduly prejudicial to him.

The letter to Decide Rakoff demonstrates the significance Kwon locations on taking part in his trial, doubtlessly a important issue within the protection’s technique.

The decision for a delay follows a latest improvement in Montenegro the place the extradition order for Do Kwon was overturned on account of procedural errors and ambiguities. The choice made by the Podgorica-based Appeals Courtroom has despatched the case again to the Supreme Courtroom for additional assessment, as reported by Bitcoinist.

Till a decision, Do Kwon stays in detention in Montenegro. The native authorities prolonged his maintain till mid-February, permitting them time to resolve whether or not he ought to be despatched to america or South Korea.

SEC Prices Towards Terra And Kwon

This authorized improvement arises amidst the lawsuit by the SEC, which has charged Kwon and Terraform Labs with conducting a multi-billion greenback crypto asset securities fraud. The SEC’s grievance, which covers the interval from April 2018 to Might 2022, states that Terraform Labs and Kwon raised funds by way of the sale of crypto asset securities, together with “mAssets,” security-based swaps, and Terra USD (UST), an algorithmic stablecoin.

These choices had been carried out in lots of unregistered transactions, attracting billions of {dollars} from traders. The SEC additional accuses Terraform and Do Kwon of deceptive traders concerning the tokens’ worth, falsely claiming that they might enhance in worth and advertising and marketing UST as a “yield-bearing” stablecoin with high-interest returns by way of the Anchor Protocol.

Moreover, allegations embody misrepresentations about using the Terra blockchain for settlement transactions by a well-liked Korean cell fee app, Chai, and misleading traders about UST’s stability. The dramatic depegging of the UST from the US greenback in Might 2022 led to a catastrophic collapse within the worth of the UST and its sister tokens.

At press time, Terra Luna Traditional (LUNC) traded at $0.000129049.