SEC Requests Judge to Determine Crypto Assets as Securities in Terraform Labs Case

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Lawyers representing the United States Securities and Exchange Commission (SEC) have requested a judge to determine whether certain crypto assets should be classified as securities in a civil case against Terraform Labs and co-founder Do Kwon. The SEC argues that this is a legal question for the court to decide, rather than a factual question for a jury. The commission claims that there is no dispute over the fact that the defendants’ crypto asset offerings involved an investment of money, a common enterprise, and an expectation of profit. The SEC has previously labeled different cryptocurrencies as securities in various lawsuits, including those against Binance and Coinbase. However, a federal judge ruled in July that the XRP token did not necessarily qualify as a security in the SEC’s case against Ripple. The question of which cryptocurrencies should be classified as securities or commodities in the United States remains a topic of debate among lawmakers and regulators. Additionally, there is speculation that the SEC may soon decide on whether to approve a spot crypto exchange-traded product.

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