November 8, 2024

SEC slaps crypto firms with $4.7bn penalties in 2024 after Terraform Labs settlement

The U.S. Securities and Exchange Commission (SEC) has recorded an extraordinary rise in enforcement actions against crypto firms in 2024, hitting an all-time high of $4.7 billion. This marks a remarkable 3,000% increase from the $150.3 million imposed in 2023. The dramatic surge stems primarily from the record-setting settlement of $4.47 billion with Terraform Labs and its co-founder Do Kwon in June 2024, a key factor that has positioned this as a landmark year for regulatory actions in the cryptocurrency sector.

The SEC’s latest move has underscored its increasingly aggressive stance on the cryptocurrency industry, as regulators seek to rein in unlawful practices that have characterized parts of the market. Terraform Labs and Kwon were at the center of one of the biggest collapses in crypto history, when their TerraUSD (UST) stablecoin, designed to maintain parity with the U.S. dollar, dramatically lost its peg in May 2022. The crash of UST led to a massive fallout, wiping out the value of its sister token, Luna, and causing billions in investor losses, leading to the ongoing “crypto winter” that has gripped the market.

The Terraform Labs case has been particularly high-profile due to the scale of the alleged fraud and the SEC’s claim that Kwon and his company misled investors through deceptive marketing about UST’s stability. The regulatory body’s settlement with Terraform Labs requires the firm to pay $4.05 billion in disgorgement and penalties, while Kwon personally faces an additional $80 million penalty. Both parties have also been permanently barred from offering or selling crypto assets in the future, a significant blow to Kwon’s standing in the industry.

Terraform Labs’ downfall has been closely followed by multiple legal battles and ongoing bankruptcy proceedings since January 2024, which complicates the company’s ability to fulfill the financial penalties imposed by the SEC. Kwon, who has also been facing criminal charges and extradition requests from several countries, is currently in legal limbo. His situation adds another layer of complexity to the enforcement of the settlement, although the SEC has emphasized the importance of holding key actors in the crypto space accountable.

While Terraform Labs’ collapse and its legal ramifications have dominated headlines, the SEC’s crackdown on crypto firms goes far beyond this case. Throughout 2024, the SEC has ramped up investigations and enforcement measures against several other digital asset companies. Many firms have faced fines for a wide range of violations, including unregistered securities offerings, fraud, and failure to comply with anti-money laundering regulations. The sharp rise in enforcement actions reflects the SEC’s broader push to impose greater regulatory scrutiny on the nascent industry, aiming to protect investors and foster greater transparency.

The substantial penalties meted out this year stand in stark contrast to previous years, signaling a paradigm shift in the SEC’s approach toward digital assets. Enforcement actions against cryptocurrency companies, particularly those involved in dubious or illegal operations, have been increasingly severe, sending a clear message to the industry about the regulator’s willingness to act decisively. This escalation has been further driven by SEC Chair Gary Gensler’s firm belief that most crypto assets fall under the category of securities, making them subject to the same laws as traditional financial instruments.

Crypto industry players have responded to the SEC’s assertive posture with a mixture of compliance, resistance, and uncertainty. Some companies are working to align their practices with regulatory expectations, while others have mounted legal challenges to argue that the SEC’s approach to defining and regulating digital assets is overly broad. This ongoing tension between regulators and industry stakeholders has raised important questions about the future of cryptocurrency regulation in the U.S. and beyond.

Looking ahead, the SEC is expected to continue targeting crypto firms that are found to be operating outside legal bounds. The regulator has been increasingly collaborating with other federal agencies and international regulators to address cross-border issues in the crypto space. With the global nature of digital assets, enforcement actions are likely to extend beyond U.S. borders, particularly in cases involving companies like Terraform Labs, whose operations spanned multiple countries and jurisdictions.