Do Hyeong Kwon, the co-founder and former CEO of Terraform Labs, was extradited from Montenegro and appeared in federal court in Manhattan, where he faced charges related to widespread fraud that led to the collapse of Terraform’s cryptocurrencies, resulting in billions in losses for investors. The cryptocurrency case, which has drawn international attention, centers around Kwon’s alleged manipulation of digital assets and his efforts to cover up the scale of his fraudulent activities.
Kwon, 33, arrived in the United States on December 31, 2024, and appeared before U.S. Magistrate Judge Robert W. Lehrburger for his initial court hearing. His case is assigned to U.S. District Court Judge John P. Cronan, with the next conference scheduled for January 8, 2025. Kwon’s extradition marks a significant victory for U.S. authorities, who have long pursued his arrest following the high-profile crash of Terraform’s cryptocurrencies in 2022.
Attorney General Merrick B. Garland commented on the case, saying, “Do Hyeong Kwon will now be held accountable in an American courtroom for his elaborate schemes involving Terraform’s cryptocurrencies, which resulted in over $40 billion in investor losses.” He highlighted the Justice Department’s success in securing Kwon’s extradition, despite his alleged attempts to evade prosecution, including laundering the proceeds of his crimes and attempting to use a fraudulent passport to travel to a country without an extradition treaty with the United States.
The charges against Kwon stem from his involvement in deceptive practices aimed at inflating the value of Terraform’s digital assets, including its popular cryptocurrency tokens, TerraUSD (UST) and LUNA. The unsealed superseding indictment reveals that Kwon orchestrated a series of misleading actions from at least 2018 through 2022, deliberately deceiving investors about the stability and functionality of Terraform’s products. His false representations about the blockchain technology behind Terraform’s cryptocurrencies, as well as his role in manipulating the market, have been central to the fraud allegations.
Federal prosecutors claim that Kwon’s actions caused the market value of Terraform’s assets to soar to unsustainable levels. At its peak in the spring of 2022, the combined market value of UST and LUNA exceeded $50 billion. However, Kwon’s fraudulent activities—ranging from misleading investors about the nature of Terraform’s stablecoin to market manipulation and money laundering—ultimately led to a dramatic crash. By May 2022, the failure of Terraform’s algorithmic stablecoin, TerraUSD, caused a catastrophic collapse, erasing more than $40 billion in investor funds.
Key Misrepresentations in Kwon’s Fraudulent Schemes
Among the most serious allegations in the indictment are Kwon’s misrepresentations about the core features of Terraform’s stablecoin protocol. Terraform’s Terra Protocol, which was supposed to maintain UST’s value through an algorithm, failed to perform as promised. In response, Kwon allegedly reached an agreement with a high-frequency trading firm to artificially prop up the UST peg at $1. This action, intended to deceive investors, ultimately contributed to the downfall of Terraform’s financial system.
Other fraudulent activities outlined in the indictment include Kwon’s false claims about the Luna Foundation Guard (LFG), a body that Kwon misrepresented as an independent entity responsible for managing billions of dollars in financial reserves. In reality, Kwon controlled both Terraform and LFG, and he is accused of embezzling significant amounts from LFG to launder funds through complex financial transactions.
The indictment also describes Kwon’s role in manipulating the Mirror Protocol, an investing platform that claimed to allow users to create and trade synthetic versions of stocks. Kwon allegedly used automated bots to manipulate the prices of synthetic assets and inflated user metrics to deceive investors into believing the platform was more successful than it truly was.
Kwon’s fraudulent actions also extended to his claims about Terraform’s involvement with the Korean payment processing app Chai, which Kwon falsely presented as using Terraform’s blockchain to process billions of dollars in transactions. In reality, Chai used traditional financial processing systems, not the Terra blockchain.
Efforts to Evade Justice and Global Pursuit
Kwon’s attempts to flee justice came to a head when he was arrested in Montenegro in March 2023 while attempting to use a fraudulent passport to travel to a country that lacked an extradition agreement with the U.S. At the time of his arrest, Kwon was already facing charges from the Southern District of New York related to commodities fraud, securities fraud, and wire fraud.
The indictment charges Kwon with multiple counts of commodities fraud, securities fraud, wire fraud, conspiracy to commit fraud, and money laundering. If convicted on all charges, Kwon faces a maximum sentence of up to 130 years in prison. The U.S. authorities are determined to ensure that Kwon is held accountable for the damage caused to investors worldwide.
FBI’s Role in Cryptocurrency Fraud Case Investigation
James E. Dennehy, Assistant Director in Charge of the FBI New York Field Office, underscored the FBI’s commitment to pursuing fraudsters, even when they attempt to evade justice internationally. “For at least four years, Kwon allegedly played puppet master to maintain this crafted illusion and ensnare investors,” Dennehy said. The FBI, which worked closely with international partners, will continue to pursue individuals who engage in fraudulent financial practices, regardless of where they attempt to hide.
Legal Implications and Future Proceedings
Kwon is facing charges on several counts, each with severe penalties. For each count of commodities fraud, securities fraud, and wire fraud, he faces up to 20 years in prison. The charges also include a conspiracy charge for which he faces up to five years in prison and a money laundering charge with a penalty of up to 20 years in prison. Given the scope of the fraud and the global impact on investors, the legal proceedings in Kwon’s case are expected to be highly scrutinized in the coming months.
A federal judge will determine Kwon’s sentencing based on U.S. Sentencing Guidelines and other statutory factors. His case highlights the growing concern over the potential for manipulation and fraud in the emerging cryptocurrency market, as well as the importance of enforcing transparency and accountability in blockchain technologies.
Conclusion
As the legal process unfolds, Do Hyeong Kwon’s case serves as a stark reminder of the risks involved in the rapidly evolving cryptocurrency market.
The $40 billion loss to investors has left many individuals and organizations grappling with the financial fallout from Terraform’s collapse. With Kwon now facing U.S. justice, the case may set a significant precedent for holding cryptocurrency executives accountable for fraudulent activities that have widespread economic consequences.
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