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The U.S. Securities and Exchange Commission (SEC) has raised concerns over Terraform Labs’ substantial payment of $166 million to its legal representatives, labeling the transaction as “suspicious” and potentially intended to evade financial obligations stemming from regulatory enforcement actions.
SEC is Trying to Prove the Accuracy of The Company’s Transfers
In a recent court filing submitted to the Delaware bankruptcy court, the SEC urged the denial of Terraform Labs’ retention of Dentons U.S. LLC as its special counsel. The SEC highlighted the sizable transfer of funds to Dentons, with $122 million of the total amount being moved within 90 days preceding the bankruptcy filing. This, according to the SEC, raises suspicions of an attempt to deplete company assets that could otherwise be directed towards settling any judgments arising from the SEC’s enforcement measures.
The SEC pointed out that a significant portion of the transferred funds was designated to the Dentons Advance Payment Retainer, characterized by the SEC as an obscure reservoir of resources for legal matters. This, the SEC argued, potentially serves as a “war chest” for Terraform Labs to prolong its legal battle against the SEC.
Furthermore, the SEC noted that a substantial portion of the payment to Dentons has already been allocated towards covering litigation expenses, leaving $81 million remaining in the Dentons Advance Payment Retainer. The SEC contends that Dentons should not be granted authorization to represent Terraform Labs unless the unused portion of the payment is returned.
Additionally, the SEC raised concerns about the utilization of the Dentons Advance Payment Retainer to finance legal expenses related to Terra CEO Kwon Do-hyeong’s criminal proceedings in Montenegro, which are deemed unrelated to his role at Terraform Labs.
In light of these concerns, the SEC has requested the court to appoint a fee examiner to scrutinize the suspicious timing and magnitude of the retainer payment.
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