According to court documents, the
SEC lacks jurisdiction over
Terraform Labs and
Kwon. The lawsuit claims that:
The SEC attorneys are well aware that the TFL and Mr. Kwon have repeatedly asserted that the SEC has no jurisdiction over TFL and Mr. Kwon, and at no time have asked the Dentons' attorneys whether they were authorized to accept the subpoenas to appear in court or not.
Additionally, the lawsuit claims that the
SEC has also broken its own rules regarding the management of these incidents. The subpoenas were served publicly, and in fact, one of the assistants at
Messari's
Mainnet witnessed the delivery of these subpoenas. This goes against the policy of the
SEC which states that these official matters must be kept confidential until the organization has otherwise stated.
The lawsuit asks for the subpoena to be deemed void, and also seeks damages, including attorneys' fees and relief, if the court deems appropriate. And this will certainly be the focus next time, I don't know which way the outcome of the case will go, but this action has shown me the controversial procedural limitations that need to be removed soon.