Montenegrin court delays Do Kwons extradition to South Korea
The Terraform Labs co-founder has been in Montenegro since his arrest in 2023, potentially facing extradition to either his native South Korea or the United States.
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The Terraform Labs co-founder has been in Montenegro since his arrest in 2023, potentially facing extradition to either his native South Korea or the United States.
The decision to extradite Do Kwon to either the US orSouth Korea has been returned to the High Court after the Court of Appeal in Montenegro granted an appeal by the Terraform Labs' Co-Founder and his lawyers.
Kwon's Appeal Granted
Montenegrin news outlet Vijesti reported today(Friday) that the countrys Court of Appeal accepted the arguments from Kwonslawyers. This action canceled a previous decision by the High Court and sentthe case back for retrial. This move represents the latest legal strategy byKwons team to postpone his extradition to either the US or South Korea,where he faces multiple criminal charges.
The initial ruling from the High Court in Podgorica onApril 8, 2024, determined that Kwon, a South Korean national, could beextradited for prosecution. However, the Court of Appeal found that thisdecision lacked decisive facts. Specifically, the High Court failed to providevalid reasons for its ruling, merely quoting an earlier decision by the SupremeCourt without adequate explanation.
The Court of Appeal highlighted the necessity of a cleardecision based on legal and factual issues. When multiple countries request theextradition of the same individual, specific criteria guide the decision. Thesecriteria are detailed in various international agreements, including theEuropean Convention on Extradition and the 1901 convention between Serbia and theUnited States. The first-instance court had not reportedly adequately examinedthese factors in Kwons case.
The High Court will now determine the case, ensuringKwon's consent to extradition was voluntary, informed, and irrevocable. Montenegros High Court now stands at acrossroads. The upcoming decision will determine whether Do Kwon will facejustice in the United States or South Korea.
Competing Extradition Requests
In March, Montenegro's Office of the Supreme StateProsecutor challenged the High Court's decision to extradite Kwon to SouthKorea. Montenegro's top prosecutor contended that the High Court oversteppedits authority by opting for an "abbreviated proceeding" to extraditeKwon to South Korea, bypassing a more thorough legal process.
The appellate court upheld the High Court's decision,but the Supreme State Prosecutor sought protection of legality from the SupremeCourt, asserting that only the Minister of Justice has the final say in suchmatters.
The United States has also requested Kwon's extradition,filing eight charges against him and indicating a willingness to prosecute himin absentia. Additionally, the US Securities and Exchange Commission hasbrought civil charges against Kwon and Terraform Labs. Kwon disappeared from public view after thecatastrophic collapse of TerraUSD and Luna cryptocurrencies in 2022, whicherased nearly $37 billion from the crypto market and led to several projectbankruptcies, before being arrested in Monetgenro.
This article was written by Jared Kirui at www.financemagnates.com.
The Terraform Labs co-founder was still in Montenegro as his lawyers and the courts considered requests for extradition to the U.S. and South Korea.
Do Kwon is in for a grim year In one Of Montenegro’s worst jails.
Concerning the fate of cryptocurrency entrepreneur Do Kwon,a Montenegrin court has ruled in favor of his extradition to his native SouthKorea. The decision marks the latest twist in the legal saga that unfoldedfollowing Kwon's arrest in the Balkan nation last year.
Appeals Court Reverses Decision: Extradition to USOverturned
The High Court's ruling came swiftly after an appeals courtoverturned its previous decision to extradite Kwon to the United States, wherehe faces charges related to a $40 billion crash of Terraform Labs'cryptocurrency. Kwon, aged 32, was apprehended on an international arrestwarrant, following allegations of fraud and financial misconduct thatdevastated retail investors globally.
The legal battle over Kwon's extradition has beentumultuous, with both South Korea and the United States vying for custody. Lastmonth, the High Court initially decided to hand over Kwon to the US, but theCourt of Appeals nullified the decision, citing procedural discrepancies overthe timing of extradition requests.
UPDATE: Do Kwon could be extradited from Montenegro to South Korea after March 23, his lawyer said. https://t.co/wSn2X7eypD
CoinDesk (@CoinDesk) March 7, 2024SEC Seeks Summary Judgment
Earlier, the USSecurities and Exchange Commission (SEC) filed for summary judgment againstKwon and Terraform Labs, aiming to avoid a full trial, as reported by FinanceMagnates. The SEC argues that there's no dispute that purchasers investedmoney, alleging that Kwon and Terraform sold securities. The case hinges onwhether the assets sold meet the criteria of an investment contract under theHowey test.
The SEC contends that pooling money with the expectation ofprofits from promoters satisfies the Howey test. They allege Terraform and Kwonengaged in fraudulent conduct, making misleading statements about the stabilityof UST and arranging third-party interventions. Kwon's defense team argues thatthe SEC hasn't proven they were offering securities.
This article was written by Tareq Sikder at www.financemagnates.com.Will the LUNC price reach $1? Let's take a look at this LUNC price prediction article in more detail.
Montenegro’s Supreme Court has intervened in Do Kwon’s extradition to South Korea, putting the process on hold indefinitely, according to a March 22 translation of the Court notice. The Court said it overturned previous decisions from two lower courts that had greenlit Kwon’s extradition to South Korea because of the Supreme State Prosecutor’s Office’s request. Consequently, […]
The post Montenegro’s Supreme Court stalls Do Kwon’s extradition amid legal tussle appeared first on CryptoSlate.
Terraform Labs co-founder Do Kwons pending extradition to South Korea has apparently been put on ice following a legal challenge issued Thursday by Montenegros top prosecutor.Source: CoinDesk
The post Do Kwons South Korea Extradition Uncertain After Challenge from Top Prosecutor appeared first on Crypto Breaking News.
The Appellate Court of Montenegro has declined Do Kwon’s appeal to halt his extradition to South Korea, according to a March 20 notice. In its ruling, the Court affirmed the High Court’s decision to deport Kwon, the co-founder of now-defunct Terraform Labs, to face criminal charges in South Korea. These charges are linked to his […]
The post Montenegro court rejects Do Kwon’s appeal, clears way for extradition to South Korea appeared first on CryptoSlate.
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According to the Montenegro-based newspaper Vijesti, Do Kwon, the co-founder of Terraform Labs, also known as Kwon Do-hyung, is appealing the detention extension ordered by a Montenegrin court. Kwon was arrested on March 23, 2023, after being caught at Podgorica Airport in Montenegro while traveling with fraudulent identification documents. Report Says Kwon’s Legal Representation Aims [...]
The post Report: Terra Co-Founder Do Kwon Plans to Appeal Detention Extension After Arrest in Montenegro appeared first on Crypto Breaking News.
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A Montenegrin high court judge has reportedly invalidated the bail application of Do Kwon, the co-founder of Terraform Labs. Kwon was detained for providing false identification while boarding a flight to Dubai alongside a companion on March 23, 2023. Terraform Labs Co-Founder’s Bail Request Invalidated by Montenegrin High Court For the past 62 days, Do [...]
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