U.S. prosecutors are seeking a 12-year prison sentence for Terraform Labs founder Do Kwon, arguing that the collapse of Terra and Luna amounted to one of the largest frauds in crypto history. The request, filed in the Southern District of New York, highlights the scale of losses tied to TerraUSD (UST) and Luna’s algorithmic failure—an implosion that erased more than $40 billion and triggered widespread contagion across the digital asset sector.
In their filing, prosecutors said Kwon spent years misleading investors about TerraUSD’s stability, artificially inflating its perceived safety and contributing to the system’s eventual collapse. They argued that the fallout extended far beyond market volatility, calling Terra’s unraveling “a defining moment” that reshaped global regulatory scrutiny of crypto markets.
Defense Arguments for a Lighter Sentence
Kwon’s defense team has pushed for a significantly lighter sentence—up to five years—claiming that coordinated trading activity from third parties and broader market stress helped accelerate TerraUSD’s depeg. They cited research, including Chainalysis data, suggesting that external actors exploited structural weaknesses rather than Kwon deliberately engineering the collapse.
Background of the Case
Kwon pleaded guilty in August to wire fraud and conspiracy charges. His criminal case stems from a March 2023 indictment that included commodities fraud, securities fraud, wire fraud and market manipulation allegations. The core of the case centers on TerraUSD, the algorithmic stablecoin designed to maintain a $1 peg through a balancing mechanism with its sister token, Luna. When that mechanism failed in May 2022, both assets collapsed rapidly, wiping out tens of billions in value and triggering insolvencies across multiple crypto firms.
Restitution and Forfeiture
Prosecutors are not seeking restitution, citing the complexity of calculating losses across global bankruptcy cases already underway. Instead, they requested forfeiture of roughly $19 million, noting that compensation efforts for victims will primarily be handled through restructuring processes tied to firms affected by Terra’s collapse.
International Legal Challenges
Kwon’s legal challenges span multiple countries. After being arrested in Montenegro in March 2023 for attempting to travel on forged documents, he was extradited to the United States in December 2024 following competing requests by both the U.S. and South Korea. He also previously lost a civil case brought by the U.S. Securities and Exchange Commission, where a jury found that Terraform Labs and Kwon misled investors about TerraUSD’s mechanics and backing.
Upcoming Sentencing
Sentencing is scheduled for December 11, marking a key moment in one of crypto’s most consequential legal sagas. While the ruling will conclude Kwon’s federal criminal case, numerous bankruptcy, civil and creditor proceedings tied to Terra’s collapse remain ongoing.