Do Kwon Faces 12 Years as Prosecutors Call Terra Collapse a Massive Fraud

Why Are Prosecutors Asking for 12 Years?

US prosecutors say Terraform Labs founder Do Kwon should serve 12 years in prison for his role in the $40 billion failure of the Terra and Luna tokens. In a sentencing submission filed Thursday with Judge Paul Engelmayer of the Southern District of New York, the government cited the scale of the collapse, prior misconduct and the losses tied to misleading statements about Terra USD’s stability.

“The sheer scale and impact of Kwon’s yearslong fraud is notable,” prosecutors wrote. “Kwon deprived UST and Terra purchasers of the ability to make fully informed decisions about their purchases, and artificially inflated the value of Terraform’s cryptocurrencies, which directly enriched and raised Kwon’s profile.”

Prosecutors argued the fallout went far beyond trading losses. Terra USD’s breakdown set off a chain reaction across the crypto sector in 2022, pushing several firms into insolvency and contributing to one of the most damaging market contractions in recent years.

Investor Takeaway

What Did Kwon’s Defense Argue?

Last week, Kwon’s lawyers said a prison term of up to five years would be enough. They claimed the crash was partly driven by coordinated trading activity from third-party firms exploiting structural fragilenesses in Terra USD, referencing academic papers and Chainalysis research. They also pointed to broader market pressures at the time, arguing that Kwon should not shoulder the full weight of a collapse that spiraled later than external actors targeted the system.

Kwon pleaded guilty in August to wire fraud and conspiracy . His charges date back to March 2023, when he was indicted for , commodities fraud, wire fraud, securities fraud and conspiracy connected to market manipulation and money laundering.

The case centers on Terra USD, an algorithmic stablecoin that relied on incentives and a feedback mechanism with its sister token Luna to hold its peg. When the mechanism failed, both tokens unraveled, erasing tens of billions in value and setting off broad market contagion. Prosecutors say Kwon misled the public about the risks built into the system.

Why Aren’t Prosecutors viewking Restitution?

Prosecutors asked the court to order Kwon to forfeit a little more than $19 million. They said they would not viewk restitution due to the administrative burden of calculating losses for individual investors, especially as many claims are already tied to ongoing bankruptcy cases.

“The cost and time associated with calculating each investor-victim’s loss, determining whether the victim has already been compensated through the pending bankruptcy, and then paying out a percentage of the victim’s losses, will delay payment and diminish the amount of money ultimately paid to victims,” prosecutors wrote.

This approach mirrors other large-scale fraud cases where overlapping bankruptcy processes complicate direct court-ordered restitution. For Terra’s victims, most compensation efforts now run through insolvency proceedings tied to firms damaged by the collapse.

Investor Takeaway

What Happens Next in Kwon’s Legal Saga?

Kwon’s legal battles span multiple jurisdictions. He was arrested in Montenegro in March 2023 for attempting to travel with forged documents. Both the US and South Korea sought his extradition, leading to months of court disputes before Montenegro granted the US request. He was extradited to the United States in December 2024.

Beyond the criminal case, Kwon also faced civil charges from the . In April 2024, a jury found that Terraform Labs and Kwon misled investors and were liable for civil fraud. The SEC’s case examined public statements about Terra USD’s mechanics, stability and backing.

Thursday’s filing was signed by Jay Clayton, the US Attorney for the . Clayton previously served as SEC chair during the Trump administration and was appointed to his current role in late 2024.

Kwon’s sentencing is scheduled for Dec. 11. The ruling will close one chapter of the Terra case but leave ongoing bankruptcy and civil matters in motion across several courts.