Disgraced Terraform Labs founder Do Kwon is reportedly asking a judge to delay the U.S. Securities and Exchange Commission’s (SEC) trial to March so he can make an appearance.
In a new letter addressed to the court uncovered by Inner City Press, Kwon’s lawyers ask District Judge Jed S. Rakoff to postpone the trial until Kwon – who is currently being held by authorities in Montenegro – can be extradited.
In the letter, Kwon’s lawyers say that if the judge cannot grant his request, he’d like the jury to be instructed on why he was unable to testify.
“Mr. Kwon wishes to attend his trial. Counsel had hoped the extradition proceedings in Montenegro would proceed more quickly than they have. Unfortunately, it now appears that Mr. Kwon is not likely to be extradited until February or March at the earliest. We understand the Court cannot put the trial on hold indefinitely, but an adjournment until mid-March would provide a realistic possibility for Mr. Kwon to attend.
For these reasons, Mr. Kwon does not waive his right to attend and requests a short adjournment of the trial date to allow for his attendance. Should the Court decline to adjourn the trial date, Mr. Kwon intends to ask the Court to provide the jury with an instruction regarding Mr. Kwon’s absence and inability to testify that is not unduly prejudicial to him.”
Kwon was arrested in Montenegro last year after attempting to board a flight to Dubai with forged documents. He is wanted by authorities in both the US and South Korea for his alleged role in the multi-billion-dollar downfall of the Terra (LUNA) ecosystem in 2022.
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