Terra Decision Won’t Apply to Coinbase and Binance Case: Experts

• Bill Morgan believes the significant issue in the Terra case is the marketing of UST, LUNA, and YIELD.
• Dave Weisberger noted that Kwon guaranteed returns and told the public he would ensure Terra’s success.
• According to Morgan, the Terra decision may have less relevance than the facts in the Coinbase and Binance matters

Crypto lawyer Bill Morgan acknowledged the thoughts of the co-CEO of Coin Routes, Dave Weisberger, with regard to Terra in a Twitter post. Both Morgan and Weisberger believe the significant issue in the Terra case is the marketing of UST, LUNA, and YIELD through Anchor Protocol by Do Kwon.

Weisberger noted that Kwon guaranteed returns and told the public he would ensure the project’s success. He described the move as an investment contract, noting that it had nothing to do with the crypto tokens.

Acknowledging Weisberger’s position, Morgan noted that the Terra case was a fact-specific application of the Howey test and may be as singular and standalone as the Torres decision on Ripple sales of XRP. According to him, it may have less relevance and persuasive value than the Torres decision to the facts in the Coinbase and Binance matters…

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