Disgraced Terraform Labs founder Do Kwon has reportedly asked a judge to delay the US Securities and Exchange Commission (SEC) trial until March so he can appear.
In a new letter addressed to the court, discovered by Inner City Press, Kwon’s lawyers to ask District Judge Jed S. Rakoff will postpone the trial until Kwon – who is currently being held by authorities in Montenegro – can be extradited.
In the letter, Kwon’s attorneys say that if the judge cannot grant his request, he would like the jury to be instructed as to why he could not testify.
“Mr Kwon wants to attend his trial. The counselor had hoped that the extradition procedure in Montenegro would proceed faster than is currently the case. Unfortunately, it now appears that Mr. Kwon will likely not be extradited until February or March. We understand that the Court cannot suspend the trial indefinitely, but a postponement until mid-March would provide Mr Kwon with a realistic opportunity to attend.
For these reasons, Mr. Kwon does not waive his right to be present and requests a brief postponement of the trial date to allow for his presence. Should the Court refuse to postpone the trial date, Mr. Kwon intends to ask the Court to instruct the jury regarding Mr. Kwon’s absence and inability to testify, which is not unduly prejudicial to him .’
Kwon was arrested in Montenegro last year after trying 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 demise of the Terra (LUNA) ecosystem in 2022.
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