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Re:SEC Charges Terraform and CEO Do Kwon with Defrauding Inv... by cormacrelf on Thursday February 16, 2023 @09:11PM (#34829795)
They apply to a court to get a civil penalty. You can be arrested by a court for flouting a court order like “don’t leave the country pal”, once it has established jurisdiction through the service process. Detaining people to enforce court orders is one of the core powers of the judiciary. Bringing an action and serving him while he was inside the jurisdiction of the court would have been good.
Re:SEC Charges Terraform and CEO Do Kwon with Defrauding Inv... by loeg on Thursday February 16, 2023 @09:29PM (#34829924)
Was he ever in the US? I thought he fled from South Korea.
Re:SEC Charges Terraform and CEO Do Kwon with Defrauding Inv... by cormacrelf on Thursday February 16, 2023 @09:42PM (#34830036)
Yes and yes. He is fleeing actual prosecution on criminal charges by the South Koreans.

He has even been served a subpoena by the SEC while in the US before. He was forced to sit down and respond to questions. He sued them about it because the SEC is supposedly not meant to serve you in public, but I suspect he was a pretty tricky guy to serve at all. Early enforcement would have been good, and it maybe would have required a bit of force given what we know about his flight risk.

https://news.bitcoin.com/sec-files-action-against-terraform-...

Re:SEC Charges Terraform and CEO Do Kwon with Defrauding Inv... by JumpCrisscross on Friday February 17, 2023 @02:33AM (#34831905)
> apply to a court to get a civil penalty

“Apply” as in win a trial. That’s not quick. And it requires a track record of Kwon flouting the agency.

Re:SEC Charges Terraform and CEO Do Kwon with Defrauding Inv... by cormacrelf on Friday February 17, 2023 @10:26AM (#34835680)
You apply to have the case heard. The judge says ok, you served him, I will exercise my jurisdiction and hear this, Mr Kwon, show up in court next Tuesday (or else). It should not result in detention in a normal case. But it can.