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Yield platform Stablegains sued for promoting UST as a ‘safe’ investment

The stablecoin yield platform is being sued for customer losses following exposure to the Anchor Protocol and UST collapse last year.

Decentralized finance yield platform Stablegains has been sued in a Californian court for allegedly misleading investors and failing to comply with securities laws.

On Feb. 18, plaintiffs Alec and Artin Ohanian filed a complaint in the U.S. District Court for the central district of California.

In it they alleged that Stablegains, a DeFi platform launched in August 2021, diverted all of its customer funds to the Anchor Protocol without their knowledge or consent.

Anchor Protocol offered yields of up to 20% on the Terraform Labs algorithmic stablecoin, Terra USD (UST).

“As an early supporter of and investor in TFL [Terraform Labs], Stablegains is intimately familiar with UST and LUNA. In fact, Stablegains, Inc. falsely advertised UST as a safe investment.”

Stablegains offered a 15% gain for its customers, pocketing the difference from yields offered by Anchor Protocol.

The plaintiffs are also claiming that Stablegains broke federal securities laws, alleging that UST was a security:

“Stablegains plainly failed to comply with federal and state securities laws. Stablegains failed to disclose that UST is in fact a security.”

The complaint added that the firm failed to register with the U.S. Securities and Exchange Commission either as a securities exchange or as a broker-dealer.

The Ohanians stated that there were “disastrous consequences for Stablegains’ customers,” following the collapse of the UST ecosystem in May 2022. UST de-pegged from the dollar causing a broader run on DeFi and crypto markets in May and an eventual loss of around $18 billion from the Terra/Luna ecosystem.

Following the collapse, Stablegains allegedly altered its website and promotional material touting UST as “safe” and “fiat-backed,” effectively conceding that UST was none of those things, the complaint stated.

Instead of liquidating assets and returning funds to customers, Stablegains , “retained the majority of the devalued assets deposited by its users, unilaterally opting to redirect them into Terra 2.0,” it added.

On May 22, Stablegains discontinued its services, apps, and support for Anchor Protocol, requesting that users withdraw their funds. As reported by Cointelegraph, Stablegains was hit with a similar lawsuit at the time.

Related: SEC sues Do Kwon and Terraform Labs for fraud

The specific amount sought in damages was not detailed, however, the plaintiffs did demand a trial.

On Feb. 16, the SEC filed a lawsuit against Terraform Labs and its founder, Do Kwon, for allegedly “orchestrating a multi-billion dollar crypto asset securities fraud.”

SEC Now Demands $102.6 Million Penalty From Ripple in XRP Case

Terra fallout: Stablegains lawsuit, Hashed loses billions, Finder wrong and more…

Yield generation app Stablegains is facing a lawsuit after losing around $44 million worth of user funds in the Terra collapse when it previously said it allocated funds “across a number of stablecoins”.

Fallout from the collapse of the Terra ecosystem continues to unfold with the United States-based yield generation app Stablegains facing potential legal action over its losses from the event.

Users believe Stablegain has allegedly lost up to $44 million worth of deposited funds based on a post on a Terra forum by co-founder Kamil Ryszkowski asking for relief funding. He disclosed that a day before TerraUSD (UST) had lost its peg with the U.S. dollar its users’ funds totaled over 47.6 million UST from 4,878 depositors.

Currently the price of UST is trading at $0.075 according to data from CoinGecko.

A letter from class action law firm Erickson Kramer Osbourne (EKO) sent to Stablegains dated May 14 demands a record of customer accounts, marketing materials and any communications regarding UST.

“You owe an ‘uncompromising duty to preserve’ any evidence you know or reasonably should know will be relevant evidence in a pending lawsuit” the letter said, adding “failure to comply…may result in civil or criminal penalties”.

EKO verified the letters' authenticity to Cointelegraph and said it had opened an investigation into the Terra ecosystem collapse for possible class action.

Stablegains users were able to earn up to 15% annual percentage yield (APY) on deposited US dollars which the company apparently swapped to UST to earn yield on the Anchor Protocol.

Documentation from Stablegains’ website updated seven days ago claims that USDC and UST are “the main stablecoins” used.

The site still maintains that “Anchor is our current go-to protocol, and the basis for the Stablegains stable 15%+ APY rate.”

According to cached results of the webpage Stablegains said it allocates funds “across a number of stablecoins to not be fully exposed to the potential instability of one stablecoin” however users allege the company has since amended the wording on how it mitigates risks.

Stablegains has started allowing withdrawals but USDC will only be provided at the market value of UST. Part of the terms and conditions noticed by a user stipulates the company isn’t liable for losses due to the exchange rate.

Hashed takes a big hit

South Korean based venture fund Hashed has taken an estimated $2.9 billion loss on its Terra (LUNA) holdings according to on-chain data.

The crypto wallet linked to Hashed shows the firm still holds nearly 25 million LUNA which could have netted the firm almost $3 billion if sold at the coins all-time high of $118 in early April.

Reportedly Hashed has said that it is “financially sound” and has not been affected by the Luna price collapse.

Finder survey 92% wrong

In late March comparison website Finder conducted a survey of 36 “fintech specialists” who provided some bullish predictions on the price of LUNA.

The survey concluded that the pundits “thought LUNA would be worth $143 by the end of 2022 before rising to $390 by 2025.”

Dr. Dimitrios Salampasis, a financial lecturer at ​​Swinburne University of Technology in Victoria, Australia was one of only three (8.3% of the experts) doubting Terra and was quoted saying algorithmic stablecoins are “inherently fragile and are not stable at all,” and added “LUNA will be existing in a state of perpetual vulnerability.” Well played Dr Salampasis.

'No plans' for LFG’s AVAX reserves

The Luna Foundation Guard (LFG), which supports/fails to support the Terra network has “disclosed no plans to use” the Avalanche (AVAX) reserves it holds according to a tweet from the Avalanche blockchain team.

The LFG and Terraform Labs (TFL) purchased around $200 million worth of AVAX in April to back its UST stablecoin. The price of AVAX dropped 30% earlier in May on fears the LFG would sell its AVAX to save the UST peg.

However Avalanche says the TFL portion of over 1 million AVAX has a lockup period of one year.

LFG’s treasury currently holds $61 million worth of AVAX and is the second-largest holding behind UST in its $225 million reserves. Avalanche says the proposed Terra chain fork is why the foundation isn’t planning to sell.

Delphi: 'You were right and we were wrong'

Crypto-focused research and investment group Delphi Digital published a postmortem on May 18 regarding its losses due to the collapse saying it “always knew something like this was possible”.

“We miscalculated the risk of a 'death spiral' event coming to fruition. We’ve taken some heat for this over the last week, and we deserve it. The criticism is fair and we accept it.”

The firm didn’t disclose the dollar amount of its losses but said it purchased a “small amount” of LUNA worth around 0.5% of its net asset value (NAV) in the first quarter of 2021 which grew to around 13% of NAV as the price gained and the firm made more investments.

It added less than 5% of its Delphi Ventures deals were in “companies or protocols related to the Terra ecosystem” including a February 2022 $10 million investment into the LFG with the firm writing:

“A $10M investment which, based on the current LUNA price, is entirely lost. Delphi Ventures did not sell any LUNA during this event.”

The news on Terra isn’t all bad, Pantera Capital an early investor in Terra revealed that it had cashed out around 80% of its LUNA investment with the firm turning $1.7 million into around $170 million according to partner Paul Veradittakit.

SEC Now Demands $102.6 Million Penalty From Ripple in XRP Case