Ooki DAO misses lawsuit response deadline, default judgment on the cards

Regulation

The Commodity Futures Trading Commission (CFTC) has begun the process of getting a default judgment in its case against Ooki DAO after the latter missed the deadline to respond to the lawsuit. 

According to a Jan. 11 court filing, the regulator has requested the court for an “entry of default” against the decentralized autonomous organization (DAO), stating it had missed the deadline to “answer or otherwise defend” as instructed by the summons. 

If approved, the entry of default will establish Ooki DAO has failed to plead or defend itself in court and will no longer be able to answer or respond to the suit.

An “entry of default” is the first step in the process of gaining a default judgment — a ruling handed down by the court when the defendant fails to defend a lawsuit.

The lawsuit in question was filed by the CFTC on Sep. 22, 2022, alleging Ooki DAO of illegally offering “leveraged and margined” digital asset commodity transactions to retail traders along with failing to enact a way to identify customers and “engaging in activities only registered futures commission merchants (FCM) can perform.”

Related: CFTC action shows why crypto developers should get ready to leave the US

The lawsuit was served to the DAO through its help chat box along with a notice on its online forum.

In Dec. 2022, District Judge William Orrick ordered the regulator to serve Tom Bean and Kyle Kistner, the founders of a predecessor trading platform to Ooki DAO, adding the CFTC “should serve at least one identifiable Token Holder if that is possible.”

Bringing forward the lawsuit without clear regulatory guidelines had many criticize the regulator. CFTC commissioner, Summer Mersinger, even called the action a “regulation by enforcement” approach.

Articles You May Like

Ripple’s CLO Criticizes US SEC’s Latest Appeal, Questions Legal Strategy
XRP Price Bullish Potential Grows – A Surge Above $0.65 Will Trigger Buyers
Ripple Vs. SEC Battle Rages On: CEO Fires Back At Regulator For Appealing Court’s Decision
Ethereum ICO Participant Offloads 6,000 ETH As Bearish Sentiment Intensifies
Ethereum At Risk Of Further Decline: Top Investor Sets $2,150 Target If Support Breaks