The legal defense for Terraform Labs submitted a court filing that aims to show that its former CEO, Do Kwon, cannot be extradited to the United States.

In a Sept. 27 filing, the defense’s legal team noted that the U.S. Securities and Exchange Commission (SEC) intends to depose Kwon to the U.S. prior to Oct. 13. If the SEC were successful, Kwon would provide testimony in the securities case.

However, lawyers stated that such an appearance is “impossible” as Kwon is being held in Montenegro without a scheduled release or extradition date.

Defense lawyers additionally asked the court to reject the SEC’s alternative request for relief. If successful, that request would preclude Terraform Labs from submitting a statement from Kwon on summary judgment. Lawyers said that this would violate court rules because the SEC did not previously seek permission to obtain such an order, and because neither party has filed a summary judgment motion despite a looming deadline.

Finally, lawyers said that the SEC has mischaracterized evidence in order to prejudice Kwon. The SEC claims that online discussion logs show that Kwon intended to use Chai, a Korean payment app, to create fake on-chain Terra transactions.

Defense lawyers insist that the conversation in question actually concerns the staking of LUNA to validators and the generation of transactions between LUNA wallets.

Multiple authorities intend to charge Kwon

Kwon was previously arrested in Montenegro. In June, he was sentenced to four months imprisonment over forged travel documents. Authorities in the U.S. and South Korea separately seek to enforce charges against Kwon related to his alleged wrongdoing within the context of his Terra and Luna crypto projects.

The SEC’s case concerns both Kwon and his former company, Terraform Labs. The agency initiated that civil case in February despite Kwon’s absence from the U.S.

Reports from March suggest that Kwon separately faces criminal charges from the Department of Justice (DOJ), once again within the United States.