Counsel representing Do Kwon, the former CEO of Terra, has asked a U.S. court to delay the Securities and Exchange (SEC) trial against him and his former company as he does not know when he will be extradited from Montenegro.

In a filing first spotted by Inner City Press, his counsel said that extradition proceedings in the country are not going as quickly as planned, and they do not think their client will be in the U.S. until February or March at the earliest.

Should the Court decline to postpone the trial, Kwon’s counsel asks that the jury be instructed that his absence and inability to testify be viewed as “not unduly prejudicial to him.”

The trial is currently scheduled to begin at the end of January.

Kwon’s extradition process has been delayed as his counsel has sIn the U.S., Kwon and the SEC have both filed for summary judgment in their legal dispute, each asking a federal judge to decide in their favor without a trial, arguing that the opposing party has not substantiated their case sufficiently.uccessfully appealed a Montenegro high court’s decision to extradite him to the U.S. or South Korea, with the Appeals Court ordering a retrial due to procedural issues.

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