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Binance Takes Legal Action: Seeks Dismissal of SEC Fraud Lawsuit
Binance, the world’s largest cryptocurrency exchange, is set to face the U.S. Securities and Exchange Commission (SEC) in a Washington courtroom this Friday. The exchange, along with its CEO and founder Changpeng Zhao and Binance.US’s operator, is seeking the dismissal of a lawsuit filed by the SEC in June.
The SEC’s allegations against Binance include accusations of artificially inflating trading volumes, diverting customer funds, failure to restrict U.S. customers, and misleading investors about market surveillance controls. Additionally, Binance was accused of facilitating the trading of crypto tokens classified as securities by the SEC.
This legal battle follows closely on the heels of a similar hearing involving the SEC and U.S. exchange Coinbase. While Coinbase faced accusations of operating as an unregistered securities exchange, Binance is confronting charges of fraud, marking a critical distinction in the two cases.
BAM Trading, the operator of Binance.US, has vehemently contested the SEC’s claims, arguing that the regulator has failed to make a compelling case of fraud against Binance. Furthermore, Binance has asserted that the SEC lacks the authority to oversee crypto assets, echoing a sentiment shared by Coinbase in its defense.
Despite Binance Holdings reaching a $4.3 billion settlement with the U.S. Department of Justice and Commodity Futures Trading Commission last year, and Changpeng Zhao pleading guilty to violating anti-money laundering laws, the SEC’s lawsuit continues to loom over the core business model of Binance. The case is part of a broader regulatory trend as the SEC, under the leadership of Chair Gary Gensler, expands its focus from companies issuing digital tokens to those providing trading platforms, clearing activities, and serving as broker-dealers.
Crypto companies, including Binance and Coinbase, maintain that most tokens do not meet the SEC’s definition of a security. They argue that industry-specific legislation is necessary to provide clear regulatory guidelines for the rapidly evolving cryptocurrency space. As Binance seeks dismissal, the outcome of this legal battle will undoubtedly have far-reaching implications for the regulatory landscape of the cryptocurrency industry.
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