Binance Challenges SEC's Crypto Allegations, Cites Misinterpretation of Court Rulings in Dismissal Motion

November 5, 2024
Binance Challenges SEC's Crypto Allegations, Cites Misinterpretation of Court Rulings in Dismissal Motion
  • This legal action follows Binance's admission to various legal violations in November 2023, which resulted in a $4.3 billion fine and Zhao serving four months in prison.

  • This legal battle stems from a year-long dispute that began with the SEC's initial lawsuit against Binance in June 2023, which accused the company of unregistered securities operations.

  • Binance's legal team references the SEC vs. Ripple case, where a court ruled that XRP was only a security when sold to institutional investors, arguing that the SEC is ignoring this precedent.

  • The motion seeks to reject the SEC's request for disgorgement and to prevent Zhao from participating in the securities market, citing a lack of evidence of harm to customers.

  • On November 4, 2024, Binance and its former CEO Changpeng Zhao filed a motion to dismiss an amended complaint from the U.S. Securities and Exchange Commission (SEC) regarding alleged violations involving several cryptocurrencies.

  • Binance's motion highlights a broader trend of legal pushback against regulatory overreach, as companies seek clearer operational guidelines.

  • The motion also points out the SEC's recent abandonment of claims related to Ethereum transactions, suggesting selective enforcement and emphasizing the need for clear regulatory standards.

  • Binance argues that the SEC's allegations of illegal securities trades lack a coherent legal foundation and fail to clarify its standards.

  • The SEC's complaint claims that Binance conducted 'blind transactions' without full disclosure to buyers about the origins of the assets, a common issue in the crypto industry.

  • A previous ruling by a U.S. federal judge determined that Binance's BUSD and Simple Earn programs, as well as secondary sales of BNB, are not investment contracts.

  • As the case unfolds, the SEC's regulatory approach is expected to significantly impact the future of cryptocurrency regulations in the U.S., affecting other companies in the industry.

  • In their filing, Binance contends that the SEC is misinterpreting a court ruling that stated crypto assets are not inherently securities and that secondary market transactions should not be classified as such.

Summary based on 6 sources


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