Binance.US Pushes Back against SEC's "Unreasonable" Data Requests
Binance.US, the U.S. arm of the global cryptocurrency exchange, has responded strongly to the United States Securities and Exchange Commission (SEC) in an ongoing legal dispute. The exchange's attorneys has filed sealed...
Archive context
Older archive item. Useful for background and entity history, but not a fresh market-moving signal.
Binance.US, the U.S. arm of the global cryptocurrency exchange, has responded strongly to the United States Securities and Exchange Commission (SEC) in an ongoing legal dispute. The exchange's attorneys has filed sealed documents today on September 12 opposing the SEC's motion to compel, deeming many of the SEC's demands "unreasonable" and "unduly burdensome."
Unreasonable Depositions: BAM's Arguments against CEO and CFO Testimonies
In their opposition, BAM Trading Services, which operates Binance.US, asserted that the SEC's requests for information and interrogatories were overly broad and beyond the scope of the consent order. They argued that the SEC's insistence on obtaining detailed information and conducting depositions of BAM's CEO, Brian Shroder and the CFO, Jasmine Lee was unreasonable.
BAM's legal team contended that Shroder and Lee had no unique knowledge regarding the custody and transfer of customer assets at Binance.US, making their depositions unnecessary. They also pointed out that other witnesses, such as BAM's Chief Information Security Officer, Erik Kellogg could provide more insight into the exchange's operations.
The attorneys emphasized that the burden imposed by these depositions outweighed any potential benefit. The requested discovery was disproportionate to the needs specified in the consent order.
Lack of Evidence: BAM Contests SEC's Assertions on Asset Diversion
BAM challenged the SEC's allegations that customer assets had been diverted, stating that the SEC had "no evidence to support its unsubstantiated allegations." They described the SEC's claims as misleading and mistaken.
BAM's response comes following a joint motion, agreed by both Binance and the SEC, to file confidential information under seal. This agreement, made on September 11, restricts access to certain material, allowing only the judge, attorneys, plaintiffs, and defendants to view confidential and non-public information.
Navigating Legal Challenges: Binance's Ongoing Battle with U.S. Regulators
Finance Magnates reported in mid-August that an ongoing legal battle between Binance's entities and the SEC, a federal judge has referred the matter to the magistrate court. The SEC had requested information from Binance.US regarding user asset custody and security, which the exchange deemed irrelevant to the case. Binance's legal team previously filed a protective order to counter what they viewed as the SEC's excessive data demands. This order aims to limit employee depositions to four and exclude the CEO and CFO.
The legal dispute began when the SEC accused Binance and its CEO of orchestrating deceptive practices, including inflated trading volumes and the diversion of funds. To protect investors' funds, there have been negotiations conducted while allowing the exchange to operate under regulatory supervision.
Amid these legal challenges, Binance has experienced a decline in market share among top-tier exchanges, falling from 80% to around 68% this year, according to CCData.
The legal battle between Binance.US and the SEC continues, with both sides firmly entrenched in their positions, and makes it a closely watched case in the cryptocurrency industry.
This article was written by Tareq Sikder at www.financemagnates.com.Why this matters
This research story adds another data point to the current market tape and is useful when read alongside nearby source coverage.
Original source
Read on Finance MagnatesRelated market context
Is "Reverse Solicitation" Under Scrutiny? EU Probes Binance’s Services after Wind-Down Order
EU officials are questioning crypto exchange Binance over its use of reverse solicitation, a legal exemption, to keep serving cust...
ESMA and National Regulators Scrutinize Binance’s Reliance on ‘Reverse Solicitation’ Exemption in the EU, FT Reports
The European Securities and Markets Authority (ESMA) and national regulators in France, Germany and Greece are questioning Binance...
Japan’s biggest payment network opens its doors for crypto via Binance Pay
Japanese payment provider PayPay added Binance Pay on Sept. 30, letting eligible overseas visitors pay from their crypto balances...
Introducing The Information Exchange on Solana, Powered by Decrypt and MYR
Decrypt is the destination, Myriad is the infrastructure and MYR is the token for a connected media ecosystem.
EU regulators question Binance over unlicensed operations in Europe
Increased scrutiny on Binance may lead to stricter EU crypto regulations, impacting compliance costs and operational strategies fo...
Bitcoin’s Price Jumps Above $85,000 on Lighter-Than-Expected Inflation Data
Bitcoin Magazine Bitcoin’s Price Jumps Above $85,000 on Lighter-Than-Expected Inflation Data Bitcoin’s price rose — albeit slightl...