Binance.US and SEC Tussle: A Case of Compliance, Transparency and Potential Risks in Crypto

A symbolic courtroom drama scene, dusk lighting casting long, suspenseful shadows. Two figures representing SEC and Binance.US, facing off across a vintage wooden desk cluttered with papers and obscured documents. Ambiguity in the characters' faces, evocative of tension and distrust, painted in a stark, noir-esque art style. Background subtly hinting at diverging paths, symbolizing potential risks and opportunities in crypto regulation compliance.

Following recent events, the relationship between the US Securities and Exchange Commission (SEC) and Binance.US seems fraught. In a court filing dated Sept. 14, it was revealed that the SEC accused Binance.US of non-cooperation in an ongoing investigation, claiming the crypto exchange has failed to provide all the necessary documents.

According to the filings, Binance.US’s holding company, referred to as BAM, has only produced 220 documents for the investigative process. Discontentedly, the SEC found many of these documents “unintelligible” and lacking essentials such as dates or signatures. To make matters worse, BAM has dodged providing critical witnesses for deposition, limiting the SEC to only four depositions of witnesses it saw fit. This subpoena-ducking tactic has added fuel to the fire, escalating the existing dissatisfaction between the two parties.

Binance.US’s use of Ceffu, wallet custody software, also elicited concerns from the SEC. This tool, provided by the global entity Binance Holdings Ltd, caused the SEC to express apprehension over the possibility of funds being diverted abroad. The statement went further to claim that BAM’s initial acknowledgment of Ceffu as its wallet custody software provider took a twist when later, BAM declared Binance as its wallet service provider.

Beyond this questionable rearrangement, Binance.US faces legal heat over charges pressed by the SEC, including unregistered securities offerings and its staking program. It’s alleged that Binance.com, Binance.US, and BAM Trading should have registered as clearing agencies, broker-dealers, and exchanges, respectively, a requirement they seemingly overlooked.

Equally troubling is the brewing internal crisis at Binance.US with top executives exiting the firm in droves. This mass exodus of leadership amplifies questions surrounding the crypto exchange’s position and expected compliance.

This SEC investigation into Binance.US is part of broader ongoing regulatory scrutiny aimed at the crypto industry. Given the transgression, non-compliance might result in hefty penalties that could destabilize the crypto exchange’s functionality. On the flip side, SEC’s push for increased compliance and transparency can be viewed as necessary for shaping a safer and more reliable crypto industry. Regardless, the unfolding developments between the SEC and Binance.US underscore the importance of aligning with established rules and the potential risks of defiance.

Source: Cointelegraph

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