SEC Accuses Binance.US of Discovery Failures in Court Filing
In a recent court filing, the U.S. Securities and Exchange Commission (SEC) accused Binance’s holding company, BAM, of various discovery failures and regulatory violations. The SEC pointed out concerns about asset control, inconsistent statements, uncooperative responses, and limited cooperation in providing witness testimonies.
BAM’s Failure to Provide Sufficient Documents
The SEC alleged that BAM failed to provide enough documents related to customer assets upon the agency’s discovery requests. During the discovery process, BAM only submitted 220 documents, which included unintelligible screenshots and items without dates or signatures.
Uncooperative Responses and Timing Issues
The SEC also accused Binance.US of being uncooperative in responding to demands for relevant communications and refusing to produce documents that it claimed did not exist, even though the SEC obtained these documents from other sources. Additionally, BAM’s document production failed to meet the timing set by the regulator.
Concerns About Customer Assets
The court filing highlighted concerns about customer assets coming under the control of Ceffu, a wallet custody software service owned by Binance Holdings Ltd. The SEC argued that Ceffu appeared to have control over customer assets through its role in establishing wallets and keys related to BAM Customer Crypto Assets.
Inconsistent Statements and Limited Cooperation
BAM was accused of providing inconsistent statements regarding Ceffu’s involvement in asset custody. Initially, BAM claimed that Ceffu’s activities were unrelated to the custody and control of customer assets but later acknowledged its role in creating new crypto asset cold wallets and keys. Moreover, BAM consented to only four testimonies from witnesses it considered suitable, raising concerns about transparency and compliance.
Leadership Shakeup
Under increased regulatory pressure, Binance has denied the SEC’s allegations and pledged to fight the charges in court. However, the legal battle has affected the company’s operations, leading to several key personnel departures. The CFO, COO, and chief risk officer have all left Binance. Other branches of the company have also experienced executive departures.
Hot Take: Binance Faces Legal and Operational Challenges Amidst SEC Lawsuit
Binance’s ongoing legal battle with the SEC has put the exchange under scrutiny and resulted in significant operational changes. The SEC’s accusations of discovery failures and regulatory violations have raised concerns about asset control, transparency, and compliance at Binance.US. Additionally, the departure of key personnel suggests that the company is facing difficulties in handling the investigation. While some argue that these departures are part of a normal turnover cycle, others see them as signs of Binance’s struggle. As the legal proceedings continue, Binance must navigate these challenges to maintain its position in the crypto industry.
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