US Federal Judge Questions SEC’s Position on Cryptocurrencies
A US federal judge in Washington DC has questioned the US Securities and Exchange Commission (SEC) about its stance on cryptocurrencies during a hearing against Binance Holdings Ltd. The SEC is facing opposition from Binance, its US arm, and former CEO Changpeng Zhao who are seeking to dismiss charges brought by the SEC last year.
SEC Requested to Define Boundaries for Virtual Tokens
Judge Amy Berman Jackson of the US District Court for the District of Columbia asked the SEC to provide a clear definition of what it considers a security in relation to virtual tokens. The SEC, led by Chair Gary Gensler, believes that most crypto assets fall under its jurisdiction and are subject to its regulations. However, Judge Jackson expressed concerns about this stance and questioned how issuers are supposed to know when they cross the line.
SEC Accuses Binance of Securities Violations
Last year, the SEC accused Binance and Changpeng Zhao of mismanaging customer funds, providing misleading information, and violating securities regulations. The SEC also alleged that Binance offered unregistered securities to US investors. Binance and Zhao are currently contesting these allegations in court.
Binance Argues No Post-Sale Obligations
Binance’s attorney, Jason Mendro, argued that the company had no obligations to investors after the sale of specific tokens, which is crucial for their argument that these assets should not be classified as securities. Binance also claimed a lack of fair notice from the SEC regarding its interpretation of securities laws. However, Judge Jackson expressed skepticism about the persuasiveness of this argument.
SEC Highlights Binance’s Marketing Efforts
On the other hand, the SEC’s attorney, Jennifer Farer, pointed to Binance’s marketing activities promoting its tokens. Farer argued that these promotional efforts suggested that investors expected a profit similar to investing in securities.
Hot Take: Judge Questions SEC’s Position on Cryptocurrencies
A US federal judge has challenged the SEC’s stance on cryptocurrencies during a hearing against Binance. The judge requested the SEC to provide a clear definition of what it considers a security for virtual tokens, expressing concerns about issuers’ ability to know when they cross the line. Meanwhile, Binance is contesting allegations of securities violations and argues that it holds no post-sale obligations to investors. The SEC highlights Binance’s marketing efforts as evidence that investors anticipated profits akin to securities investments. This high-profile case raises questions about the extent of the SEC’s power over crypto assets and the need for clear regulatory boundaries.
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