Binance says its admissions of guilt regarding its long history of noncompliance shouldn’t be used by America’s securities regulator to illustrate the digital asset exchange’s refusal to comply. This week, Binance submitted a flurry of new briefs with the U.S. District Court for the District of Columbia, addressing the civil complaint filed by the Securities and Exchange Commission (SEC) against Binance and its founder Changpeng ‘CZ’ Zhao. Binance/CZ stand accused of offering unregistered securities to U.S. citizens and misleading investors for profit. The SEC filed a brief on December 8 asking the court to allow the SEC to introduce evidence from the record $4.3 billion settlement reached last month between Binance/CZ and the U.S. Department of Justice, asserting that the facts presented and admissions of guilt within that settlement complement the SEC’s case against Binance. Binance’s defense against the SEC complaint is that the exchange never received “fair notice” from the SEC that it was violating America’s securities laws. However, the SEC argues that Binance was “aware of and deliberately took steps to subvert U.S. law,” and the SEC further claims that Binance can no longer claim that the SEC’s complaint involves “non-actionable extraterritorial conduct” since Binance/CZ admitted having “deliberately conspired to not comply with U.S. law” to boost profits. On December 12, Binance/CZ filed their response to the SEC’s brief, rejecting the allegations of procedural impropriety and attempting to demonstrate irrelevance of the DOJ settlement. Binance/CZ also filed new motions to dismiss the SEC’s complaint outright, arguing that the tokens/products offered to U.S. customers do not qualify as unregistered securities. Binance/CZ also accuses the SEC of overstepping its mandate in targeting digital assets, claiming that Congress hasn’t authorized the SEC to do so. John Reed Stark, former SEC director of enforcement, disclosed the strict new regulatory oversight Binance will face as part of its settlement, comparing it to subjecting themselves to “a 24/7, 365-days-a-year financial colonoscopy.” Binance will be monitored by an independent compliance monitor, granted unfettered access to Binance’s documents, staff, and procedures. The monitor is tasked with ensuring Binance’s compliance with the terms of its settlement. Stark also revealed that the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has a similar deal to monitor Binance’s activities, spanning a five-year term. While Binance would like to present itself as having taken full responsibility for its past conduct and making significant efforts to improve its compliance initiatives, the data shows that its market share has been on a significant decline. However, Binance CEO Richard Teng has tweeted DeFiLlama data showing “strong inflows” of capital into Binance, offsetting the significant outflows in the aftermath of its DOJ settlement. Despite these facts, Binance’s market-wide spot trading volume in the current quarter is below what it was in Q1.
Popping the hood
Among the more uncomfortable aspects of this oversight is the appointment of an independent compliance monitor with access to Binance transactions for a three-year period. The monitor will have access to Binance documents, staff, and procedures and will have specific review periods with reporting requirements and intervention protocols for potential misconduct. The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) also has a similar deal to monitor Binance’s activities but over a five-year term. The net impact on Binance’s operations, particularly with the vast number of customers onboarded with little to no KYC, will be significant. During all these regulatory actions, Binance is striving to maintain its image and market share, despite the decline and challenges it faces, as the new CEO also presents positive data to offset the negative outflows and stability issues Binance has experienced due to its legal settlement.
This is fine
Binance insists that it has “taken full responsibility for its past conduct, made significant efforts to improve its compliance initiatives, and built a stronger, safer platform.” Despite its claims, the data shows that Binance’s market share has been declining, and its market-wide spot trading volume in the current quarter is below what it was in Q1. Yet, Binance’s new CEO has tweeted DeFiLlama data showing “strong inflows” of capital into Binance, offsetting the significant outflows created by its DOJ settlement.