SEC Seeks to Freeze Binance.US Assets, Files Temporary Restraining Order – Coinpedia Fintech NewsJune 7, 2023
In response to the recent lawsuit filed by the U.S. Securities and Exchange Commission (SEC) against Binance.US, the SEC has taken a significant step by requesting a temporary restraining order to freeze assets associated with the cryptocurrency exchange.
Here’s everything you need to know:
The much-talked-about SEC’s legal action revolves around allegations of compliance and control failures, including unauthorized access to Binance.US customer funds by entities connected to Binance’s CEO Changpeng Zhao (CZ). The SEC’s move raises concerns about the security of customer assets and marks a critical phase in the ongoing legal battle.
Asset Freeze Request: SEC’s Move
Interestingly, The SEC filed a court document with the D.C. District Court, seeking approval for a temporary restraining order that would freeze assets held by BAM Management US Holdings and BAM Trading Services, the entities responsible for the operations of Binance. US. The SEC argues that prompt action is necessary to protect customer assets and prevent any further depletion of funds. The regulatory body cites a history of noncompliance, disregard for U.S. laws, and evasion of regulatory oversight by the defendants as justification for the asset freeze.
Additional Orders Sought by SEC
Alongside the request for a temporary restraining order, the SEC has also sought additional orders, including an order to explain why a preliminary injunction should not be granted, an order mandating the repatriation of assets held for BAM customers, and an order to prevent the destruction of records by the defendants. If approved, Binance would have a five-day period to ensure that only Binance.US has access to customer funds. Additionally, within 30 days, all customer assets would need to be transferred to new wallets accessible exclusively by Binance.US.
Responding to the legal action,
Binance.US has taken to Twitter to reassure its users, emphasizing that “user assets remain safe and secure.” The company’s legal team has reportedly provided the SEC with information addressing concerns regarding the safety of funds. Binance.US remains fully committed to vehemently defending any allegations suggesting user assets were compromised.
Whereas, in a memorandum of law filed alongside the request for a temporary restraining order, the SEC also restated its original arguments from the lawsuit. It highlighted Binance’s access to Binance.US funds and emphasized statements indicating Binance and CZ’s intent to evade U.S. regulators. The SEC expressed concerns regarding the custody and control of customer assets, citing the delayed implementation of formal policies for handling crypto assets by BAM Trading.
As this legal battle unfolds,
Binance.US faces the dual challenge of addressing compliance failures and restoring user trust in the security of their assets. Simultaneously, the SEC aims to protect investor interests and enforce regulatory oversight. The outcome of this case holds significant implications for the regulatory landscape surrounding cryptocurrency exchanges in the United States, impacting the industry as a whole.
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