How Binance lost the US: chronology of the confrontation with the authorities

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Binance's summer began with an SEC lawsuit, and the fall ended with a $4.3 billion fine and the departure of the company's founder, Changpeng Zhao (CZ), from the position of CEO. ForkLog recalled the difficult last six months for the cryptocurrency exchange and highlighted key events.

June

On June 5, the SEC sued Binance and CZ, bringing 13 charges, including unregistered offers and sales of BNB and BUSD tokens, Simple Earn and BNB Vault products, and staking.

The Commission claimed that the company failed to register its platform Binance.com as an exchange, broker-dealer, or clearing agency, just like the US division — Binance.US.

In addition, the SEC has qualified SOL, ADA, MATIC, FIL, ATOM, SAND, MANA, ALGO and AXS tokens as securities.

According to the agency's lawsuit, Zhao and his company allegedly controlled the assets of clients, mixed and redirected them "at their own discretion." The top manager could also "secretly control" the American branch.

The regulator demanded a permanent ban on further activities for Binance and CZ, withdrawal of illegally obtained income with interest and financial sanctions.

Representatives of the exchange expressed disappointment with the SEC's decision and expressed their readiness to "strongly defend themselves". The media reported on the similarity of the charges against Binance with the lawsuit against the failed FTX crypto exchange and its subsidiary Alameda Research.

On June 8, the American platform removed 10 trading pairs in conjunction with bitcoin and its own stablecoin BUSD, and also suspended over-the-counter trading.

June 9 Binance.US announced the suspension of dollar deposits at the request of the SEC and recommended that customers urgently withdraw fiat funds.

Massive sales on the platform created a discount on bitcoin and other assets. Digital gold paired with the US dollar was trading at a more than 7% discount relative to its value in USDT. Market depth for 25 leading cryptocurrencies on Binance.US decreased by 78%.

The court ordered the parties to find a compromise to ensure the protection of client assets with the possibility of continuing the operation of the platform.

On June 17, the regulator reached an agreement with Binance.US on restricting access of employees of the parent platform to the funds of users of the American division.

After the court's approval, the SEC's request to freeze assets was withdrawn. As part of the agreements, the platform provided information to the agency about business expenses.

Binance representatives.The US unfrozen the withdrawal, but warned of the risks of a repeat of the situation in the "near future". The platform also announced the delisting of cryptocurrencies paired with the US dollar, with the exception of BTC, ETH, ADA, BNB, LTC, MATIC, SOL, VET, USDC and USDT.

Amid the US proceedings, the exchange began to have problems in other jurisdictions, including Cyprus, the Netherlands, France, the United Kingdom, Brazil, Belgium, Austria, Germany, Nigeria and Australia.

July

On July 6, Fortune reported that Binance's Chief Strategy Officer, Patrick Hillmann, Senior Vice President of Regulatory compliance, Stephen Christie, and General Counsel, Han Ng, were leaving due to an investigation by the US Department of Justice.

CZ confirmed the change of leadership, but noted that the reasons given by the press are "completely incorrect". He explained what was happening with the usual staff turnover.

On July 17, The Wall Street Journal reported that over 1,000 Binance employees were being laid off. Later it became known about the reduction of benefits for employees.

On July 24, the WSJ published an article about Binance's overstated trading volumes.US during startup. According to journalists, in 2019, in the first hour, the bitcoin turnover on the platform exceeded $70,000.

According to internal correspondence, Binance used the services of third-party trading firms, one of which — Sigma Chain-was a market maker and belonged to Zhao himself.

The authors said that such a situation can signal "fictitious trading", so it is difficult for regulators to assess the depth of the market.

August

On August 2, Semafor, citing its own sources, reported that the US Department of Justice is preparing to charge Binance with fraud, but is concerned about the possible outflow of users.

According to officials, the lawsuit could lead to a massive withdrawal of funds, causing customers to lose money and could trigger a panic in the digital asset market.

At that time, prosecutors considered other options for restrictions against the company, such as fines and agreements on postponement or refusal of prosecution.

On August 15, the American "daughter" of Binance sent a petition to restrict SEC requests to the bitcoin exchange. The company pointed out that the regulator's requirements for providing information were "excessively broad" and "unnecessarily burdensome."

On August 22, the WSJ wrote about the investigation of the US Department of Justice against Binance in connection with a possible violation of US sanctions against Russia. Against this background, the exchange's P2P platform has replaced the names of Russian bank cards "Sber" and "Tinkoff" with "green" and "yellow", respectively.

The company began to consider a complete withdrawal from the Russian Federation, but later called such a scenario unlikely.

Due to regulatory problems, Mastercard and Visa companies refused to issue cryptocurrency payment cards for Binance.

At the end of the month, the SEC filed a sealed motion as part of the lawsuit against the exchange, containing 35 pieces of physical evidence, a statement from the agency's trial lawyer and a proposed order.

In addition, Binance announced that it will stop supporting its own BUSD stablecoin in 2024. The decision was made after the NYDFS investigation into the issuer of the Paxos coin and the subsequent order to stop its release.

September

On September 1, CZ stated that despite numerous regulatory checks, the exchange has proven to be reliable, maintaining a large user base and market share.

On September 6, top managers of the Russian direction-Gleb Kostarev, Director for Eastern Europe, and Vladimir Smerkis, Director for CIS — left the company. Zhao explained the situation by moving employees to higher positions or to new projects.

On September 12, it became known about the resignation of the CEO Binance.US By Brian Schroeder. His departure occurred in parallel with the dismissal of another 100 employees of the American branch.

Krishna Juvwadi, Head of the Legal Department, and Sidney Majala, Head of the Risk Department, also left the company.

On September 14, the SEC charged Binance.US in the unwillingness to cooperate in the disclosure of information. According to the agency, the holding company of the exchange-BAM-delayed the preparation of the requested documents.

The court refused to oblige the exchange to provide the agency with expanded information regarding the processing of client assets and called on the parties to work together.

September 22 Binance, Binance.US and CZ filed petitions to dismiss the Commission's claims, noting the regulator's" implausible " arguments. One of the documents says that the agency gave too broad a definition of the term "investment contract".

Kaiko analysts noted the company's vulnerable position due to regulatory pressure. If after the collapse of FTX, the platform processed 70% of all transactions on the crypto market, then by the end of September, the indicator fell to 50%.

On September 27, Binance announced its withdrawal from Russia and the transfer of its business to CommEX.

October

The second month of autumn turned out to be relatively calm on regulatory issues for Binance. However, the platform continued to record a deterioration in performance — the share of spot trading on the exchange in September fell to 34.3%. For comparison: at the beginning of the year, the indicator was 55.2%.

On October 17, the media learned about the withdrawal of FDIC insurance for customer deposits Binance.US.

According to the Bloomberg billionaire rating, CZ's net worth fell by 82% — from a peak of $96.6 billion in January 2022 to $17.3 billion.

November

On November 8, the SEC said that Binance's attempts to dismiss the agency's claim have no legal basis, and called the claim "absurd."

On November 21, in a deal with the US Department of Justice, Binance agreed to pay fines totaling $4.3 billion amid an ongoing investigation by the department and the SEC against the exchange and CZ.

The agreement involves bringing charges against the head of the exchange in money laundering, financial fraud and violation of sanctions. Zhao agreed to step down as CEO after pleading guilty to alleged government violations. He personally has to pay $50 million in fines.

Under the agreement with FinCEN, the crypto exchange will implement a "full exit" from the United States and appoint an observer for a period of five years, who will monitor the internal program for compliance with sanctions.

CZ also posted a $175 million bail to remain free. Sentencing is scheduled for February 23, 2024.

The new head of Binance will be head of regional markets Richard Teng.

Recall that Matrixport analysts concluded that Binance will remain among the largest crypto exchanges in the next two to three years, since agreements with US agencies are a favorable outcome.
 

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Changpeng Zhao could face up to ten years in prison, according to a new request from the authorities.

One of the experts believes that the crypto industry is unfairly criticized because of AML.

Former Binance CEO Changpeng Zhao (CZ) must remain at large until the court's verdict, but not leave the United States due to a "manageable flight risk." A similar wording is contained in the new petition of the Ministry of Justice of the country.

Breaking News: U.S. DOJ Reveals That Prosecutors May Argue That CZ Should Be Sentenced To 10 Years In Prison

The U.S. Department of Justice (DOJ) charged ChangPeng Zhao (CZ) with, and CZ pled guilty to, one count of violating the Bank Secrecy Act. The charge stems from a mammoth… pic.twitter.com/gJ5EsB082Q
— John Reed Stark (@JohnReedStark) November 26, 2023

On November 21, during the transaction with the agency, the exchange paid $4.3 billion, and CZ agreed to leave the position of CEO and face a fine of $50 million.

He posted a $175 million bail to remain free until sentencing on February 23, 2024. However, prosecutors demanded that the former head of the platform be banned from leaving the United States, fearing escape. They identified significant wealth outside the country and minimal connections with it as risks.

The prosecution then stated that the former Binance CEO did not provide clear and convincing evidence that he would not run away if he returned to the UAE.

On November 23, lawyers challenged the request to ban Zhao from leaving the United States.

A hint for the long term

Former SEC lawyer John Reed Stark stressed that unlike the previous motion, prosecutors clearly and unambiguously stated that when sentencing, they can insist that CZ should be sentenced to ten years in prison.

"According to the guidelines, the maximum term [ ... ] can reach 18 months. The United States has the right to demand any penalty up to the statutory ten years. [ ... ] The time limit [ ... ] will seem significant to him. This speaks in favor of the proposed reasonable restrictions, " the petition says.

Magistrate Judge Brian Tsuchida set November 27 as the deadline for reviewing his decision to release CZ on bail until sentencing.

Reed Stark suggested that Judge Richard A. Jones might compromise and impose additional conditions, strengthen the release requirements, require new assurances from the lawyer and Zhao, order an increase in the number of interaction sessions, or request other, more specific guarantees. The expert also did not rule out postponing the decision.

A former SEC lawyer has warned that CZ remaining at large could potentially contribute to continued money laundering in the industry. As a result, the agency's deal with Zhao may "turn into unpleasant consequences for the Ministry of Justice."

"Let's hope that the officials have something in store. Or perhaps Binance monitoring and other remedial requirements will reveal more egregious and punishable crimes. Otherwise, the whole company debacle may well be a slap in the face for CZ. And, unfortunately, a historical injustice of epic proportions," warned Reed Stark.

Unpopular opinion

Omid Malekan, an associate professor at Columbia Business School, noted that Binance's deal with the US authorities highlights the ambiguous attitude towards crypto firms. Opponents of the latter sincerely believe that "digital assets are a unique means of enabling bad people to do bad things," he added.

Such close attention contrasts with what is happening in the rest of the financial system. In his opinion, companies that follow the best AML practices still process large amounts of illegal funds.

"All this is considered normal, because someone issued the documents," the specialist explained.

Malekan stated that many on Wall Street could end up in jail if TradFi was treated the same way as Binance in similar cases.

Some thoughts on the Binance settlement, with the preamble that I think companies that don’t like certain laws should still comply with them while campaigning for change.

One interpretation of the government’s suit and the resulting mammoth settlement is that by refusing to…
— Omid Malekan (@malekanoms) November 22, 2023

"Binance was wrong to lie to its customers, and wrong not to comply with the requirements. But that doesn't mean it's a bad company. Spend five minutes searching Google for "banks that facilitate money laundering” and you will find that well-known financial firms have been caught doing much worse things, involving orders of magnitude more money [...]. Binance's net contribution to creating a more inclusive financial system is commendable, " the professor wrote.

After Zhao's resignation, Richard Teng took over as CEO of Binance.
 

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US prosecutors have demanded 36 months in prison for Changpeng Zhao

Binance founder and former CEO Changpeng Zhao (CZ) is to spend 36 months in prison after pleading guilty to violating anti-money laundering laws. This is stated in the petition of the US Attorney's Office, writes Reuters.

"Given the scale of the deliberate violation of American law and its consequences, a sentence exceeding the prescribed period of 36 months is justified," the document says.

Federal regulations provide for a maximum penalty of 18 months in prison in the Zhao case, the publication recalled. Prosecutors previously announced their intention to seek a tougher sentence, but it was a maximum of 10 years.

In November 2023, CZ pleaded guilty to failing to maintain an effective anti-money laundering program on Binance as head of the company.

As part of the agreement with the US Department of Justice, he agreed to pay a $50 million fine and resign as CEO. For the exchange, the settlement amount was $4.3 billion.

On April 30, a court hearing will be held to choose a measure of punishment for the ex-CEO of Binance.
 
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