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Binance.US Says SEC’s Request to Freeze Assets Would End Crypto Exchange

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The regulator’s efforts to freeze the company’s operations would put Binance.US out of business and prevent the firm from defending itself in litigation, lawyers said on Monday.

Photo by Vadim Artyukhin on Unsplash

Posted June 12, 2023 at 10:31 pm EST.

Binance.US asked a federal judge to reject the U.S. Securities and Exchange Commission’s (SEC) request to freeze all of its assets, arguing that the measure would “effectively end” its business. 

In a motion filed on June 12, lawyers for the crypto exchange argued that the SEC’s request was a draconian measure that was carefully calibrated to maintain the status quo. 

They further argued that an asset freeze would prevent BAM Trading Services from fighting the regulator’s allegations in court and inhibit the firm’s ability to pay its employees, vendors and suppliers, without which operations would quickly grind to a halt. BAM Trading is the name of the entity behind Binance.US. 

“With a freeze of all corporate assets, banking partners would most likely cease to honor requests to transfer funds for any purpose, including customer redemptions,” stated the motion.

One banking partner has already been spooked by the SEC’s complaint, said the lawyers, and will cut ties with Binance.US on June 14. The same unnamed banking partner, which holds Binance.US’ customer assets, said it would be freezing all activity on the firm’s account until the court rules on the SEC’s motion.

The firm has hired former SEC enforcement co-director George Canellos to defend itself against the host of allegations against the firm and its founder Changpeng Zhao in a lawsuit filed by the regulator last week. 

According to former SEC Chief John Reed Stark, the SEC’s emergency asset freeze request coupled with the 76-page enforcement action filed by the U.S. Commodities and Futures Trading Commission (CFTC) earlier this year indicates imminent action from the U.S. Department of Justice.

Stark believes that the DOJ has already filed under seal a Binance-related criminal indictment. 

“My take is that US DOJ is working with the SEC, CFTC and multiple informants/whistleblowers, and the next axe to fall is the filing, or unsealing of, Binance-related criminal charges. Fail not at your peril,” Reed said on Twitter. 

Meanwhile, some U.S. lawmakers have condemned the SEC’s recent slew of enforcement actions. On Monday, U.S. Rep. Warren Davidson introduced the “SEC Stabilization Act” into the House of Representatives, a piece of legislation that would restructure the commission and remove Gary Gensler as Chair.

“U.S. capital markets must be protected from a tyrannical Chairman, including the current one. That’s why I’m introducing legislation to fix the ongoing abuse of power and ensure protection that is in the best interest of the market for years to come. It’s time for real reform and to fire Gary Gensler as Chair of the SEC,” he said.

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