Binance to Face SEC Wrath
CNBC↱ reports:
The Securities and Exchange Commission filed 13 charges against Binance, the world's largest crypto exchange, and its co-founder Changpeng Zhao, alleging that both comingled billions of dollars worth of user funds and sent them to a European company controlled by Zhao.
The U.S. regulator alleged that Zhao and his exchange worked to subvert "their own controls" to allow high-net-worth U.S. investors and customers to continue trading on Binance's unregulated international exchange ....
.... The complaint alleges that Binance created Binance.US as a shield for the main company and Zhao, to "reveal, retard, and resolve" law enforcement targets and insulate Binance.
Two successive Binance.US CEOs expressed deep concern over Zhao's level of control, according to the SEC. Both testified before federal regulators: Neither were named, but its first and second chief executives were Catherine Coley and Brian Brooks.
"I'm not actually the one running this company, and the mission that I believe I signed up for isn't the mission. And as soon as I realized that, I left," a former Binance.US CEO identified as "BAM CEO B" testified to the SEC.
That doesn't sound good.
But the ellipsis omits a reference to the suit itself, and it's better in its
original context↱:
110. Zhao and Binance understood that they were operating the Binance.com Platform in violation of numerous U.S. laws, including the federal securities laws, and that these ongoing violations presented existential risks to their business.
111. As Binance's CCO bluntly admitted to another Binance compliance officer in December 2018, "we are operating as a fking unlicensed securities exchange in the USA bro."
Yeah, that line even made it into the
SEC press release↱.
And what makes it sound really bad is that while capitalists are generally shameless,
smart capitalists recognize practical barriers. It's not quite like being a lawyer, but think about the idea of a capitalist being so certain he will get busted that he actually needs to explain that to his colleagues and would-be co-conspirators. More colloquially, if it's so obvious that the executive and his own lawyers can't figure a way around it, then it's pretty obviously bad.
It is not simply that, "Binance knew that tens of thousands of customers were in the U.S. but chose not to act … despite federal law barring the unregistered offer and sale of securities". Per CNBC, "SEC alleges that Zhao ordered the creation of an evasion plan for high-net-worth customers, using a VPN service to hide their U.S. location and submitting compliance documents to obscure their country of origin." Zhao allegedly told Binance officials, in 2019, that their VPN advice "needs to be finessed very carefully", because it will become public, and, "We cannot be held accountable for it." The suit also complains that Binance used two Zhao-owned companies to manipulate trading volume and prices in order to increase profit. Moreover, Binance is accused of mixing customer and company funds, which is one of those things that seems so obviously both that capitalists do and ought to know better than.
There is an old, obscure argument in the U.S., that certain financial scandals were unfair because the capitalists didn't know that they were doing anything illegal. And, yet, this always seems to be a risk when trying to plot ways to accomplish what laws otherwise prohibit.
These decades later, it's almost like they're not even trying, but just hoping nobody notices, and at Binance, it appears to have gone so far that even American capitalists will balk at the risk exposure.
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Notes:
Goswami, Rohan. "SEC sues Binance and CEO Changpeng Zhao for U.S. securities violations". CNBC. 5 June 2023. CNBC.com. 5 June 2023. https://bit.ly/45PV3jB
Scarlato, Matthew, Jennifer L. Farer, and J. Emmett Murphy. "Jury Trial Demanded". Securities and Exchange Commission v. Binance Holdings Limited, et al. United States District Court for the District of Columbia. 5 June 2023. SEC.gov. 5 June 2023. https://bit.ly/42qp0np
U.S. Securities and Exchange Commission. "SEC Files 13 Charges Against Binance Entities and Founder Changpeng Zhao". Press Release. 5 June 2023. SEC.gov. 5 June 2023. https://bit.ly/45PVxGr