Binance.US Responds To Motion Seeking Fund Freeze, Asserts SEC’s Claims Are Invalid

Binance.US has submitted its defense before the June 13 hearing to determine the freezing of its funds. Binance.US criticized the Securities and Exchange Commission’s (SEC) motion for a temporary restraining order, describing it as draconian and unduly burdensome. 

The exchange also voiced opposition, arguing that the proposed measures would place excessive restrictions and “effectively end” its business.

Notably, the hearing on the restraining order will take place in the US District Court for the District of Columbia on June 13 before DCJ Amy Berman Jackson.

Closure Of BAM Trading Services Inc. Would Harm Customers And Inhibit The Defense, Binance.US

In a recent opposing motion, Binance.US expressed that implementing the restraining order would result in the closure of BAM Trading Services Inc., the entity responsible for providing crypto trading and exchange services for Binance.US.

“The requested relief would primarily harm BAM’s customers, effectively put BAM out of business, and prevent BAM from defending itself in this litigation,” said the company.

Binance believes operations would ‘quickly grind to a halt’ without the ability to pay its employees and professionals in the ordinary course of business, and BAM would be unable to even fund its ‘defense’ to this action.

Binance.US notably criticized the regulator’s approach in pursuing legal action, asserting that the US SEC failed to identify any security trading on BAM’s platform, causing all of the SEC’s claims to fail.

In addition, Binance.US stated that it had actively engaged in cooperation with an ongoing SEC investigation that commenced on December 20, 2020.

The filing reveals that as a result of this investigation, Binance.US has provided over 700,000 individual communications and specific data related to its day-to-day operations.

This statement suggests that the company has shown efforts to be transparent and responsive to the SEC’s inquiries. It also indicates a willingness to comply and provide the necessary information during the investigative process.

SEC Accuses CZ Of Moving $12 Billion In Funds And Seeks Asset Freeze

On June 5, the US SEC made a significant move by filing 13 charges against Binance entities and its founder, Changpeng Zhao.

The charges were related to the operation of unregistered exchanges, broker-dealers, and clearing agencies, among others. The regulator also alleged that the crypto exchange allowed US customers to engage in such trading, further violating securities laws.

In addition to the charges, the SEC claimed that Binance CEO had access to the exchange’s customer funds, alleging he orchestrated the movement of $12 Billion through a privately-controlled entity, Merit Peak.

The following day, on June 6, the SEC filed an emergency motion for a temporary restraining order against Binance, further intensifying its efforts.

The motion was intended to stop any transactions or movements of money on Binance.US. This legal action marked a pivotal moment in the popular cryptocurrency exchange’s regulatory scrutiny.

Featured image from Pixabay and chart from Tradingview.com