Continuing its regulatory clash with the SEC, Binance and former CEO Changpeng Zhao (CZ) responded on November 4 with a motion to dismiss the agency’s updated complaint, pushing back against the SEC’s recent amendments.
Binance’s legal team argues that the SEC’s approach to regulating cryptocurrency transactions is overly broad and lacks the clarity needed for consistent application.
Binance’s Challenge to SEC’s Interpretation of Securities Laws
The motion disputes the SEC’s interpretation of securities laws as they apply to cryptocurrency transactions.
According to Binance’s filing, the SEC’s approach is inconsistent, especially in treating secondary market resales as securities transactions despite acknowledging that crypto assets themselves are not inherently securities.
Binance’s legal team argues that this approach does not account for the unique characteristics of crypto assets.
The motion points to the SEC’s assertion that nearly all crypto transactions qualify as securities transactions solely because buyers might hope for value appreciation.
Binance contends that this view stretches securities regulations beyond their intended purpose.
A critical point of contention in the motion is the SEC’s lack of clear guidelines, which Binance claims leaves market participants without standards on which crypto transactions qualify as securities.
“The SEC still refuses to articulate any standard for courts, litigants, or market participants to know which crypto-asset transactions qualify as investment contracts,” the filing asserts.
The filing also describes the SEC’s stance as inconsistent with prior court rulings on crypto assets, citing what Binance considers arbitrary enforcement decisions.
For example, Binance noted the regulator’s decision to drop its claim that Ethereum transactions qualify as investment contracts.
This inconsistency raises critical questions about the SEC’s regulatory enforcement, especially given the agency’s recent actions against various cryptocurrency companies.
Background of the Legal Battles and Implications for Digital Assets
The SEC’s amended complaint is part of a broader case initiated in June 2023, when the agency first filed suit against Zhao and associated companies, including BAM Management U.S. Holdings and BAM Trading Services.
In a separate filing, Binance.US (BAM Trading Services Inc.) has also sought to dismiss the charges against it.
This SEC action follows a similar lawsuit from the Commodity Futures Trading Commission (CFTC) concerning Binance’s operations in the U.S.
Notably, the current SEC complaint differs from the criminal charges brought by the Department of Justice (DOJ), which concluded in November 2023 with Binance facing substantial penalties and Zhao serving a prison sentence.
The timing of this motion aligns with the SEC’s ongoing efforts to regulate the cryptocurrency sector more stringently.
The court’s eventual decision may shape future interpretations of securities laws in cryptocurrency transactions, potentially setting regulatory precedents for the industry.
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