New Deadline Looms for Binance.US and SEC: Will Asset Freeze Be Avoided?

Introduction

Binance.US, one of the leading cryptocurrency exchanges, and the Securities & Exchange Commission (SEC) are currently engaged in a race against time to reach a settlement that could prevent a complete freeze of the exchange’s assets. The SEC recently took legal action against Binance and its affiliated entities, prompting the commission to request a temporary restraining order and asset freeze. However, US District Judge Amy German Jackson has encouraged both parties to find common ground to enable Binance to continue operating within the United States. This article explores the ongoing legal battle and the potential implications for Binance and the wider crypto market.

The Legal Action and Proposed Agreement

The SEC initiated legal proceedings against Binance and its affiliated entities earlier this month, leading to the request for a temporary restraining order and asset freeze. However, the SEC suggested a new deal that would relax some of the limitations previously imposed, avoiding a complete freeze of assets. The proposed agreement aims to provide certain guarantees to Binance affiliate BAM Trading, which operates Binance US. These guarantees would allow BAM Trading to retain control over its US assets to fulfill financial obligations such as paying salaries and purchasing goods and services. Additionally, BAM Trading would be able to assist customers in redeeming their crypto assets without any restrictions.

Demands by the SEC

As part of the proposed order, the SEC has requested that Binance CEO Changpeng Zhao be denied access to the US exchange’s assets and wallets. The SEC further insists that customer assets be returned to the US, where independent entities would have control and manage customer redemptions. In its lawsuit, the SEC alleges that two foreign entities, Sigma Chain and Merit Peak, controlled by Zhao, were used to commingle billions of dollars in customer funds with Binance’s own assets. These entities are believed to have operated as market makers or intermediaries for Binance, providing liquidity to the exchange.

Impact on Binance and the Crypto Market

Binance has voiced concerns over the freezing of its assets, emphasizing that such an action would effectively halt its business operations in the US, preventing any transfer of funds, including redemptions. The judge presiding over the case reportedly acknowledged the significant consequences that a complete shutdown would have not only for Binance but also for the broader cryptocurrency market. It is important to note that the SEC’s proposal is currently awaiting approval, with the federal judge setting a Jun. 15 deadline for the SEC and Binance.US to resolve the matter.

FAQ

1. What is the deadline for Binance and the SEC to resolve the asset freeze issue?

The parties involved have until June 15, 5pm ET to reach a resolution and avoid a full asset freeze.

2. Who is the US District Judge overseeing the case?

US District Judge Amy German Jackson is presiding over the legal proceedings between Binance.US and the SEC.

3. What is the role of the magistrate judge in the negotiations?

Magistrate judge Zia Faruqui has been chosen to assist in the negotiations between Binance.US and the SEC.

4. What are the demands made by the SEC in the proposed order?

The SEC demands that Binance CEO Changpeng Zhao be denied access to the US exchange’s assets and wallets. Additionally, the SEC requests the return of customer assets to the US, where independent entities would handle customer redemptions.

5. How are Sigma Chain and Merit Peak connected to the lawsuit?

The SEC alleges that Sigma Chain and Merit Peak, two foreign entities controlled by Binance CEO Changpeng Zhao,

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