Crypto
SEC Deepens Investigation into Binance Compliance: Unraveling Cryptocurrency Oversight
The United States Securities and Exchange Commission (SEC) has escalated its efforts to enhance oversight of cryptocurrency exchanges, particularly focusing on Binance Holdings Limited and associated individuals, including former CEO Changpeng Zhao.
SEC’s Increased Scrutiny on Binance Compliance
Recent developments reveal that the SEC is intensifying its examination of Binance Holdings Limited (BHL) to ensure adherence to federal laws. The regulatory body’s attention centers on a Consent Order issued to Binance, demanding the demonstration of sole possession and control of its US-based assets, including customer holdings. Concerns have arisen over Binance’s compliance with this order, especially considering recent findings related to asset control and employee compensation within Binance-affiliated entities.
Contradictions in Asset Control Claims
The SEC’s inquiry stems from evidence suggesting that BHL may still maintain some level of access and control over private keys associated with customer and corporate assets. This contradicts Binance’s claims of exclusive control over these assets, as mandated by the SEC’s order. The regulatory body has called for the production of documents elucidating the technical operation and access controls of BHL’s wallet software.
Employee Compensation and Independence Concerns
Furthermore, the SEC’s investigation has unveiled that several Binance employees based in the US have been receiving substantial compensation from entities affiliated with Binance, either directly or indirectly. This raises questions about the independence of these employees from Binance Holdings and the potential influence of Binance on the operations of its US entity.
Requested Communication Records
The SEC has also sought communication records between Binance and BAM Trading Services Inc., crucial for understanding interactions and oversight between the entities, particularly regarding the management and security of customer assets.
Cooperation and Tentative Agreements
Binance Holdings and Changpeng Zhao have reportedly cooperated with the SEC’s inquiries, agreeing to search and produce relevant documents. BHL has tentatively agreed to make a technical fact witness available to testify on key topics central to the SEC’s requests. Zhao’s assertion that his deposition is unnecessary due to his stepped-down role has been met with the SEC’s insistence on his unique knowledge regarding the operations and financial relationships within Binance entities.
Regulatory Trend and Industry Impact
As the SEC intensifies efforts to ensure Binance’s compliance with the Consent Order, it reflects a broader regulatory trend aimed at bringing transparency and accountability to the cryptocurrency industry. The outcome of this investigation may establish a precedent for how crypto exchanges operate in the US, defining the delicate balance between innovation and regulatory compliance. The evolving situation underscores the significance of regulatory oversight in the maturing landscape of cryptocurrency markets.
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Crypto
Crypto mogul Do Kwon sentenced to 15 years in prison over $40B ‘epic fraud’
Do Kwon, the South Korean cryptocurrency entrepreneur behind two digital currencies that lost an estimated $40 billion in 2022, was sentenced on Thursday to 15 years in prison for for what a judge called an “epic fraud.”
U.S. District Judge Paul A. Engelmayer, who handed down the sentence, sharply rebuked Kwon for repeatedly lying to everyday investors who trusted him with their life savings.
“This was a fraud on an epic, generational scale. In the history of federal prosecutions, there are few frauds that have caused as much harm as you have, Mr. Kwon,” Engelmayer said during a hearing in Manhattan federal court.
Kwon, 34, who co-founded Singapore-based Terraform Labs and developed the TerraUSD and Luna currencies, previously pleaded guilty and admitted to misleading investors about a coin that was supposed to maintain a steady price during periods of crypto market volatility.
He is one of several cryptocurrency moguls to face federal charges after a slump in digital token prices in 2022 prompted the collapse of a number of companies.
Dressed in yellow prison garb, Kwon addressed the court and apologized to his victims, including the hundreds who submitted letters to the court describing the harm they had suffered.
“All of their stories were harrowing and reminded me again of the great losses that I’ve caused. I want to tell these victims that I am sorry,” Kwon said.
Ayyildiz Attila, one of the hundreds of victims who submitted letters to the court, said he lost between $400,000 and $500,000 in the collapse.
“My savings, my future, and the results of years of sacrifice disappeared. I struggled to keep up with payments and responsibilities, and everything I had worked forwas erased,” Attila said.
Kwon’s lawyer Sean Hecker said in an email after the sentencing that Kwon spoke from the heart, expressed genuine remorse and will continue his efforts to make amends.
US Attorney Jay Clayton in Manhattan said in a statement following the hearing that Kwon devised elaborate schemes to inflate the value of his cryptocurrencies and fled accountability when his crimes caught up to him.
Prosecutors had asked for a sentence of at least 12 years in prison, saying the crash of Kwon’s Terra cryptocurrency caused billions of dollars in losses and triggered a cascade of crises in the crypto market.
Kwon’s lawyers had asked that he be sentenced to no more than five years so he can return to South Korea to face criminal charges.
Prosecutors charged Kwon in January with nine criminal counts for securities fraud, wire fraud, commodities fraud and money laundering conspiracy.
Kwon was accused of misleading investors in 2021 about TerraUSD, a so-called stablecoin designed to maintain a value of $1. Prosecutors alleged that when TerraUSD slipped below its $1 peg in May 2021, Kwon told investors a computer algorithm known as “Terra Protocol” had restored the coin’s value.
Instead, Kwon arranged for a high-frequency trading firm to secretly buy millions of dollars of the token to artificially prop up its price, according to charging documents.
Kwon pleaded guilty in August to two counts, conspiracy to defraud and wire fraud, and apologized in court for his conduct.
“I made false and misleading statements about why it regained its peg by failing to disclose a trading firm’s role in restoring that peg,” Kwon said at the time. “What I did was wrong.”
Kwon agreed in 2024 to pay $80 million as a civil fine and be banned from crypto transactions as part of a $4.55 billion settlement he and Terraform reached with the Securities and Exchange Commission.
He also faces charges in South Korea. As part of his plea deal, prosecutors will not oppose Kwon’s potential application to be transferred abroad after serving half his US sentence.
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