Special Topic: Binance pleads guilty and settles, CZ resigns, the biggest regulatory shoe falls
The end of Binance's regulatory action will pave the way for the subsequent approval of BTC ETF?
2023-06-05
币安逾40亿美元和解事件全流程回顾
2023-06-05 15:04:46
Bloomberg: SEC sues Binance and its CEO Changpeng Zhao for violating U.S. securities trading rules
Odaily星球日报讯 据彭博消息,美国证交会起诉币安和其CEO赵长鹏违反美国证券交易规则。
2023-06-05 15:08:48
Reuters: A Binance executive had full control of Binance.US bank accounts from 2019 to 2020
Odaily星球日报讯 据路透社报道,银行账户记录显示,Silvergate Bank在2019年到2020年期间授权币安高管Guangying Chen管理Binance.US的银行账户,Chen及其下属能够转移这些银行账户中的资金。另据Binance.US消息显示,其员工也不得不向Chen的团队请求处理付款,甚至是支付员工工资。
Binance.US发言人Christian Hertenstein回应,自从现任首席执行官Brian Shroder于2021年底上任以来,除了Binance.US高管外,没有其他人能够控制或访问Binance.US帐户。
而Binance.US法律负责人Krishna Juvvadi曾透露,Binance.US的运营商BAM Trading的员工自2019年成立以来一直拥有“独家控制权”。路透社称Christian Hertenstein并未解释为何二人给出的时间存在差异。
2023-06-05 15:38:15
SEC Qualifies BUSD and BNB as Securities in Prosecution
Odaily星球日报讯 SEC在起诉中将BUSD和BNB定性为证券。
2023-06-05 15:46:22
The US SEC filed 13 charges against Binance and its CEO, including improper handling of customer funds and false reporting of operations
Odaily星球日报讯 据纽约时报报道,美国证券交易委员会(SEC)对币安和赵长鹏提出13项指控,包括客户资金处理不当以及对监管机构和投资者谎报其运营情况等。SEC表示,币安一直在混合“数十亿美元”的客户资金,并秘密将其转移到由赵长鹏控制的一家独立公司。此外,币安在其系统是否足以检测和控制操纵交易行为上误导了投资者。
此外,SEC指控币安没有采取足够的措施来限制美国投资者使用不受监管的交易所。
2023-06-05 15:53:04
The US SEC defines SOL, ADA, MATIC, FIL, ATOM, SAND, etc. as securities
Odaily星球日报讯 美国SEC在针对币安的诉讼文件中,将SOL、ADA、MATIC、FIL、ATOM、SAND、MANA、ALGO、AXS 和 COTI等均定性为证券。
2023-06-05 15:59:10
SEC: Binance.US transferred at least $145 million to entities controlled by Changpeng Zhao
Odaily星球日报讯 SEC在针对币安的诉讼文件中,指控Binance.US将至少1.45亿美元转移到至由币安CEO赵长鹏控制的实体账户中,该账户随后购买了一艘价值1100万美元的游艇。
2023-06-05 16:09:28
SEC: CZ personally received $62.5 million from a Binance bank account
Odaily星球日报讯 SEC在针对币安的诉讼文件中,指控CZ个人曾在2022年10月至2023年1月期间从币安的一个银行账户收到6250万美元。
2023-06-05 16:27:37
Binance.US: SEC’s lawsuit is groundless and will vigorously defend itself
Odaily星球日报讯 Binance.US在其社交媒体发表官方声明,表示SEC的起诉讼毫无根据,将积极为自己辩护,并表示,SEC的起诉“无论是基于事实、法律还是委员会自身的先例,都是不合理的”,将寻求国会介入,通过两党立法,为数字资产创造一个可行的监管体系。
此外,Binance.US还表示,在过去的两年半时间里,Binance.US一直与SEC进行真诚的接触交往,“我们接触的目标一直保持一致:积极合作,制定一个明确、实用的监管框架,使我们这样的企业能够发展壮大,创造就业,为美国消费者提供安全的数字资产访问”。
2023-06-05 16:50:57
Binance: All user assets on Binance and its affiliated platforms are safe and secure, and we will do our best to defend the platform
Odaily星球日报讯 币安针对此前SEC的起诉发表官方声明表示,币安一直积极回应、配合SEC调查,但SEC放弃、拒绝沟通,而是选择单方面采取行动提起诉讼。SEC单方面将某些代币和服务标记为证券,只会使这些问题更加复杂,币安将尽全力捍卫平台。
此外,币安还表示,任何关于Binance.US平台上用户资产曾经面临风险的指控都是错误的,币安和币安附属平台(包括Binance.US)上的所有用户资产都是安全的,币安将积极抗辩任何不实指控。相反,SEC的行动似乎是为了急于从其他监管机构那里获得管辖权,而保护投资者似乎并不是SEC的首要任务。
2023-06-05 16:56:23
CZ responds to SEC's characterization of tokens such as SOL as securities: We need to unite
Odaily星球日报讯 CZ针对“SEC将SOL等代币定性为证券”在社交媒体上回应,“我们需要团结起来”。
据悉,美国SEC在针对币安的诉讼文件中,将SOL、ADA、MATIC、FIL、ATOM、SAND、MANA、ALGO、AXS和COTI等均定性为证券。
2023-06-05 17:00:17
SEC: CZ creates BAM trading and management company to evade U.S. regulation, raises about $200 million from private investors
Odaily星球日报讯 SEC在针对币安的诉讼文件中,指控CZ为规避美国对其以及币安和币安网站的监管,CZ在美国成立了BAM管理公司和BAM交易公司,并公开声称这些实体独立控制着Binance US平台的运营。
由CZ和币安控制的BAM Trading和BAM Management向投资者谎称了其对Binance US平台实施的控制措施,从BAM Management的私人投资者那里筹集了大约2亿美元,并吸引了数十亿美元的交易量,这些交易量来自希望在Binance US平台进行交易的投资者(包括零售和机构投资者)。
2023-06-05 17:07:37
SEC: CZ is the actual owner of Sigma Chain, a Binance market maker, and is operated by several Binance employees
Odaily星球日报讯 SEC在针对币安的诉讼文件中,表示Sigma Chain是一家在瑞士注册的加密资产交易公司。CZ是Sigma Chain的实际所有者,多名币安员工负责运营。其中,币安的后勤经理同时也担任Sigma Chain的总裁,她还对BAM Trading的银行账户具有签字权。Sigma Chain是币安两个平台的活跃交易员,并自称为“币安交易所的主要做市商”。
在Binance.US平台推出后,CZ指示Sigma Chain成为其首批做市商之一。此外,自从Binance.US平台开始向客户提供场外交易(OTC)交易和其转换交易和一键买卖(OCBS)服务以来,Sigma Chain一直作为Binance.US平台客户的交易对手,有时甚至是唯一的交易对手。
2023-06-06 13:13:07
SEC Chairman Gary Gensler: Binance operates a 'network full of deceit and conflict'
Odaily星球日报讯 SEC主席Gary Gensler表示,币安运营着“充满欺骗和冲突的网络”。
2023-06-06 13:59:12
SEC Chairman Gary Gensler: U.S. regulations on cryptocurrencies are 'very clear'
Odaily星球日报讯 SEC主席Gary Gensler表示,币安夸大了交易量,币安案与FTX案存在相似之处,而美国对加密货币的规定已经“非常明确”,投资顾问在加密货币方面必须谨慎。
2023-06-06 14:43:59
SEC Chairman Gary Gensler: Encryption is the Wild West
Odaily星球日报讯 在彭博直播中,SEC主席Gary Gensler就“近期SEC对一系列加密交易平台降下制裁”发表意见。他表示,币安等交易所虚构交易量,存在腐败问题,一个个加密平台只为自己创造财富,他们是在和用户做对手盘,我们很难信任这些“开赌场的”(Casino Operators)保护投资者利益。适用于加密系统的制度边界和商业模型在任何其他金融领域都未曾见过,Crypto目前还是狂野西部(Wild West)。
2023-06-07 01:02:21
SEC Seeks Court Approval for Temporary Restraining Order to Freeze Binance.US Related Assets
Odaily星球日报讯 SEC周二寻求法院批准临时限制令,以冻结与Binance.US相关的资产。根据向华盛顿特区地方法院提交的一份法庭文件,SEC寻求法院批准冻结与Binance.US控股和运营公司BAM Management US Holdings和BAM Trading Services有关的资产。
另一份文件要求法院“说明不应授予初步禁令的理由”,“命令被告为BAM客户的利益遣返资产”,“命令禁止被告销毁记录”以及其他许多要求。
如果该限制令被批准,币安将有五天的时间来确保只有Binance.US可以访问客户资金,并在30天内将所有客户资产转移到只有Binance.US可以访问的新钱包中。
在周一的诉讼中,SEC称,币安允许与CZ有关的两家公司Sigma Chain和Merit Peak获取BAM Trading持有的“数十亿美元”客户资金。
币安在回应最初诉讼的一份声明中表示,用户在Binance.US上的资金从未处于危险之中。(CoinDesk)
2023-06-07 01:10:42
CZ: If the asset freezing order is approved, it will only affect Binance.US, and Binance.com will not be affected
Odaily星球日报讯 CZ在推特上针对“SEC寻求法院冻结Binance.US资产”一事回应称,如果法院批准该限制令,将只会影响Binance.US,Binance.com不受影响,资金是安全的。
此前消息,SEC周二寻求法院批准临时限制令,以冻结与Binance.US控股和运营公司BAM Management US Holdings和BAM Trading Services有关的资产。
2023-06-07 01:38:56
Binance.US response: user assets are safe and the platform is operating as usual, will actively defend in court
Odaily星球日报讯 针对“SEC寻求法院冻结Binance.US资产”一事,Binance.US官方在推特上作出如下回应:
用户资产安全,平台将继续全面运行,存取款功能正常。SEC提交初步禁令是没有根据的,主要是为了让SEC官员在诉讼中占优,而不是真正关心客户资产的安全。直到最近,SEC官员仍然没有对客户资产的安全表示担忧。
在过去一周里,公司的法律顾问通过近乎全天候的对话,解决了SEC官员对客户资产安全的担忧。尽管Binance.US已向其提供了确保客户资产安全的信息,但SEC官员仍决定提交动议,寻求临时限制令和初步禁令。Binance.US对这一行动感到失望,并将在法庭上为自身辩护。
2023-06-07 01:58:17
In addition to Binance.US, SEC seeks court to freeze assets held by Binance and CZ
Odaily星球日报讯 SEC在昨天的执法行动中对其提出要求采取了后续行动,寻求法院下令冻结币安、CZ以及Binance.US的资产并提交临时限制令。
SEC要求冻结资产,是因为CZ和币安高管被指控将客户资金转到CZ自己的投资基金中以按自身意愿使用,包括购买一艘1100万美元的游艇和购买BUSD。这些指控与对FTX、Alameda Research和SBF的指控类似,不过CZ和币安到目前为止只面临民事指控。
值得注意的是,SEC希望法院允许Binance.US继续允许客户赎回他们在该公司持有的资产。
SEC还希望一名联邦法官下令币安控股公司、Binance.US控股公司以及CZ提供经宣誓、核实的会计核算,这可能是对币安相关公司的首次全面公开核算。
SEC还要求华盛顿特区联邦法官下令归还资产,加快发现文件,授权保存文件并禁止销毁证据,并为币安、Binance.US和CZ的资产指定接管人。
今日早些时候消息,SEC寻求法院批准冻结Binance.US资产,对此,CZ表示,资产冻结令仅影响Binance.US,Binance.com不受影响。
另外,Binance.US官方回应称,用户资产安全,平台将继续全面运行,存取款功能正常。SEC提交初步禁令是没有根据的,主要是为了让SEC官员在诉讼中占优,而不是真正关心客户资产的安全。Binance.US对这一行动感到失望,并将在法庭上为自身辩护。(The Block)
2023-06-07 07:46:09
South Korea's financial regulator: Affected by the SEC lawsuit, it has suspended the acceptance of Gopax's change report involving the appointment of Binance executives
Odaily星球日报讯 韩国金融监管机构已暂停Gopax于3月7日提交的高管变更报告的审查,该报告包含了有关任命三名币安成员为Gopax内部董事的信息。
分析称,因SEC指控币安涉嫌违反《证券法》并申请冻结其资产,因此韩国当局不太可能受理此变更报告。
韩国金融监管机构的相关人士对此表示:“是否受理变更报告目前正在进行内部审查,有必要观察SEC的动向。虽然《金融交易特别法》中没有包括大股东资格相关问题,但我了解到政治事务委员会已经提议修改法律,以便对大公司股东进行审查。”
此前3月消息,币安已完成收购Gopax前的最后阶段,即向韩国金融监管机构申报。Gopax向韩国金融服务委员会金融情报室(FIU)提交虚拟资产经营者变更报告。报道指出,如果FIU接受这份变更报告,这将是全球币市交易平台通过韩国韩元交易平台进入韩国市场的首例。根据特定金融信息法,公司代表或董事变更登记时,必须提交变更报告。
之后4月消息,韩国金融监管部门要求韩国交易所Gopax在9个月后再次进行风险评估。目前,金融当局正在审查币安收购Gopax时提交的虚拟资产运营商(VASP)变更报告,审核结果预计要推迟到5月中旬。
同时,审核变更报告的推迟将进一步推迟向那些在GoFi(Gopax的加密货币存款服务)中绑定资金的用户偿还资金。因为只有在变更完成后,币安才能全额支付收购Gopax的费用,并归还绑定在GoFi上的566亿韩元(约4239万美元)客户资金。(Newspim)
2023-06-07 09:58:18
知情人士:美国法院批准SEC要求冻结Binance US公司资产的请求
Odaily星球日报讯 据Coingraph News报道,美国一家法院批准SEC冻结Binance.US子公司BAM Management和BAM Trading资产的请求。
法院还命令 Binance.US 在十天内将其账户中持有的所有法定货币和加密货币归还给其客户。
据悉,Binance.US和Binance.com是独立的实体,不会影响Binance.US客户的资产,只会冻结Binance.US的公司资产。
目前该媒体仅在Twitter发布消息,并未在其新闻网站发布,Odaily星球日报尚未找到法院批准源文件,暂无法确认消息真实性。
2023-11-21 15:55:33
Bloomberg: U.S. Department of Justice to announce Binance settlement at press conference tomorrow
Odaily News The U.S. Department of Justice will announce the Binance settlement at a press conference tomorrow. (Bloomberg)
2023-11-21 16:25:53
Reuters: U.S. authorities to reach a deal with Binance to resolve charges related to anti-money laundering compliance and other violations
Odaily News According to Reuters, U.S. authorities will reach an agreement with Binance to resolve charges related to anti-money laundering compliance and other violations.
2023-11-21 16:55:31
Forbes: CZ suspected of resigning after criminal investigation ends
Odaily News According to Forbes, CZ is suspected of resigning after the criminal investigation is completed.
2023-11-21 17:23:24
Wall Street Journal: CZ agrees to resign and pleads guilty
Odaily reported that the Wall Street Journal reported that CZ agreed to resign and plead guilty.
2023-11-21 17:28:00
Bloomberg: CZ will not be allowed to continue in office but will retain majority stake
Odaily News Bloomberg quoted people familiar with the matter as reporting that CZ agreed to resign and plead guilty and would not be allowed to hold executive positions in Binance, but he would still retain a majority stake in Binance.
2023-11-21 18:15:19
Reuters: Binance’s fines totaled US$4.368 billion, including US$3.4 billion requested by the Treasury Department and US$968 million from OFAC.
Odaily News Reuters quoted people familiar with the matter as reporting that U.S. regulators will impose a total fine of $4.368 billion on Binance, including $3.4 billion from the U.S. Treasury Department FINCEN (Financial Crimes Enforcement Agency) and $9.68 from OFAC (Office of Foreign Assets Control). One hundred million U.S. dollars.
2023-11-21 18:18:17
Reuters: Binance faces three criminal charges, including conducting an unlicensed fund transfer business, conspiracy charges and violating the International Emergency Economic Powers Act
Odaily News Reuters quoted court records as showing that Binance faces three criminal charges, including conducting an unlicensed fund transfer business, conspiracy charges, and violating the International Emergency Economic Powers Act.
2023-11-21 18:25:12
Prosecutor: Binance agrees to pay $1.81 billion in criminal fines and $2.51 billion in asset forfeiture orders
Odaily reported that according to Reuters, the prosecutor in charge of this case stated that Binance agreed to a criminal fine of approximately US$1.81 billion imposed by the United States on the trading platform, which will be paid within 15 months. In addition, Binance agreed to forfeit $2.51 billion in assets. CZ has agreed to pay a $50 million fine to the CFTC.
2023-11-21 20:14:28
Binance is required to appoint an independent compliance monitor to report to the U.S. government on its compliance efforts
Odaily News Binance was accused by the United States of violating sanctions and remittance laws and agreed to pay $4.3 billion to settle the charges, according to a court document released on Tuesday. Under the terms of its plea agreement, Binance will appoint an independent compliance monitor for three years and report to the U.S. government on its compliance procedures, as well as pay a fine. CZ is prohibited from “currently or in the future participating in the operation or management of Binance,” although this ban will end three years after the appointment of the regulator.
2023-11-21 21:08:20
Bloomberg: Binance’s accusations include failing to block transactions with terrorist groups and countries subject to U.S. sanctions
Odaily News According to Bloomberg, in a document made public on Tuesday, Binance was accused of three counts, including money laundering violations, conspiring to operate an unlicensed fund transmission business, and violating U.S. sanctions. According to court documents made public on Tuesday, Binance will pay a $1.8 billion criminal fine and forfeit $2.5 billion. According to the U.S. Treasury Department, Binance’s violations include failing to block and report suspicious transactions with terrorist groups, including Hamas’ Al-Qassam Brigades, Palestinian Islamic Jihad, al-Qaeda, and the Islamic State in Iraq and Syria. The announcement comes as Israel and Hamas are embroiled in a war that broke out more than six weeks ago. According to court documents, Binance allowed at least 1.1 million transactions worth more than $898 million related to Iranian customers.
2023-11-21 21:12:47
Binance and CZ plead guilty and reach settlement with DOJ and CFTC
Binance and its CEO CZ pleaded guilty to criminal charges of anti-money laundering and violating U.S. sanctions, including allowing transactions with terrorist groups such as Hamas, as part of a deal with the U.S. Department of Justice aimed at keeping the company operating part of the comprehensive agreement. Binance agreed to plead guilty and pay a fine of more than $4 billion. Changpeng Zhao agreed to resign and pay a $50 million fine as part of a settlement, and he pleaded guilty in a Seattle court on Tuesday. The agreement includes the participation of the U.S. Treasury Department and the Commodity Futures Trading Commission and ends a years-long investigation into the cryptocurrency exchange. The negotiated settlement will resolve all allegations of criminal misconduct.
2023-11-21 21:16:46
Binance’s new CEO Richard Teng issued an open letter: The focus will be to maintain user confidence, cooperate with regulators and promote the popularity of Web3
Odaily News Binance’s new CEO Richard Teng published an open letter on the Trust is a responsibility that I take seriously and value. With the support of Changpeng Zhao (CZ) and our leadership team, I accept this role so that we can continue to meet and exceed stakeholder expectations while delivering on our core mission— Monetary freedom. The foundation that Binance is built on today is stronger than ever... My focus will be on: 1. Assuring users that they can continue to have confidence in the financial strength, safety and security of the company; 2. . Work with regulators to uphold high standards that promote innovation around the world while providing important consumer protections; 3. Work with partners to drive the growth and adoption of Web3.
2023-11-21 22:09:52
Binance Announcement: Reached a settlement with U.S. regulators, the settlement agreement does not involve fund misappropriation or market manipulation
Odaily News Binance released a report today saying, “Today we are pleased to inform that we have reached out to the U.S. Department of Justice, the Commodity Futures Trading Commission, the Office of Foreign Assets Control, and the Financial Crimes Enforcement Network regarding their historical registration, compliance and sanctions issues. The investigation resulted in resolutions. These resolutions acknowledge our company’s responsibility for historical criminal compliance violations and allow our company to begin a challenging yet transformational new chapter of learning and growth. Notably, In our resolution with the U.S. agencies, they did not accuse Binance of misappropriating any user funds and did not accuse Binance of engaging in any market manipulation.
2023-11-21 22:23:02
The U.S. Treasury Department will retain access to Binance’s books, records, and systems for five years
Odaily News According to an announcement issued by the U.S. Department of the Treasury today, it will retain access to Binance’s books, records and systems for five years to monitor Binance’s compliance progress. “The Financial Crimes Enforcement Network (FinCEN) settlement assesses a $3.4 billion civil penalty against Binance, imposes five years of supervision, and requires significant compliance commitments, including ensuring Binance fully exits U.S. foreign assets. The settlement agreement from the Office of Control (OFAC) assesses a $968 million fine and requires Binance to comply with a series of strict sanctions compliance obligations, including fully cooperating with regulations overseen by FinCEN. To ensure that Binance lives up to the terms of its settlement agreement— — including not providing services to U.S. persons — and to ensure illegal activity is addressed, the Treasury Department, through a conservator, will retain access to Binance’s books, records, and systems for a period of five years. Failure to meet these obligations may This exposes Binance to significant additional fines, including a $150 million suspended fine that will be collected by FinCEN if Binance fails to comply with the terms of the required compliance commitments and supervision.
2023-11-21 23:18:21
Bloomberg: CZ’s sentence is not expected to exceed 18 months
Odaily News According to Bloomberg, CZ could have faced up to 10 years in prison, but according to the plea agreement, he is not expected to be sentenced to more than 18 months in prison. The U.S. Department of Justice has not decided how long they will seek to sentence him.
2023-11-22 00:23:46
CZ’s personal bail is set at $175 million and he will be allowed to live in the UAE while awaiting sentencing.
Odaily News BitMEX Research posted on the X platform that the court ruled that CZ will be allowed to live in the United Arab Emirates while waiting for the verdict. CZ must return to the United States 14 days before sentencing. Additionally, WhaleWire reported that CZ was released on a personal bail of $175 million, one of the largest bails in history.
2023-11-22 01:02:02
Analysis: CZ plea deal reveals expected sentence of 10 to 16 months
Odaily News BitMEX Research stated on the X platform that in CZ’s plea agreement, it was revealed that the agreement applies to level 12 crimes. Sentencing guidelines state that the expected sentence for a Level 12 crime is 10 to 16 months. However, judges are not required to follow this guidance. According to previous news, BitMEX Research posted on the X platform that the court ruled that CZ will be allowed to live in the United Arab Emirates while waiting for the verdict. CZ must return to the United States 14 days before sentencing. Additionally, WhaleWire reported that CZ was released on a personal bail of $175 million, one of the largest bails in history. According to Bloomberg, CZ could have faced up to 10 years in prison, but under the plea agreement, he is not expected to be sentenced to more than 18 months in prison. The U.S. Department of Justice has not decided how long they will seek to sentence him.
2023-11-22 01:11:20
CZ’s sentencing hearing will be held on February 24 next year, Beijing time
Odaily News Binance founder and former CEO CZ has been released on a $175 million personal guarantee. The sentencing hearing is scheduled for 9:00 on February 23, 2024, Pacific time (1:00 on February 24, Beijing time) held. According to court documents, he will deposit $15 million in a DWT trust account and agree to give up the funds if he violates bail conditions. He also found two guarantors who promised to provide guarantees of US$250,000 and US$100,000 respectively. The terms of CZs release prohibit him from breaking the law, flirting with witnesses or victims or taking any over-the-counter controlled substances, which are normal provisions of bail. CZ was allowed to leave the United States and said he must return 14 days before sentencing. (CoinDesk) According to previous news, BitMEX Research posted on the X platform that the court ruled that CZ will be allowed to live in the United Arab Emirates while waiting for the verdict. CZ must return to the United States 14 days before sentencing. Additionally, WhaleWire reported that CZ was released on a personal bail of $175 million, one of the largest bails in history. According to Bloomberg, CZ could have faced up to 10 years in prison, but under the plea agreement, he is not expected to be sentenced to more than 18 months in prison. The U.S. Department of Justice has not decided how long they will seek to sentence him.
2023-11-22 01:18:28
Binance’s $1.35 billion fine is the largest ever fine from the CFTC
Odaily News U.S. CFTC Chairman Rostin Behnam said at a press conference on Tuesday that Binance’s behavior “undermined the foundation of a safe and sound financial market” and the CFTC charged it a fine of US$1.35 billion. It is the largest fine ever imposed by the regulator. Rostin Behnam said that internal conversations between Binance CCO and others prove that Binance recognizes that its platform is used to facilitate criminal activities, including terrorist financing, but chooses to turn a blind eye in the name of profit. Binance and its leaders sought to deceive and indoctrinate their employees and customers, building a cult-like following premised on circumventing their own compliance controls in order to maximize company profits above all else. (CoinDesk) Previously, Binance and its CEO CZ pleaded guilty to criminal charges of anti-money laundering and violation of U.S. sanctions, including allowing transactions with terrorist groups such as Hamas, as part of an agreement with the U.S. Department of Justice. as part of a comprehensive agreement to keep the company operational. Binance agreed to plead guilty and pay a fine of more than $4 billion. CZ agreed to resign and pay a $50 million fine as part of the settlement, which he pleaded guilty to in a Seattle courtroom on Tuesday. The agreement includes the participation of the U.S. Treasury Department and the Commodity Futures Trading Commission and ends a years-long investigation into the cryptocurrency exchange. The negotiated settlement will resolve all allegations of criminal misconduct. According to Bloomberg, CZ could have faced up to 10 years in prison, but under the plea agreement, he is not expected to be sentenced to more than 18 months in prison. The U.S. Department of Justice has not decided how long they will seek to sentence him.
2023-11-22 01:42:35
U.S. Treasury Department: Binance gives VIP users the privilege of receiving advance notice when they are under investigation by law enforcement agencies
Odaily News The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) stated that VIP users of Binance are granted a series of special privileges, including receiving advance notice when being investigated by law enforcement agencies. According to FinCEN, the process is relatively simple, and Binance VIP team members are instructed to contact users under investigation through all available means, including sending text messages and making phone calls to inform customers that their accounts have been frozen or unfrozen. In response, FinCEN warned Binance VIP team staff not to be too obvious in their prompts. Binance told the VIP team: “In accordance with FinCEN’s order, under no circumstances can we give a strong hint and directly ask users to run/exit, otherwise we will be sued or held personally liable. For example, if your account is unlocked /Your account has been investigated by Two to three quarters,” adding that “there is therefore a significant business incentive for Binance” to do its best to support these VIP users. Although rules prohibit Americans from trading on the platform, American users represent a significant portion of the VIP user base, sometimes accounting for 20% of all trading fees on the exchange. (CNBC) Previously, Binance and its CEO CZ pleaded guilty to criminal charges of anti-money laundering and violation of U.S. sanctions, including allowing transactions with terrorist groups such as Hamas, as part of an agreement with the U.S. Department of Justice. as part of a comprehensive agreement to keep the company operational. Binance agreed to plead guilty and pay a fine of more than $4 billion. CZ agreed to resign and pay a $50 million fine as part of the settlement, which he pleaded guilty to in a Seattle courtroom on Tuesday. The agreement includes the participation of the U.S. Treasury Department and the Commodity Futures Trading Commission and ends a years-long investigation into the cryptocurrency exchange. The negotiated settlement will resolve all allegations of criminal misconduct.
2023-11-22 01:49:05
The U.S. CFTC fined Binance’s former chief compliance officer $1.5 million, holding compliance executives personally accountable for the first time
Odaily News U.S. Commodity Futures Trading Commission (CFTC) Commissioner Caroline Pham said that in addition to the fines against Binance and CZ, Binance’s former chief compliance officer Samuel Lim will also pay a $1.5 million fine if a federal judge approves the proposed settlement. , he is also prohibited from acting as an unregistered futures broker or operating any illegal cryptocurrency derivatives platform. Caroline Pham said this is the first time the CFTC has held compliance executives personally accountable. According to a press release issued by the CFTC, the four enforcement actions taken against Binance by the CFTC, DOJ, FinCEN, and OFAC require Binance to pay a total of more than $4.3 billion in criminal forfeitures and fines. Among them, the CFTC required Binance to hand over US$1.35 billion in illegal gains and pay a civil penalty of US$1.35 billion to the CFTC. In addition, it also required CZ to pay a civil penalty of US$150 million to the CFTC. The fine is the largest ever imposed by the regulator. (CoinDesk)
2023-11-22 01:59:33
He Yi: Binance has not been accused of misappropriating user funds or market manipulation and will strengthen compliance construction
Odaily News In response to Binance’s historic settlement with U.S. regulators, Binance co-founder He Yi issued a post on the X platform emphasizing that U.S. regulators did not accuse Binance of misappropriating user funds or participating in market manipulation. Binance is committed to further strengthening compliance measures and continuing to build and develop its platform. In addition, He Yi said in the community: Our early compliance was not good enough, and we had to be beaten when we made mistakes. Binance did not use user money, nor did it manipulate the market. If compliance is good, it is still a good boy; this is not directed at Binance. There was BitMEX before, now it’s Binance, sit in a row, come one by one. Now it’s Binance, which is compliant, and a new chapter has opened.”
2023-11-22 02:45:49
Photos of CZ appearing in Seattle court revealed
Odaily News GeekWire disclosed live photos of CZ appearing in a Seattle court. According to previous news, CZ, the founder and former CEO of Binance, has been released on a personal guarantee of US$175 million. The sentencing hearing is scheduled for 9:00 on February 23, 2024, Pacific time (1:00 on February 24, Beijing time). ) held.
2023-11-22 03:32:06
He Yi responded to follow-up supervision: SEC is a civil lawsuit, and the lawsuit will be filed slowly like Ripple.
Odaily News Regarding the discussion in the community on the subsequent supervision of the SEC, Binance co-founder He Yi said that the SEC is a civil lawsuit and will be litigated slowly. Same as Ripple. According to previous news, in response to Binance’s historic settlement with U.S. regulators, He Yi issued a post on the X platform emphasizing that U.S. regulators did not accuse Binance of misappropriating user funds or participating in market manipulation. Binance is committed to further strengthening compliance measures and continuing to build and develop its platform. In addition, He Yi said in the community: Our early compliance was not good enough, and we had to be beaten when we made mistakes. Binance did not use user money, nor did it manipulate the market. If compliance is good, it is still a good boy; this is not directed at Binance. There was BitMEX before, now it’s Binance, sit in a row, come one by one. Now it’s Binance, which is compliant, and a new chapter has opened.”
2023-11-22 05:18:35
Coinbase executive: Binance will most likely pay full $4.3 billion fine without selling crypto assets
Odaily News Conor Grogan, director of Coinbase, posted on the Drop cash balances or funds that are not in the PoR wallet. Binance is most likely to pay the $4.3 billion Justice Department fine in full without selling the crypto assets at all.
2023-11-22 05:48:58
Matrixport: The plea deal is good for both CZ and Binance and will help the US approve a spot Bitcoin ETF
Odaily News Matrixport’s latest report shows that with CZ stepping down as CEO and the fine amount being lower than the previously feared $10 billion, Binance is likely to remain one of the top three exchanges in the next 2-3 years. There may be pressure to rationalize the company with 6,000 employees. Although this plea agreement does not include the US SEC, it is a very favorable outcome for CZ and Binance itself. One might think that U.S. agencies are cleaning up the industry this year by breaking up U.S. cryptocurrency-related banks, since two of the banks run an internal ledger that crypto companies can use around the clock to move fiat currency. Arguably, there are not many (perceived) major players left and the market is pricing in a major risk-off event. Regarding the impact of this regulation, the report analyzed that more exchanges will strengthen their compliance programs and become part of the monitoring sharing agreement, which will help approve spot Bitcoin ETFs in the United States. With this plea agreement, expectations for spot Bitcoin ETFs may have been raised to 100% as the entire industry will be forced to adhere to the same rules that traditional financial companies must follow. What’s more, a washout of the industry will strengthen the case for Bitcoin adoption among institutional investors and could make Bitcoin a safe-haven asset in investor portfolios. Agencies are coming, and all enforcement actions by U.S. agencies this year are a step in that direction. As the macro environment continues to provide favorable conditions and institutional demand, 2024 is likely to be another strong year for Bitcoin - and CZ may return during the next bear market in 2026.
2023-11-22 06:37:59
Binance’s new CEO: The fundamentals of our business are very strong
Odaily News Binance’s new CEO Richard Teng tweeted that the foundation of Binance’s business is very strong, and Binance continues to operate the world’s largest cryptocurrency exchange by trading volume, with a debt-free capital structure and moderate fees, although the fees charged to users are relatively high. Low, but with strong revenue and profits.
2023-11-22 06:41:20
CZ releases internal letter: I will have to endure some pain, but I will survive
Odaily News CZ issued an internal letter saying: Thank you everyone for your warm, caring and touching words, and more importantly, for keeping this ship flying. Since I receive so many messages right now, I cant reply to them all. So, let me talk about it here. It was certainly a difficult day for me, going through this unfamiliar process with complete (12 hour) time difference and being in court without access to my phone for most of the day. I pre-written this tweet at 4am. Between all the other long legal documents I had to review, I didn’t really have time to write an internal memo up front. I think our communications team does a great job. I wont repeat what has already been said. I just want to say how proud I am of your work today, past and future. Binance will be fine. Im going to have to endure some pain, but Im going to survive. Although there will be some structural changes, we will get through this. Looking back a few years later, that might not have been such a bad thing. I need a break anyway. Now I understand, you have to keep working hard and dont complain that Im lazy. To lighten the mood a bit, this famous phrase/clip from Star Trek (2009) popped into my head. I need everyone to continue to do well. Its a good movie if you havent seen it. Please help Richard transition to his new role. Well meet at the conference, Ill say a few words there and then hand it over to Richard.
2023-11-23 14:16:44
CZ: My mental state is very stable and I am “enjoying” my free time.
Odaily News CZ posted on the X platform, thanking you for your concern. Although I cannot respond or even see everyone, I am really grateful. CZ also said: Although I often joke that I want to retire early, now that the change has finally arrived, I am trying to adapt to this change. In the past two days, some friends have told me that there will be a flexible mentality stage, although I am not sure about this. Whether or not the statement is true, but as always, my mental state is stable and I am currently enjoying all the free time I suddenly have.
2023-11-23 14:41:35
The U.S. Department of Justice files a motion to bar CZ from leaving the U.S. before sentencing.
Odaily reported that John Reed Stark, former director of the U.S. SEC Internet Enforcement Office, posted on the . Jones reviewed the decision and ordered CZ to remain in the United States. According to the Department of Justice, the reasons for the lien on CZ are: 1. CZ is very wealthy and is a billionaire; 2. Most of CZ’s wealth may be beyond the control of U.S. authorities; 3. CZ lives in the United Arab Emirates, which does not have an extradition treaty with the United States; 4. Although CZ voluntarily appeared in court to plead guilty, as the possibility of jail time gets closer, CZ will likely choose not to come back to accept sentencing. Under the terms of the current bond agreement, CZ can leave the United States because he has deposited $15 million in a trust account, signed a $175 million personal surety bond and found a guarantor to provide additional funds.
2023-11-24 14:07:34
CZ submitted documents to the court stating that he should be allowed to return to the UAE before judgment
Odaily reported that John Reed Stark, the former director of the US SEC Internet Enforcement Office, posted on the for several months in prison plus several months of home detention).
2023-11-25 01:16:05
Lawyer: CZ does not pose a flight risk and should be allowed to return to the UAE
Odaily News In a court filing on Thursday, lawyers claimed that Binance founder CZ does not pose a flight risk and should be allowed to return to the United Arab Emirates for now. The partially redacted filing rebuts a recent U.S. Justice Department filing arguing that CZ should not have left the country ahead of his sentencing in February after pleading guilty to a charge of violating the Bank Secrecy Act. CZ’s lawyer argued that by coming to the United States to plead guilty, CZ had proven that he would not be a flight risk. The document states that the magistrate judge in charge of the case, Brian Tsuchida, agreed with this view and found that CZs appearance was convincing. (CoinDesk) Previously, the U.S. Department of Justice asked Judge Richard A. Jones to review CZ’s decision to leave the country and order CZ to stay in the United States. Under the terms of the current bail agreement, CZ can leave the United States because he has deposited $15 million in a trust account, signed a $175 million personal recognizance bond and found a surety to provide additional funds. John Reed Stark, former director of the U.S. SEC Internet Enforcement Office, posted on the months of imprisonment plus several months of home detention).
2023-11-26 13:16:54
U.S. Department of Justice responds to CZ travel restriction complaint, prosecutors may seek statutory maximum sentence of ten years
Odaily News The U.S. Department of Justice responded to CZ’s defense team’s statement in its latest court filing that he faces a “brief” sentence and has no motive to escape. The government made it clear that under criminal guidelines, CZ could be sentenced to up to 18 months in prison, and prosecutors could seek a statutory maximum sentence of up to ten years. The document mentions that although CZ has family ties and has not been in prison, the sentence he faces will have a significant impact on him. Based on this, the U.S. government believes that the measures it proposed to restrict CZ’s travel during the period of guilty plea and sentencing are reasonable and necessary, aiming to ensure that CZ can bear legal responsibility within the United States and reduce his potential flight risk.
2023-12-08 00:24:20
Reuters: A U.S. judge requires CZ to stay in the United States until the verdict is announced, believing that CZ poses a risk of fleeing.
Odaily News Federal Judge Richard Jones in the District of Seattle in the United States on Thursday approved the U.S. government’s motion, requiring former Binance CEO Changpeng Zhao to stay in the United States before accepting a sentence for violating U.S. anti-money laundering laws. In a court document filed Thursday, a judge agreed with the Justice Department that Zhao was a flight risk. (Reuters) According to previous news, CZ asked the court to be allowed to return to the UAE before the verdict.
A new era: CZ resigns, Richard Teng takes over
Full text of Binance’s response: SEC does not protect investors, only makes news headlines
"We have been actively cooperating with the SEC's investigation, but they abandoned communication and acted unilaterally."
2023-06-05
invest
Binance
SEC
SEC sues Binance and CZ for violating securities laws, quick reading of key points of indictment
The SEC issued a ruling: a civil penalty and a permanent ban from engaging in securities-related transactions.
2023-06-05
SEC
CZ
In-depth interpretation: the intention and story behind the SEC suing Binance documents
The SEC could not understand the Chinese word for "playing Tai Chi", claiming that Zhao Changpeng implemented the "Tai Chi Project" in the face of supervision.
2023-06-06
exchange
Binance
SEC
BNB
Inventory of encryption projects fined by SEC: Can Binance settle with SEC?
According to past history, crypto projects cannot escape the result of "exchanging money for life" after being investigated by the SEC.
2023-06-06
Binance
SEC
Why does the US SEC, which clearly classifies more than ten tokens as securities, continue to evade ETH?
L1 tokens, which also serve as a medium for daily transactions and an investment tool, need to have clear regulation, which is not only conducive to innovation, but also conducive to mainstream adoption.
2023-06-06
ETH
policy
SEC
SEC pointed at Binance, and Gary Gensler "reported private revenge"?
After the FTX incident, Gensler was in trouble.
2023-06-06
policy
Binance
SEC
FTX
CZ
SEC sues Coinbase for violating securities laws
The SEC required Coinbase to surrender its illegal gains and impose civil penalties.
2023-06-06
SEC
Coinbase
While the SEC is crazy about output, what is the attitude of CFTC?
The chairman of the CFTC will testify before the House of Representatives today, and the full text of his testimony is now available.
2023-06-06
policy
SEC
SEC Chairman Gary Gensler was blasted by the media: a national shame, step down quickly
"It's time to let him go."
2023-06-06
SEC
Live broadcast of digital asset regulatory hearings (continuously updated)
What are the latest points and precautions at the hearing?
2023-06-06
policy
SEC
Coinbase
SEC strikes hard, big Vs can't sit still
A day of unprecedented unity in the crypto world.
2023-06-07
SEC
In fact, Coinbase sued the SEC first
"There are no specific rules, why do you say I violated the rules?"
2023-06-07
policy
SEC
Coinbase
4D analysis of the fulcrum and 5 endings of the SEC VS Crypto war
Return to the Howey test and the Aristotelian syllogisms.
2023-06-08
SEC
Binance
After achieving five consecutive jumps in two years, what is the origin of CZ’s successor Richard Teng?
Richard Teng joined Binance in 2021. It has only been 2 years and 4 months since then, and he has experienced 5 consecutive jumps.
2023-11-22
CZ
exchange
Binance
The U.S. Department of Justice seeks to settle with Binance for $4 billion. Is this a good thing or a bad thing?
Is US$4 billion enough to eliminate regulatory FUD for the industry?
2023-11-21
Binance
SEC
CZ’s follow-up trends: 175 million US dollars bail, can return to Dubai temporarily, but must go to the United States again next year
As required, CZ must return to the United States fourteen days before the scheduled sentencing date.
2023-11-22
policy
Binance
founder
CZ
Binance reaches settlement with regulators, CZ agrees to resign and pleads guilty
Is the crypto world changing?
2023-11-21
Binance
CZ
An article summarizes the results of the settlement reached between US regulators and Binance: The regulatory dark clouds have dispersed, what’s the next step?
CZ officially resigned, and Richard Teng, head of Binance’s global regional market, took over as Binance CEO.
2023-11-21
Binance
CZ resigns, crypto KOL bids farewell
CZ is out and Binance is reborn.
2023-11-22
Binance
CZ
The CZ era of Binance has come to an end, which may be the greatest 6 years for Chinese entrepreneurship
As the most important infrastructure of cryptocurrency, CZ has temporarily completed its mission, but Binance has not yet.
2023-11-22
Binance
CZ
founder
exchange
Behind the sky-high $4.3 billion fine: Are the sanctions against Binance and CZ a good thing or a bad thing?
Compliance, tying up with Wall Street, and going public are the brightest paths for BinanceUS.
2023-11-22
CZ
exchange
Binance
SEC
Father of Binance CZ handed over the baton, the encryption journey is still a sea of stars
Sow the seeds and grow into a big tree, providing shade for future generations.
2023-11-22
exchange
Binance
CZ
SEC's lawsuit against Coinbase and its impact
2023-06-06 12:14:42
SEC sues cryptocurrency exchange Coinbase
Odaily星球日报讯 据彭博,SEC在纽约联邦法院起诉加密货币交易所Coinbase。
2023-06-06 12:19:16
SEC defines SOL, ADA, MATIC, FIL, SAND, etc. as securities
Odaily星球日报讯 SEC 在 Coinbase诉讼中将SOL、ADA、MATIC、FIL、SAND、AXS、CHZ、FLOW、ICP、NEAR、VGX、DASH和 NEXO 定性为证券。
2023-06-06 12:51:32
SEC: Coinbase has never registered with the SEC as a broker, national securities exchange or clearinghouse
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,
1.该交易所从未在SEC注册为经纪人、国家证券交易所或清算机构,也从未获得任何豁免,从而规避了国会为美国的证券市场建立的信息披露制度,藐视监管;
2.一直以来,Coinbase通过收集手续费和其他方式从投资者处获得了数十亿美元的收入,但却未给予注册要求的披露和投资者保护,因此将投资者置于巨大风险之中;
3.Coinbase违反了证券市场关键功能的分离规定;
4.作为一个未注册的经纪人进行运作,它向投资者提供了另外两项违规服务:Coinbase Prime、Coinbase Wallet;
5.Coinbase违反Howey测试,让Howey测试标准认定为证券的加密货币资产进行交易;
6.Coinbase提供的质押计划服务,向投资者25-35%的佣金,违反了SEC证券法。
2023-06-06 13:14:44
SEC: Coinbase’s income and expenses flow to the parent company CGI, and the two are not distinguished
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,Coinbase产生的收入和支出流向了Coinbase的母公司CGI。例如,CGI 2022年的合并资产负债表和运营报表包括:与Coinbase服务相关的基金和加密资产及负债;Coinbase服务产生的总收入;Coinbase的技术和开发费用;以及Coinbase的销售和营销费用。
Coinbase和CGI拥有同一个董事会,CGI的大多数高管在Coinbase担任相同的高管职位,包括Brian Armstrong,他同时担任Coinbase和CGI的首席执行官。这两个实体都通过同一个网站(coinbase.com)运营,并通过同一个博客、Twitter feed、Facebook页面、LinkedIn页面和YouTube频道传播公共信息。事实上,在他们的公开声明中,Coinbase和CGI并没有进行区分。
2023-06-06 13:20:15
SEC Not Seeking Permanent Barring of Coinbase From Financial Business
Odaily星球日报讯 在对Coinbase的起诉书中,SEC请求法院做出裁决:(a)永久禁止被告违反证券法相关规定的行为;(b)命令被告人交出非法所得,并支付预付利息;(c)对 Coinbase 进行民事罚款,并要求其为投资者的利益给予适当或必要的公平救济。值得注意的是,昨日SEC对Binance裁决中,还禁止其永久从事金融业相关业务,包括加密金融。
2023-06-06 13:31:38
SEC: Coinbase spends hundreds of millions of dollars a year to maintain and acquire users
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,Coinbase每年在营销和销售上花费数亿美元,以维护和招揽新投资者。根据CGI提交的2022年10-K表格,Coinbase的“成功取决于我们留住现有客户和吸引新客户(包括开发人员)的能力,以增加我们产品、服务和平台的参与度。”为此,Coinbase网站充满了开设Coinbase账户的链接以及营销激励和促销广告,旨在吸引更多投资者到Coinbase平台。
2023-06-06 13:32:44
SEC: Coinbase will mix customer funds and crypto assets of similar nature
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,Coinbase要求寻求通过Coinbase平台和Prime进行买卖或交易的客户在coinbase.com上创建一个帐户,并将其加密资产或法定货币转移到Coinbase。一旦资产转移到Coinbase,Coinbase就会将相应的金额记入客户账户的内部分类账中。Coinbase的内部分类账单独跟踪每个客户的加密资产和法定货币的每笔存取款,但Coinbase还会将性质相似的客户资金和加密资产混合在一起。
2023-06-06 13:46:20
SEC: In order to achieve growth, Coinbase "knowingly commits crimes" and launches encrypted assets with securities characteristics
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,从2019年开始,Coinbase成立加密评级委员会(CRC)来评估某些加密资产的「Howey Test」进行打分,进而判定是否可以在Coinbase平台上进行交易。
为了实现Coinbase平台的指数级增长,提高自己的交易利润,Coinbase做出了战略性的商业决策,即使一些项目的「风险」得分很高,符合证券标准,依然坚持上线。
CRC成立一年后,Coinbase平台上的加密资产数量翻了一倍, 2021年同样如此。甚至Coinbase上币团队还会直接与资产发行方对话,要求其删除一些有悖于Howey Test的话术(言论)和声明,从而避免监管审查。
2023-06-06 14:02:55
SEC: Parent company CGI admits that crypto assets on Coinbase are at risk of being considered securities
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,作为其成为上市公司努力的一部分,CGI于2021年2月25日向SEC公开提交了S-1表格,以注册其A类普通股的发行。SEC工作人员根据适用的披露和会计要求审查了该注册声明(以及早期的保密草案和随后公开提交的修订)。
作为审查过程的一部分,SEC工作人员发表了意见,CGI提交了回应函和修改的注册声明。
2021年4月1日,CGI的S-1表格宣布生效。在其S-1表格中,CGI承认了Coinbase提供的用于交易的加密资产存在可能被视为证券的风险,因此Coinbase可能被发现从事未注册的经纪、交易所和/或清算机构活动。
自S-1表格生效以来,CGI在向SEC提交的每一份年度和季度报告(分别为10-K和10-Q表格)中几乎逐字逐句地披露了相同的信息。
2023-06-06 14:27:59
Coinbase responds to SEC: clear legislation is the solution, Coinbase will operate as usual
Odaily星球日报讯 据The Block编辑Frank Chaparro,Coinbase首席法律官兼总法律顾问Paul Grewal针对SEC诉讼一事发布回应表示,在没有明确的数字资产行业规则的情况下,SEC的执法行为损害了美国的经济竞争力,也损害了像Coinbase这样对合规性有明确承诺的公司。解决方案是立法,允许透明地制定公平的道路规则,而不是诉讼。与此同时,我们将继续照常经营业务。
2023-06-06 14:44:09
The chairman of the CFTC announced the testimony of today's hearing: it is recommended that Congress take immediate legislative action to solve the problem of lack of supervision of digital assets
Odaily星球日报讯 美国商品期货交易委员会(CFTC)主席Rostin Behnam今日将出席众议院农业委员会关于“为数字资产现货市场提供清晰度”的主题听证会,证词现已公布。
Rostin强调了国会应采取立法行动,解决数字商品市场缺乏联邦监管的问题,并认为这将助于保护客户、确保市场弹性和稳定,并防止风险传染到传统金融系统中。Rostin补充称,监管的目标应该是保护客户资产、监控交易活动、禁止利益冲突以及实施严格的网络安全标准等。
此外,Rostin还呼吁国会提供必要的资金,以确保监管者有足够的资源执行新的监管职责。
2023-06-06 15:07:33
New Jersey Department of Securities fines Coinbase $5 million
Odaily星球日报讯 新泽西州已对Coinbase的加密货币质押产品销售违规行为展开调查,并发布了一份简要的停止与禁止令。新泽西州证券部门决定对Coinbase处以500万美元的罚款,原因是Coinbase未在该州注册的情况下向该州居民销售未注册的证券。
2023-06-06 15:17:28
SEC Explains Three Unregistered Operational Violations of Coinbase
Odaily星球日报讯 SEC在针对Coinbase的诉讼中阐述道,Coinbase通过Coinbase平台,使用州际商业的手段和工具,将多个加密资产买家和卖家的订单聚集在一起,这些资产作为证券进行买卖,使用一个带有非自由支配规则的交易设施,让订单进行交互,让买家和卖家就这些证券的交易条款达成一致。因此,Coinbase被要求在SEC注册为国家证券交易所或根据此类注册的豁免进行运营,但Coinbase并没有这样做。
其次,Coinbase通过Coinbase平台、Prime和Wallet,利用州际商业的手段和工具,为他人的账户进行证券交易,例如,招揽加密资产证券的潜在投资者,将自己定位为买卖加密资产证券的场所,通过开设客户账户和处理客户资金和加密资产来促进加密资产证券的交易,通过Coinbase控制的账户和数字钱包购买证券(将其混合并视为可替代的),并由此获得补偿。因此,Coinbase被要求在SEC注册为经纪人或根据豁免进行运营,但Coinbase也没有这样做。
最后,Coinbase作为中介,在Coinbase平台上结算加密资产证券交易。Coinbase还担任证券托管人,要求客户将其加密资产证券存入Coinbase控制的钱包中,创建了一个集中处理证券的系统,在该系统中,在Coinbase平台上存入和交易的证券被视为可替代的,客户账户被Coinbase借记和贷记,以结算客户交易。因此,Coinbase被要求在SEC注册为清算机构或根据豁免进行运营,但Coinbase同样没有这样做。
2023-06-06 15:21:41
Ten U.S. states have taken legal action against Coinbase for violating securities laws
Odaily星球日报讯 Watcher.Guru发推称,截至目前,美国已经有十个州针对Coinbase违反证券法采取法律行动,包括伊利诺伊州、佛蒙特州、阿拉巴马州、肯塔基州、加利福尼亚州、马里兰州、威斯康星州、华盛顿、新泽西州、南卡罗来纳州。
此前消息,新泽西州证券部门决定对Coinbase处以500万美元的罚款,原因是Coinbase未在该州注册的情况下向该州居民销售未注册的证券。
2023-06-06 15:51:43
SEC: Coinbase Staking Program Violates Securities Act
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,Coinbase已经并继续违反《证券法》第5(a)和5(c)条,因其从事与其质押计划相关的未经注册的证券发行和销售。在此过程中,Coinbase剥夺了投资者关于Coinbase及其质押计划产品的重要信息获取,包括Coinbase如何使用发行收益以及影响该企业和投资这些证券的风险和趋势。
此外,Coinbase已经并将继续通过其网站、社交媒体页面、博客、谷歌和其他广告投放渠道向公众推销Coinbase质押计划,将其作为一个“想赚多少就赚多少”的投资机会。
CGI承认了Coinbase质押计划的“盈利”和“收益”潜力,并在其他SEC公开文件以及季度收益和分析师电话会议中强调了该计划的增长和成功,这些记录可在Coinbase的网站上找到。
2023-06-06 15:59:41
SEC: CGI has disclosed the risks related to pledge and stated that "customers' encrypted assets may be lost and irretrievable"
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,在提交给SEC文件中,CGI披露了与质押相关的风险,即由于网络安全攻击、客户私钥丢失或其他安全问题,或者如果Coinbase的节点“验证器、任何第三方服务提供商或智能合约未能按预期运行”,“客户的资产可能会损失且无法挽回”。
此外,CGI于2022年9月30日提交的10-Q表格规定,客户的加密资产“不受任何政府或政府机构的保险或担保”;Coinbase“依赖(其)合作伙伴的运营、流动性和财务状况来妥善保管客户资产”;Coinbase的义务不限于某些客户合同;在某些情况下,保险范围是有限的,“可能无法涵盖某些损失的程度和损失的性质,在这种情况下,(Coinbase)可能要对所遭受的全部损失负责,这可能大于(其)所有资产。”
2023-06-06 16:16:09
SEC: Coinbase controls and pools the encrypted assets of investors in the pledge plan and pledges them together with its own assets
Odaily星球日报讯 SEC在针对Coinbase的诉讼中指出,在由Coinbase控制并按资产隔离的钱包中,该公司控制和汇集质押计划投资者的加密资产,连同Coinbase自己的加密资产一起。Coinbase还将自己的加密资产与质押计划投资者的资产一起进行质押,包括作为五种协议的同一质押池的一部分。
此外,Coinbase将所有由投资者提交并根据可质押资产隔离的加密资产视为可替代资产。
2023-06-06 17:03:01
Coinbase CEO: SEC and CFTC made conflicting statements
Odaily星球日报讯 Coinbase CEO称,美国证监会(SEC)和美国商品期货交易委员会(CFTC)发表了相互矛盾的声明,对什么是证券和什么是商品都没有达成一致意见。同时,SEC的执法方式也损害了美国的利益。
他表示,我们也曾试图反复注册,但是没有成功(此前SEC指控Coinbase通过让用户交易大量实际上是未注册证券的加密代币来逃避监管),我们对事实和法律有信心。
2023-06-07 03:09:25
Opinion: Coinbase is facing a 'battle of life and death' with the SEC
Odaily星球日报讯 彭博社今日刊文称,Coinbase在与SEC的法律斗争中面临生死考验,SEC的执法行动对Coinbase尤其不利。Coinbase去年超过80%的收入来自美国,现在其商业模式面临着近乎生死存亡的威胁。
Ashbury Legal的律师Ashok Ayyar表示:“对于Coinbase来说,这个案子是生死攸关的,因为它更专注于美国市场。预计Coinbase会对此展开激烈的诉讼。诉讼称,Coinbase几乎所有的美国业务都是非法的。”
Oppenheimer & Co.分析师Owen Lau预计Coinbase会面临一场长期的法律战。他说:“虽然Coinbase可能在短期内正常运营,但SEC的指控可能造成声誉损害并可能导致用户从该平台撤资。”
在第一季度,Coinbase的收入已经不到其2021年末峰值的三分之一。过去两天,其股价下跌了20%。
从长远来看,如果SEC胜诉,Coinbase将面临更大的打击。此案可能会迫使该公司停止提供被视为证券的代币的托管和交易,从而威胁到其很大一部分业务。
“如果SEC阻止Coinbase交易一些他们认为是证券的代币,这可能会对Coinbase的财务健康产生巨大影响,”Lau说,“我认为,面临风险的营收可能超过50%。”
但他补充称,SEC可能无法在所有指控中获胜:“需要注意的是,失去一切的可能性可能非常低。”
昨日消息,SEC起诉Coinbase,指控Coinbase未能在该机构注册为经纪商、交易所或清算公司,且Coinbase的质押计划也违反了证券法。另外,SEC将SOL、ADA、MATIC、FIL、SAND、AXS、CHZ、FLOW、ICP、NEAR、VGX、DASH和NEXO认定为证券。
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