NEW YORK -- Federal regulators have sued Binance, the worldâs largest crypto exchange, accusing the company of running an illegal exchange in the United States and commingling billions of dollarsâ worth of customer funds.
The Securities and Exchange Commission, Wall Streetâs primary regulator, alleges the company acted in âblatant disregardâ of U.S. securities laws. It also named Binanceâs CEO Changpeng Zhao, known as CZ, as a defendant.
âThrough 13 charges, we allege that Zhao and Binance entities engaged in an extensive web of deception, conflicts of interest, lack of disclosure, and calculated evasion of the law,â said SEC Chair Gary Gensler in a statement Monday.
The SEC also alleges that Zhao and Binance commingled customer assets and even diverted some to an entity controlled by Zhao.
A spokesperson for Binance said the company takes the SECâs allegations seriously, but it believes the agencyâs accusations are âunjustified.â
âWe respectfully disagree with the SECâs allegations that Binance operated as an unregistered securities exchange or illegally offered and sold securities,â the company said in a statement. âBecause of our size and global name recognition, Binance has found itself an easy target caught in the middle of a U.S. regulatory tug-of-war.â
Bitcoin, the worldâs most popular crypto asset and a bellwether for the broader digital asset industry, fell more than 5 per cent Monday to US$25,750.
âSTANDING BYâ
In a tweet Monday, Zhao said his team was âstanding by, ensuring systems are stable, including withdrawals, and deposits.â
He also tweeted the number 4, his own shorthand for âIgnore FUD, fake news, attacks, etc.â (FUD stands for âfear, uncertainty, doubtâ in crypto circles.)
Binance has long argued that it isnât subject to U.S. laws because it doesnât have a physical headquarters in America. Zhao claims that the companyâs headquarters are wherever he is at any point in time, âreflecting a deliberate approach to attempt to avoid regulation,â according to the CFTCâs complaint.
Gensler alleged that Zhao and Binance misled investors about risk controls, and that they âattempted to evade U.S. securities laws by announcing sham controls that they disregarded behind the scenes so that they could keep high-value U.S. customers on their platforms.â
The SEC suit follows a complaint earlier this year from the Commodity Futures Trading Commission. That agency accused Binance and Zhao of violating U.S. derivatives trading laws in multiple ways, including allegedly secretly coaching âVIPâ customers within the United States on how to evade compliance controls.
Binance makes money primarily from collecting fees on crypto trades. Zhao started the company in China in 2017, and later relocated to avoid a Chinese government crackdown on digital assets.
U.S. regulators have been intensifying their scrutiny of crypto platforms since the collapse of FTX, the exchange founded by Sam Bankman-Fried, in November last year. Before it filed for bankruptcy, FTX briefly sought a lifeline through its much-larger rival, Binance, but the deal was quickly called off, with Binance saying that FTXâs problems were âbeyond our control or ability to help.â
FTX is now at the center of what federal prosecutors have called one of the biggest financial frauds in U.S. history. Bankman-Fried has pleaded not guilty to multiple counts of fraud and conspiracy and is awaiting trial. Several of his former business partners have pleaded guilty and are cooperating with authorities.