专题|币安认罪和解、CZ卸任,最大监管靴子落地
专题|币安认罪和解、CZ卸任,最大监管靴子落地
币安监管行动结束,将为之后的BTC ETF通过铺平道路?
币安逾40亿美元和解事件全流程回顾
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)
2023-11-22 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 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 06:41:20
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.
新的时代:CZ辞职,Richard Teng接任
SEC起诉Coinbase事件及影响
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。
2023-06-07 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。