November 30th, 2023

CZ Left Binance… Should You Also Leave for Coinbase, OKX, Etc?

By now, you’ll be well aware that Changpeng Zhao (CZ) has resigned from the beast of an exchange that is Binance. Singaporean ex-MAS director Richard Teng has taken the reins as CEO, following in the few legal footprints left by CZ.

Over $1 billion has left the world’s largest crypto along with CZ as users withdrew their funds in response to the crypto titan pleading guilty to anti-money laundering violations in the US.

Binance was fined $4.3 billion whilst CZ himself agreed to pay a $50 million penalty.

These withdrawals are not necessarily a reflection of the confidence the market has in Teng but rather, the lack of confidence in Binance’s overall position.

As Blockhead contributor Anndy Lian explains, CZ’s supporters were disappointed in his resignation and “if not handled properly they may lose trust or interest in the exchange.”

“Moreover, CZ’s departure could also create a power vacuum or a leadership crisis within, as Teng may face resistance or opposition from some of the existing executives or employees who are loyal to CZ or who have different views or agendas,” Lian states.

Of course, the Binance fallout is serving as good news for its competitors. Crypto trading giant OKX saw its largest daily inflow of $152 million. Bybit enjoyed a $50.9 billion inflow and Bitstamp attracted $30.5 million.

“We anticipate that this will accelerate the outflow of projects, exchanges, founders and firms from direct U.S. regulatory purview,” crypto market maker Auros COO Jason Atkins told The Block. “Compliance will now be a non-negotiable so as to minimize lapses in the AML and KYC requirements in the U.S., irrespective of the country of incorporation.”

Coinbase has experienced a continuous rise in its stock price too, rising 12% over the past few days and more than 41% throughout the past month.

Reacting to Binance’s news, CEO Brian Armstrong took to Twitter to emphasise the importance of compliance.

“Since the founding of Coinbase back in 2012 we have taken a long-term view. I knew we needed to embrace compliance to become a generational company that stood the test of time,” he said. “This meant we couldn’t always move as quickly as others… Today’s news reinforces that doing it the hard way was the right decision.”

Other winners include degens who jumped onto meme coins aptly titled $CZ and $TENG, enjoying returns of up to 100,000% and 14,000% respectively.

4 Fingers, Big 4 Audit, FUD 4 Real

The image of CZ holding up four fingers has become a meme of its own. Stemming from an initial tweet he wrote earlier this year, the figure reflects CZ’s fourth item on his “Do’s and Dont’s” list: Ignore FUD.

With CZ finally exiting Binance, it’s now time to re-evaluate the FUD surrounding the exchange and whether we can apply his advice to his own firm.

As mentioned, Binance is set to pay a fine of $4.3 billion. A simple glance at Binance’s proof-of-reserves will indicate that the exchange backs customer assets one-to-one.

“People can withdraw 100% of the assets they have on Binance. We will not have an issue at any given day,” CZ reassuringly said in an interview. “In crypto, there’s no central bank printing money to bail out banks when there’s a liquidity crunch. Crypto businesses have to hold user assets one-to-one, and that’s what we do – it’s very simple.”

According to Binance, the exchange has $6.35 billion in total assets, which means it should be able to easily pay off the $4.3 billion fine without eating into customer funds.

However, Binance has refrained from disclosing its liabilities. When FTX collapsed, eyes predictably turned to Binance. At that time, CNBC’s Becky Quick pressed CZ on whether Binance could handle a $2.1 billion payment.

“Would you be able to handle it if somebody asked you for $2.1 billion back?” Quick asked him.

“We are financially OK,” CZ replied, failing to provide a direct answer.

When Quick pressed him on getting a Big 4 auditor to vet his firm, CZ claimed none wanted to work with him.

“A Big 4 auditor would reveal [problems],” Quick said. “If you’re saying that some of them don’t want to work with you, that raises questions too. They don’t want to work with you because you don’t have the files and the data that would make them feel comfortable to give their stamp of approval?”

In response, CZ pushed the blame onto the auditors. “Many of them don’t know how to audit crypto exchanges,” he said.

CNBC’s Andrew Ross Sorkin pointed out that Coinbase has a Big 4 auditor, to which a flummoxed CZ replied, “I don’t look at Coinbase.”

Star Trek or Fiction?

In CZ’s internal letter addressed to Binance staff, the now-former-CEO turned to Star Trek for words of wisdom. “I need everyone to continue performing admirably,” he said, lifting from the 2009 Star Trek film.

Binance users will now have to decide how much of what CZ told them is fiction, like his Star Trek quote. Last year, CZ was reluctant to answer whether Binance could cover a $2.1 billion fine. Its current $4.3 billion penalty is more than double that.

Whilst its proof-of-reserves points to a $6.35 billion asset stronghold, Binance’s reluctance to permit an audit means its liabilities could diminish this number substantially.

Perhaps Teng will straighten up Binance’s financials, in line with regulatory demands. But the truth could be painful to hear.

Source: https://www.blockhead.co/2023/11/23/cz-left-binance-should-you-also-leave-for-coinbase-okx-etc/

Anndy Lian

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

www.anndy.com

j j j

November 24th, 2023

The Binance Effect: What CZ’s Exit Means for Crypto Markets

Binance, the world’s largest cryptocurrency exchange by trading volume, has been facing a series of regulatory challenges in various jurisdictions since 2022.

The US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have both filed lawsuits against Binance and its CEO Changpeng Zhao, also known as CZ, for allegedly violating securities and derivatives regulations, among other charges.

They have also been fined by the Dutch Central Bank, the UK Financial Conduct Authority, and the Australian Securities and Investments Commission for offering crypto services without proper authorization.

In a not-so-surprising move (at least to me), CZ announced on November 21, 2023, that he was stepping down as the CEO and handing over the reins to Richard Teng, the former head of their non-US markets. CZ said that he made this decision to “focus on the bigger picture” and to “support the growth of the crypto industry as a whole”. He also said that he was confident in Teng’s leadership and that he would remain as the chairman of the board.

What does this mean for Binance? Is there any impact on the crypto industry?

CZ’s departure from the CEO role could have both positive and negative implications for Binance and the crypto industry. On the one hand, it could signal a shift in the company’s strategy to become more compliant with the regulators and to cooperate with the authorities to resolve the pending lawsuits. Teng, who has a background in traditional finance and regulation, could bring more credibility and stability to their operations and reputation.

He could also leverage his experience and network to expand it’s presence and partnerships in new and emerging markets, such as Africa, Latin America, and the Middle East.

On the other hand, CZ’s departure could also create some uncertainty and risk for Binance and the crypto industry. CZ has been the face and the voice since its inception in 2017. He has built a loyal and passionate fan base among the crypto community, who admire his vision, innovation, and charisma. He has also been a vocal advocate and defender of the crypto industry, often challenging the regulators and the critics on social media and in interviews.

When I looked online, some of his supporters felt disappointed by his decision to step down, and if not handled properly they may lose trust or interest in the exchange. Moreover, CZ’s departure could also create a power vacuum or a leadership crisis within, as Teng may face resistance or opposition from some of the existing executives or employees who are loyal to CZ or who have different views or agendas.

Based on what I know Teng, a fellow Singaporean is well respected by their English-speaking colleagues and has been making important decisions within the ecosystem for a while. I think there isn’t any major issue.

Paying the fine in this early stage is a good move for CZ. He is a free man. He is still the largest shareholder. This may also mean that BNB price will go up. Here’s why.

One of the reasons why CZ decided to step down as the CEO was to settle the lawsuits with the US regulators and to pay the fines that they imposed on him and the company. According to the Yahoo Finance, they have agreed to fork out a total of $4 billion to the SEC and the CFTC to resolve the allegations of operating unregistered exchanges, selling unregistered securities, mishandling customer funds, and violating derivatives rules. The settlement also includes a requirement for Binance to hire an independent monitor to oversee its compliance with the US laws and regulations. CZ has also agreed to pay $50 million and sentencing will occur at a later date.

Paying the fine in this early stage is a good move for several reasons. First, it could help them avoid a prolonged and costly legal battle that could drain their resources and damage their reputation. Second, it could help them restore their relationship and trust with the US regulators and the US market, which is one of the most important and influential in the crypto industry. Third, it could help them clear their name and reputation from the allegations and accusations that have been hanging over their heads for months. Fourth, it could help them focus on their core business and innovation, rather than on legal and regulatory issues.

By making this move, CZ is also freeing himself from the legal and regulatory burdens and risks that come with running a global crypto exchange. After all, he is still the largest shareholder, which means he still has a significant stake and influence in the company. He can also pursue other interests and projects that he is passionate about, such as philanthropy, education, research, or even launching a new venture. He can also continue to support and promote the crypto industry as a whole, as he said in his announcement.

This may also mean that BNB price will go up. Here is why.

BNB is the native token of Binance, which is used to pay for fees, access services, and participate in various activities on the exchange platform and ecosystem. BNB is also one of the most popular and widely used cryptocurrencies in the market, with a market capitalization of over $35 billion as of November 20, 2023, ranking fourth among all cryptocurrencies according to CoinMarketCap.

The price has been affected by the regulatory challenges and lawsuits that they have faced in the past year. It reached a high of $349 in April 2023, but then dropped to around $206 in October 2023, amid intensified scrutiny and pressure from the regulators. It has recovered somewhat since then, trading at around $253 as of November 21, 2023, but still below its peak level.

However, the BNB price could benefit from the settlement and the leadership change that has been announced. The settlement could remove the uncertainty and the downside risk that have been weighing on the price for months. It could also boost the confidence and the sentiment of the holders and investors, who may see the settlement as a positive sign of commitment and ability to comply with the regulators and to operate legally and legitimately in the US and other markets.

The leadership change could also create new opportunities and possibilities for Binance and BNB, as Teng may introduce new products, services, partnerships, and innovations that could increase the demand and the utility of the token.

Does that mean after paying the US, UK and many other countries will start doing the same and open another can of worms?

The settlement with the US regulators does not necessarily mean that they are off the hook from other countries that have also taken action against them. The settlement only covers the US jurisdiction and does not affect the ongoing investigations or proceedings in other countries, such as the UK, Germany, Japan, Singapore, and Canada.

They may still face legal and regulatory consequences in these countries, depending on the nature and severity of their alleged violations. They may also have to pay additional fines or penalties or comply with additional requirements or restrictions, in order to operate or offer their services in these countries.

The settlement with the US regulators could also have a positive effect on their relations with other countries. The settlement could demonstrate their willingness and ability to cooperate and compromise with the regulators and the authorities, and to take responsibility and accountability for their actions and mistakes.

The settlement could also set a precedent and a benchmark for other countries to follow, in terms of how to deal with Binance, and how to resolve their disputes or issues. The settlement could also encourage them to improve and enhance their compliance and governance standards, and to align their operations and activities with the local laws and regulations of the countries where they operate or offer their services.

In a nutshell

The recent developments surrounding Binance, including CZ’s decision to step down as CEO and the settlement with US regulators, undoubtedly provoke speculation about the future of Binance and the broader crypto industry. As CZ relinquishes his role, both positive and negative implications emerge for Binance’s trajectory.

This move could signify a strategic shift within Binance, aiming to embrace regulatory compliance and foster stability under Richard Teng’s leadership. Teng’s background in traditional finance and regulation might herald a more compliant and credible approach, potentially expanding Binance’s global presence.

However, CZ’s departure may also introduce uncertainties. His charismatic leadership and vocal advocacy for the crypto community have garnered a loyal following, raising concerns about potential trust erosion or a leadership vacuum within the exchange. Yet, based on the insights available, Teng’s leadership seems promising, garnering respect within the ecosystem and potentially mitigating any major disruptions.

Notably, CZ’s move to settle the lawsuits and pay fines signals a strategic decision to preempt prolonged legal battles. This resolution could restore trust with US regulators, essential for their operations within the influential US market, and may help repair their reputation marred by past allegations. Maybe start a brand new decentralized Web3 journey with their newly launched Web3 wallet product.

Nevertheless, the settlement only addresses US regulatory concerns, leaving unresolved legal matters in various other jurisdictions. Consequently, Binance may face continued challenges and potential penalties or restrictions in these regions, depending on ongoing investigations and the gravity of alleged infractions.

The impact of these recent developments extends beyond Binance itself. The settlement may set a precedent for how other countries approach Binance’s regulatory compliance and pave the way for improved governance standards within the crypto industry globally.

The burning question remains: Will other countries follow suit in demanding similar settlements from Binance, further complicating their legal landscape? The answer lies in the subsequent actions of global regulators, as each country’s response may significantly shape Binance’s future and the broader regulatory environment for cryptocurrencies worldwide.

As the crypto industry witnesses this pivotal moment, the repercussions of CZ’s departure and the settlement with US regulators continue to raise critical questions. How will these events influence Binance’s strategies, partnerships, and innovations moving forward? Can this settlement establish a framework for improved industry compliance on a global scale?

The coming days will provide clarity on the far-reaching implications of these recent events, not just for Binance but for the evolving landscape of cryptocurrency regulation worldwide.

Source: https://www.blockhead.co/2023/11/22/the-cz-effect-binances-overhaul-and-what-it-means-for-crypto-markets/

Anndy Lian

www.anndy.com

j j j

September 26th, 2023

Binance vs SEC: Battle for Crypto Freedom or a Fight for Regulatory Compliance?

Binance, the world’s largest cryptocurrency exchange by trading volume, is facing a legal challenge from the U.S. Securities and Exchange Commission (SEC), which accused it of violating securities laws and defrauding investors.

Binance and its CEO, Changpeng Zhao, filed court papers seeking to dismiss the lawsuit, claiming that the SEC has no jurisdiction over their activities and that they have complied with all applicable laws. However, the SEC has not given up on its pursuit of Binance, and has recently requested access to Binance.US’s software and documents, which was denied by a U.S. court.

The outcome of this case could have significant implications for the future of the crypto industry and its regulation in the U.S. and beyond.

How the Case Unfurled

The SEC’s Allegations The SEC’s lawsuit against Binance, Binance.US, and Zhao was filed in June 2023, following a months-long investigation into the exchange’s operations. The SEC alleges that Binance and Zhao engaged in a series of securities law violations, including:

Operating unregistered national securities exchanges, broker-dealers and clearing agencies in the U.S. — without complying with the registration, reporting and record-keeping requirements of the federal securities laws.
Offering and selling unregistered securities to U.S. investors, including Binance’s own crypto assets such as BNB, BUSD, crypto-lending products and staking-as-a-service programs.
Misrepresenting the nature and extent of their activities in the U.S., and subverting their own controls to secretly allow high-value U.S. customers to trade on Binance.com, which is not authorized to operate in the U.S.
Misleading investors and regulators about the independence and oversight of Binance.US, which is allegedly controlled by Zhao and Binance behind the scenes.
Commingling investor funds with their own funds and diverting them to third parties owned by Zhao, such as Sigma Chain and Merit Peak Limited.
Engaging in manipulative trading practices that artificially inflated the trading volume and prices of crypto assets on Binance.US.

The SEC seeks injunctive relief, disgorgement of ill-gotten gains, civil penalties and permanent bans on Binance and Zhao from engaging in any securities-related activities in the U.S.

Binance’s Defense Binance and Zhao have denied the SEC’s allegations and have filed motions to dismiss the lawsuit. They argue that the SEC has no authority or jurisdiction over their activities, and they have complied with all applicable laws. They contend that:

The SEC has failed to provide any clear or consistent guidance on what constitutes a security or a securities-related activity in the crypto space, and has attempted to retroactively apply its vague and ambiguous rules to Binance and Zhao.
The SEC has failed to show that Binance or Zhao have any substantial contacts or connections with the U.S., or that they have targeted or solicited U.S. investors in any way.
The SEC has failed to prove that any of the crypto assets offered or sold by Binance or Zhao are securities under the federal securities laws, or that they have any characteristics or features of securities.
The SEC has failed to establish that Binance or Zhao have operated any unregistered national securities exchanges, broker-dealers, or clearing agencies in the U.S., or that they have performed any functions or services that require such registration.
The SEC has failed to demonstrate that Binance or Zhao have made any false or misleading statements or omissions to investors or regulators, or that they have engaged in any fraudulent or manipulative conduct.

Binance.US’s Response Binance.US, which is formally known as BAM Trading Services Inc., has also filed a motion to dismiss the charges against it.

It claims that it is a separate and independent entity from Binance and Zhao, and that it operates a fully compliant and regulated crypto trading platform in the U.S. It asserts that:

It has obtained a money services business license from FinCEN, a money transmitter license from NYSDFS, and a virtual currency license from NYDFS.
It has registered as a money services business with FinCEN
It has implemented robust anti-money laundering, know-your-customer, and cybersecurity policies and procedures, and has engaged independent auditors to verify its compliance.
It has obtained approval from the SEC to list and trade certain crypto assets that are deemed securities, such as Grayscale Bitcoin Trust and Grayscale Ethereum Trust.
It has cooperated fully with the SEC’s investigation and has provided all the requested information and documents, except for those that are protected by attorney-client privilege or trade secrets.

Binance.US argues that the SEC’s lawsuit is based on unfounded allegations and irrelevant evidence, and that it should be dismissed for lack of merit and jurisdiction.

The SEC’s Request for Inspection In a bid to bolster its case against Binance, the SEC has sought to inspect Binance.US’s software and documents, claiming that they are relevant and material to its investigation. The SEC asserts that:

Binance.US’s software and documents may reveal the extent and nature of Binance and Zhao’s involvement and control over Binance.US, as well as their access to Binance.US’s customer data and funds.
Binance.US’s software and documents may show how Binance.US’s platform operates, how it determines the eligibility and availability of crypto assets, how it executes trades and transfers, and how it handles customer complaints and disputes.
Binance.US’s software and documents may demonstrate whether Binance.US has complied with the federal securities laws and regulations, or whether it has engaged in any securities law violations or fraudulent conduct.

The SEC has requested access to Binance.US’s source code, user interface, application programming interface, database schema, data dictionary, technical specifications, user manuals, policies and procedures, contracts and agreements, correspondence and communications, financial statements, audit reports and other relevant records.

However, the SEC’s request for inspection was denied by a U.S. district court judge in New York. The judge ruled that:

The SEC’s request was overly broad, burdensome, and intrusive, as it sought to obtain virtually all of Binance.US’s software and documents without specifying their relevance or necessity.
The SEC’s request was premature, as it had not exhausted other less intrusive means of obtaining the information it sought, such as interrogatories, depositions, or subpoenas.
The SEC’s request was disproportionate to the needs of the case, as it would impose significant costs and risks on Binance.US, while providing little or no benefit to the SEC.
The SEC’s request was unjustified, as it had not shown any reasonable basis or probable cause to believe that Binance.US’s software and documents contained any evidence of securities law violations or fraudulent conduct.

The judge concluded that the SEC had failed to meet its burden of showing that its request for inspection was relevant, material, necessary, reasonable, or proportional to the issues in dispute. The judge also noted that granting the SEC’s request would violate Binance.US’s privacy rights and trade secrets protections.

Implications of SEC’s Ruling

The court’s denial of the SEC’s request for inspection is a significant setback for the SEC in its lawsuit against Binance. It indicates that the court is not convinced by the SEC’s arguments or evidence, and that it is not willing to grant the SEC unlimited access to Binance.US’s software and documents. It also suggests that the court is sympathetic to Binance.US’s defense and claims of compliance.

However, the court’s denial does not mean that the SEC’s lawsuit is over. The SEC may still pursue other means of obtaining information from Binance.US or other parties. The SEC may also appeal the court’s decision or file a revised request for inspection. The SEC may also present other arguments or evidence to support its allegations against Binance.

The outcome of this case could have significant implications for the future of the crypto industry and its regulation in the U.S. and beyond. If the SEC prevails in its lawsuit against Binance, it could set a precedent for cracking down on other crypto platforms that operate in or target U.S. investors without complying with U.S. securities laws. It could also deter innovation and competition in the crypto space by imposing stringent requirements and restrictions on crypto platforms.

On the other hand, if Binance succeeds in dismissing the lawsuit or reaching a settlement with the SEC, it could signal a victory for crypto freedom and innovation. It could also encourage more dialogue and cooperation between crypto platforms and regulators to foster a more conducive and compliant environment for crypto development.

In any case, this case is likely to shape the future of crypto regulation in the U.S. and beyond. It will test the limits of the SEC’s authority and jurisdiction over crypto assets and activities. It will also challenge the definitions and classifications of crypto assets as securities or non-securities. It will also highlight the need for clear and consistent guidance and rules for crypto platforms and investors.

This case is not only a legal battle between Binance and the SEC. It is also a fight for crypto freedom or a fight for regulatory compliance. It is a fight that will have profound implications for the crypto industry and society.

Source: https://mpost.io/binance-vs-sec-battle-for-crypto-freedom-or-a-fight-for-regulatory-compliance/