SEC sees urgent need to inspect Binance.US and its custody of customer assets

Quick Take

  • The SEC also commented on a few notable leaves at Binance.US, including CEO Brian Shroder. 

In a Monday court filing, the Securities and Exchange Commission laid into what it says is Binance.US’s "slow-rolled small productions of documents” and called for the court to order an inspection of the firm. 

The regulator asked for certain information around customer assets, but said BAM, the company behind Binance.US, has so far not obliged. 

"BAM insists that this Court, like the SEC, should accept packaged counsel narratives, carefully drafted declarations, and small curated sets of documents regarding control of BAM's customers' assets, and that any lingering concerns are 'much ado about nothing,'" the SEC said in the filing

The accusations came hours ahead of a hearing in the U.S. District Court for the District of Columbia, months after the SEC sued the exchange and its founder Changpeng "CZ" Zhao for violating multiple federal securities laws. 

The agency called for an inspection and said that BAM "stonewalled on entire categories of information that would likely shed light on its shaky assertions concerning the custody of customer assets."

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The SEC said it wants an inspection of BAM's technological infrastructure and software, among other areas. 

"The limited inspection the SEC has been able to conduct so far demonstrates the urgent need for an inspection," the agency said. 

'Mass exodus'

The SEC also commented on a few notable executives who departed Binance.US, including its CEO Brian Shroder. Krishna Juvvadi, head of legal, and Sidney Majalya, chief risk officer, at Binance.US also left last week, according to The Wall Street Journal. 

"The accelerating mass exodus of BAM employees, now including its CEO and others who may possess crucial information regarding the custody, control, and availability of assets, further underscores the urgent need for expedited discovery into these issues now," the agency said. 


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About Author

Sarah is a reporter at The Block covering policy, regulation and legal happenings. Before, Sarah was a reporter with CQ Legal writing about securities regulation, which is where she first started reporting on crypto. Sarah has also written for The Bond Buyer and American Banker, among other finance-related publications. She graduated from the University of Missouri and earned a degree in print and digital journalism. Sarah is based in Washington D.C., and is an avid coffee lover. You can follow her on Twitter @ForTheWynn.

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