Judge asks Binance.US and SEC to simmer down in dispute over documents

Quick Take

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

A D.C. district judge encouraged Binance Holdings Limited and the Securities and Exchange Commission to work together as the agency pushes for more information on how customer assets are handled at Binance.US. 

Tempers have flared over the past few weeks, as the SEC said BAM, the company behind Binance.US, had "slow-rolled" producing documents. On the flip side, Binance.US has said the agency's request for documents has been "overly broad" and "unduly burdensome." 

"I need you all to try to turn down the temperature and forget the past and try to give me some of what you think you can figure out,” Judge Zia Faruqui of the U.S. District Court for the District of Columbia said on Monday during a hearing. 

The SEC has asked for certain information around customer assets but said BAM has so far not obliged. Meanwhile, BAM has pushed back on the SEC’s requests, calling many of them too broad or burdensome in an unsealed court filing on Monday.

Financial statements

The SEC is asking for information around the custodying customer assets including "disaster recovery policies," maintaining control of the crypto asset wallets and BAM's financial statements, including its general ledger. 

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BAM said it would "produce its general ledger as of a mutually agreed upon date."

The agency too has asked for information about Ceffu, which the SEC says is a "newly rebranded Binance Entity" that appears to control customer assets. 

The SEC sued the exchange and its founder Changpeng "CZ" Zhao for violating multiple federal securities laws in June, and said they misrepresented the oversight of the Binance.US platform. 

The SEC and BAM agreed to an October 12 hearing and to the filing of a joint status report by October 10. 


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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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