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Binance seeks protective order against SEC discovery requests

Published 15/08/2023, 08:50 pm
© Reuters.  Binance seeks protective order against SEC discovery requests
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Crypto exchange Binance, through its US entity BAM Trading Services, has filed for a protective court order against the US Securities and Exchange Commission (SEC).

The motion, submitted to the US District Court of Columbia, argues that the SEC's requests for information are "over broad" and "unduly burdensome."

Binance's operating company, BAM Trading, and BAM Management have stated that they have already furnished the regulator with ample information.

The protective order aims to restrict the SEC to only four depositions from BAM employees while preventing the deposition of BAM's chief executive and its chief financial officer, though the filing did not specify any names.

Both Binance and the SEC have yet to comment on the matter.

This move comes after the SEC sued Binance and its chief executive, Changpeng Zhao, in June, accusing Binance of operating a "web of deception" and listed 13 charges.

These allegations included claims that Binance artificially inflated its trading volumes, misdirected customer funds, failed to prevent U.S. customers from accessing its platform, and misled investors about its market surveillance controls.

The SEC also alleged that Binance and Zhao secretly controlled and misused customer assets. These allegations have been financially damaging for the world's largets cryptocurrency exchange.

In response to these charges, Binance stated in a court filing that the SEC has yet to produce any evidence suggesting misuse or dissipation of customer assets.

The SEC has reportedly declined BAM's proposals to limit its requests and is opposed to the motion for a protective order.

Previously, the SEC had accused Binance of creating separate US entities as part of a scheme to evade US federal securities laws.

The regulator also claimed that a trading firm owned by Zhao engaged in wash trading, which artificially inflated trading volumes on the Binance.US platform.

Binance has consistently denied these allegations, emphasising that it is not a US exchange and thus, the SEC's actions have limited jurisdiction.

Binance has also assured that all user assets on its platforms, including Binance.US, are secure.

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