Key Points:
The SEC claims in the new suit that an owner of another cryptocurrency exchange in the United States advised Binance on establishing its own entity in the region and suggested two approaches, including a moderate plan to establish a Tai Chi entity that would “reveal, retard, and resolve built-up enforcement tensions” while shielding the main exchange from liabilities.
To implement the Tai Chi Plan, the Binance Consultant recommended that Binance brand a U.S. entity a Binance entity through a “franchise model” that would rely on Binance’s technology “by visualizing Binance as a technology vendor.” – according to SEC filing.
It is just one of the new elements revealed in the Securities and Exchange Commission’s 136-page complaint charging Binance, Zhao, and its US-based subsidiary for violating several laws and regulations.
According to the petition, after examining the strategy, Binance CEO Changpeng Zhao is reported to have stated that the exchange had spoken with legal firms who proposed a more cautious approach. But, he said that there were components of the scheme that the exchange may merge, according to the SEC.
The new accusation follows a 2020 Forbes piece that stated much of the same thing, referring to the Chinese martial art noted for avoiding the use of direct force. Binance responded at the time, stating that the piece featured numerous false, misleading, and defamatory statements.
The assertions are identical to those made in the Forbes piece, which said the Tai Chi paper was handed to top Binance officials.
The leaked Tai Chi paper in 2020, a presentation that top Binance executives are reported to have viewed, is a deliberate strategy to conduct a bait and switch. Although the then-unnamed corporation built up operations in the United States to distract authorities with a disguised interest in compliance, steps would be put in place to shift money to the parent firm, Binance, in the form of license fees and more. Meanwhile, prospective buyers would be educated how to circumvent regional constraints, and technology workarounds would be developed.
The SEC also said that Binance and Zhao, its wealthy creator and one of the crypto industry’s most prominent figures, surreptitiously controlled its clients’ assets, enabling them to mix and redirect investor cash “as they please.”
“We allege that Zhao and Binance entities engaged in an extensive web of deception, conflicts of interest, lack of disclosure, and calculated evasion of the law,” SEC Chair Gary Gensler said in a statement.
In a tweet, Binance.US, which is owned by Zhao, said that the complaint was not supported by the facts, the law, or the Commission’s own precedent.
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