Key Points:
In dismissing the lawsuit, Binance said the CFTC’s attempt to sue Binance was beyond its jurisdiction. The document states that Binance does not operate in the US and that its CEO, Changpeng Zhao, also does not live in the US.
The first six charges brought by the CFTC “do not apply to the foreign conduct alleged herein,” and some of them do not meet the legal standards outlined in the statutory requirements.
The world’s largest cryptocurrency exchange harshly said that the CFTC has no regulatory powers over spot trading even in the United States, let alone overseas. The allegation of offering additional products on or after 2019 is incorrect because, at that point, it had already begun to restrict and eliminate potential US users.
Saturday’s allegation that Binance was attempting to evade the Commodity Exchange Act should be dismissed as the agency also failed to meet the necessary requirements, the filing said.
On March 27, the US Commodity Futures Trading Commission (CFTC) sued the world’s largest cryptocurrency exchange Binance and its CEO and founder Changpeng Zhao for alleged infringing activity. According to the CFTC lawsuit, since at least July 2019 until now, Binance has been providing derivatives trading in violation of US regulations. The CFTC deemed the exchange’s compliance program ineffective and merely “pretending to comply”.
It also alleges that under Mr. Zhao’s direction, employees and customers circumvented regulatory compliance controls. The regulator also accused former Director Lim of “abetting” the exchange’s violations.
The lawsuit comes as authorities increase their control over companies in the digital currency sector. For years, US prosecutors and investigators have targeted illegal transactions and non-compliance with regulations to prevent unlawful activities by companies in this sector. However, the government’s control efforts have recently been stepped up more intensely since the catastrophic collapse of FTX late last year.
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