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Binance might strengthen its protection towards the US Securities and Change Fee (SEC) by drawing on an unrelated case.
On April 26, Binance and associated events filed a authorities doc from an unrelated case towards Mango Markets exploiter Abraham Eisenberg, who was convicted by a jury on April 18.
The federal government’s argument
Binance’s protection crew drew consideration to a particular paragraph by which the US authorities expressed its place on whether or not a specific stablecoin, USDC, is a safety.
On behalf of the US authorities, lawyer Damian Williams acknowledged that there “is not any factual foundation for treating USDC as a safety,” including that “holders of USDC don’t anticipate income from the token” due to its ties to the US greenback.
The argument closed off a attainable exception that might stop classifying MGNO Perpetuals, that are based mostly on the worth of USDC, as a combined swap.
The argument aided authorities prosecutors within the Eisenberg case however may benefit defendants dealing with securities violations in different instances, equivalent to Binance.
Limitations of the argument
The relevance of the case might have limits. The SEC has charged Binance with varied securities violations, however every case focuses on completely different choices.
Moreover, the newest submitting is barely related to the SEC’s civil securities go well with towards Binance Holdings Restricted, its former CEO Changpeng Zhao, and associated firms. It doesn’t pertain to a legal case by which Zhao has pleaded responsible and awaits sentencing.
The Eisenberg case might additionally assist defendants in different securities instances, together with Coinbase, for related causes. The SEC initiated lawsuits towards Coinbase and Binance simply days aside in June 2023, and it has superior varied different fits towards different exchanges, together with Kraken in November 2023.
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