Tuesday, November 5, 2024

Binance.US request for protective order against SEC goes to magistrate judge

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A federal judge overseeing the civil case between america Securities and Change Fee (SEC) and cryptocurrency change Binance, Binance.US and Binance CEO Changpeng Zhao has ordered a movement for a protective order to go to a magistrate judge.

In an Aug. 16 submitting within the U.S. District Courtroom for the District of Columbia, Judge Amy Berman Jackson mentioned she could be referring a movement for a protective order against the SEC filed by attorneys for Binance.US to Magistrate Judge Zia Faruqui for a decision. Binance.US’ authorized staff filed the motion on Aug. 14, claiming on the time the order was obligatory to shield the agency from the SEC’s “fishing expedition” throughout discovery.

Prior to Jackson’s ruling, former SEC Web Enforcement Chief John Reed Stark took to X (previously Twitter) to speculate the matter could be referred to a magistrate judge forward of any authorized or public pushback from the fee. On the time of publication, the SEC had not filed any motions in response to Binance.US’ request.

“Although each case is totally different, in most giant monetary investigations and civil enforcement actions, the SEC’s request for paperwork, testimony, depositions, interrogatories, and so forth. sometimes ask for a bit an excessive amount of info,” mentioned Stark. “Alongside the identical strains, the defendant sometimes asks for a bit an excessive amount of by means of a protective order.”

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The crux of the order was primarily based on the SEC requesting info from Binance.US associated to the custody, safety and availability of person belongings. The agency has claimed the knowledge was not related to the SEC’s case, which was filed in June over alleged unregistered securities choices.

Binance and Zhao face a lawsuit from the Commodity Futures Buying and selling Fee, for which they filed motions to dismiss in July. The worldwide change can be reportedly under investigation by the U.S. Division of Justice for allegedly permitting Russian entities to use its platform.

Journal: Crypto regulation: Does SEC Chair Gary Gensler have the final say?