Coinbase Aims for Crypto Crown as Binance Stumbles

With the U.S. government cracking down on Binance, slapping the world’s largest cryptocurrency exchange with $4.3 billion in fines and forcing its maverick founder Changpeng “CZ” Zhao to relinquish control, arch-rival Coinbase sees an opening to reclaim market share by playing the role of the “good guy” traded on Wall Street.

Coinbase shares have jumped some 18% over the past week to around $118 as CEO Brian Armstrong asserted last Tuesday’s settlement finally “closes that chapter of crypto’s history” in which Binance flouted global regulations while handling over $15 trillion in trades since 2017. By contrast, Armstrong now aims to position Nasdaq-listed Coinbase as the compliant, institutional exchange best positioned to capitalize on the crypto industry’s shift toward greater oversight.

“Building a company offshore, skirting regulation, it’s just not going to work,” Armstrong told CNBC, taking a shot across the bow of both Binance as well as consumers who transacted on the exchange drawn by its swift listings of new – often risky – digital assets. With federal agencies now policing crypto’s “Wild West” era, Armstrong wants to reassure investors that Coinbase will work hand-in-hand with authorities, supporting his belief that crypto can operate by the same rules as traditional finance.

Whether such harmony emerges remains clouded by legal issues confronting Coinbase itself, including an ongoing SEC lawsuit filed last June. While Armstrong feels “very good” about Coinbase’s defense and his aim is full regulatory clarity, such certainty seems distant given bitcoin’s recent plunge marking another crypto winter. Nonetheless, the humbling of the industry’s one-time dominant exchange gives his company a momentary edge.

Binance’s astronomical rise represented a meteoric challenge to Coinbase’s early market supremacy following its 2012 launch and 2017 debut on public markets weeks before bitcoin hit a historic peak near $20,000. Former Bloomberg programmer and Tokyo Stock Exchange developer Changpeng Zhao founded Binance in Shanghai in 2017, developing technical capabilities allowing it to scale at warp speed by listing new cryptocurrencies faster than cautious Coinbase.

With an opaque corporate structure based initially in Asia and subsequently the Cayman Islands, Binance also dodged oversight as global regulators sounded alarms. But its explosive growth quickly afforded Zhao celebrity status as one of crypto’s biggest whales and most vocal proselytizers. Meanwhile, to keep pace with its insurgent rival now commanding the majority of trading volumes, Coinbase rushed to expand its offerings but continued adhering to compliance standards in order to maintain institutional investor confidence.

Yet as U.S. authorities targeted Binance last year with a series of harsh punitive actions, momentum swung back toward its compliant competitor. Both the CFTC and SEC ultimately launched suits against Zhao’s exchange for allegedly violating investor protection statutes, culminating in extensive settlement terms compromising Binance’s autonomy going forward. With its renegade era under CZ seemingly finished, Armstrong aims to leverage Coinbase’s head start collaborating openly with financial watchdogs.

Despite his bravado about closing an ignominious chapter for crypto, Armstrong must still confront lingering suspicions from regulators like the SEC about whether any exchanges can provide adequate investor protections around highly speculative digital assets. Coinbase itself has fought SEC assertions that it facilitated unregistered securities trades.

While the two suits differ, both target core business models questioning whether current legislation written before crypto’s advent can properly govern such technologies. Beyond exacting large fines, authorities want to slow crypto trading – putting platforms like Coinbase and Binance in an existential vice grip complicated by token assets’ fluctuation between currency and security classifications.

How Congress and agencies like the SEC ultimately delineate acceptable crypto activity under existing statutes or new legislation could determine which exchanges remain standing. Ironically victories could stem as much from legal ingenuity as technology innovation. But with Binance at least temporarily defanged, Coinbase remains well positioned to shape crypto’s second act blending Wall Street’s institutional trust with Silicon Valley’s disruptive daring.

Clearly the crypto landscape entering 2024 stands on shifting sands, clouded by bitcoin’s swoon, regulatory turbulence and possible global recession. Yet should pioneer blockchain currencies and exchanges somehow emerge resilient, Coinbase sits ready to seize the market share boon a humbled Binance left on the table. After years sparring in crypto’s octagon, this match’s decision appears nearer – though mainstream adoption stays stubbornly out of reach.

Binance CEO Pleads Guilty to Money Laundering

In a watershed moment for cryptocurrency oversight, Changpeng Zhao, billionaire founder of crypto exchange Binance, pleaded guilty on Tuesday to charges related to money laundering and sanctions violations. Binance itself also pleaded guilty to similar criminal charges for failing to prevent illegal activity on its platform.

The guilty pleas are part of a sweeping, coordinated crackdown on Binance by U.S. law enforcement and regulators. As part of the settlement, Binance agreed to pay over $4 billion in fines and penalties to various government agencies. Zhao himself will personally pay $200 million in fines and has stepped down as CEO.

The implications of this development on the broader crypto sector could be profound. As the world’s largest crypto trading platform, Binance has played an outsized role in the growth of the industry. Its legal troubles and the record penalties imposed call into question the viability of exchanges that flout compliance rules in the name of rapid expansion.

Prosecutors allege that Binance repeatedly ignored anti-money laundering obligations and allowed drug traffickers, hackers, and even terrorist groups like ISIS to freely use its platform. According to the Department of Justice, Binance processed transactions for mixing services used to launder money and facilitated over 1.5 million trades in violation of U.S. sanctions.

U.S. authorities were unequivocal in their criticism of Binance’s focus on profits over meeting regulatory requirements. This suggests that other exchanges that aggressively pursued growth while turning a “blind eye” to compliance may face similar crackdowns in the future. The $3.4 billion civil penalty imposed on Binance also sets a benchmark for potential fines other non-compliant entities may confront.

The charges against the world’s largest crypto exchange and its high-profile leader represent federal authorities’ most aggressive action yet to rein in lawlessness in the cryptocurrency industry. Officials made clear they will continue targeting crypto companies that break laws around money laundering, sanctions evasion, and other illicit finance.

More broadly, CZ’s guilty plea underscores the pressing need for sensible guardrails if crypto is to shed its reputation as primarily facilitating illegal activity. Though blockchain technology offers many potential benefits, its pseudonymous nature makes it vulnerable to abuse by criminals and terrorists financing unless exchanges rigorously verify customer identities and the source of funds.

For the wider crypto sector, the Binance takedown may spur valuable change. Many experts argue overly lax regulation allowed crypto exchanges to ignore Anti-Money Laundering rules other financial institutions must follow. The billion-dollar penalties against Binance could convince the industry it’s cheaper to self-regulate.

The Binance case may accelerate calls for a regulatory framework tailored to the unique risks posed by cryptocurrencies. Rather than stifle innovation in this nascent industry, thoughtful policies around KYC, anti-money laundering, investor protections and other issues could instill greater confidence in cryptocurrencies among mainstream investors and financial institutions.

Of course, because cryptocurrency transactions are pseudonymous, crypto will likely remain appealing for certain unlawful activities like narcotics sales and ransomware. But with Binance’s guilty plea, regulators sent the message that flagrant non-compliance will not fly. Exchanges allowing outright criminal abuse may face existential legal threats.

For exchanges determined to operate legally, the Binance debacle highlights the existential risks of non-compliance. No matter how large or influential, exchanges that refuse to meet their regulatory responsibilities risk jeopardizing their futures. Expect most exchanges to immediately review their KYC and AML policies in the wake of the Binance penalties.

At minimum, the charges will likely damage Binance’s reputation. Although the company remains operational, it could lose market share to competitors perceived as more law-abiding. For crypto investors, the uncertainty and loss of trust surrounding such a dominant player create fresh volatility in already turbulent markets.

Perhaps most profoundly, seeing handcuffs slapped on crypto’s one-time “king” punctures the industry’s former aura of impunity. After the Binance takedown, ongoing federal probes into FTX and other exchanges, and Sam Bankman-Fried’s criminal conviction, crypto fraudsters might finally fear the consequences many avoided for so long. For better or worse, crypto is evolving.

SEC Charges Against Binance and Binance’s Sharp Response

Gary Gensler’s SEC  Files 13 Charges Against Changpeng Zhao and His Company Binance

In a pair of press releases, one from the Securities and Exchange Commission, and the other from Binance, the world’s largest cryptocurrency exchange, there were charges, allegations and answers fired back and forth. The SEC named the founder and CEO of Binance, Changpeng Zhao as a defendant in the suit. Binance quickly shot back how disappointed Binance is that 13 complaints were filed against the company.

Allegations

The SEC press release indicates that they are suing Binance and founder Changpeng Zhao for misusing customers’ funds and for diverting funds to a trading entity that Zhao controlled called Sigma Chain. It further charges Sigma Chain for engaging in fraudulent trading that made Binance’s volume appear larger than it actually was.

Among the charges, Binance is also supposed to have concealed that it commingled billions of dollars in customer assets, sending them to a third-party, Merit Peak, which was owned by Zhao.  

The SEC filed the case in federal court in the District of Columbia. Binance engaged in “blatant disregard of the federal securities laws and the investor and market protections these laws provide,” the regulator wrote in its court complaint.

Source: SEC.Gov

Binance Response

Binance said in a written statement that it intends to defend its platform and denied allegations that user assets on the Binance.US platform were ever at risk. “All user assets on Binance and Binance affiliate platforms, including Binance.US, are safe and secure, and we will vigorously defend against any allegations to the contrary,” the company said. Binance.US also said it would defend itself against the litigation.

Source: PRNewswire

Binance alleges that because of their size, they are a target for the US regulator. The company expressed concerns through a press release that despite cooperating with the SEC, that a reasonable amount of time was not given on the most recent 26 different requests, and that they may have been intentionally burdensome. Binance said that despite its willingness to do whatever was necessary to address the US regulator’s concerns and take whatever reasonable steps they could, the SEC would not share any evidence it might have regarding its purported concerns, and the SEC rejected attempts at engagement, instead going straight to court. “It is now clear to us that the SEC’s goal here was never to protect investors, as the SEC has claimed—if that were indeed the case, the SEC would have thoughtfully engaged with us on the facts and in our efforts to demonstrate the safety and security of the Binance,” according to a company statement.

Channelchek will continue to follow and report on major news impacting this case and others of interest to the investment world. Various sources indicate that there does not appear to be any type of a run by customers from Binance, there are some reports that it is business as usual. Register here to receive our daily emails.

Paul Hoffman

Managing Editor, Channelchek

 Will the Binance Legal Action Crown the CFTC as the Crypto-Police

Image Credit: CoinDesk (Flickr)

What Binance’s US Lawsuit Says About the Future for Cryptocurrency Regulation

The world’s largest cryptocurrency exchange, Binance, has been hit with a lawsuit by US regulator the Commodity Futures Trading Commission (CFTC). This is not the first time a cryptocurrency exchange has been charged by a regulator. But this particular case involves a regulator that does not directly oversee cryptocurrencies. This indicates how regulators – particularly those in the US – hope to clamp down on the cryptocurrency industry.

The CFTC’s lawsuit alleges that Binance violated US derivatives laws by offering its derivative trading services to US customers without registering with the right market regulators. It says Binance has prioritised commercial success over regulatory compliance.

The CFTC has also levied charges against Binance’s founder and CEO, Changpeng Zhao (known as CZ) and former chief compliance officer Samuel Lim. They are charged with taking steps to violate US laws, including directing US-based “VIP customers” to open Binance accounts under the name of shell companies. The regulator has pointed to chat messages as evidence of CZ and Sim’s knowledge of various criminal groups using the exchange.

People visit Binance nearly 15 million times a week to trade on the over 300 cryptocurrencies it offers in more than 1,600 different markets. CZ is an outspoken advocate for cryptocurrencies and regularly tweets about the industry and his company. He even tweeted a link to his initial response to the recent CFTC charges, which he called “unexpected and disappointing”. Promising full responses in due time, he said:

Upon an initial review, the complaint appears to contain an incomplete recitation of facts, and we do not agree with the characterization of many of the issues alleged in the complaint.

Last year CZ’s tweets arguably contributed to the collapse of FTX, one of his company’s main rivals. Binance saw its market share grow following FTX’s collapse.

So, this charge – against not only a crypto giant but also the company of an outspoken industry advocate – has created further upheaval in a market that has already suffered multiple crises in the last year. Investors withdrew a reported US$1.6 billion (£1.3 billion) from Binance within days of the CFTC’s announcement of its charges. These outflows could continue if US regulators tighten their squeeze on crypto companies further, causing major players like Binance to shift focus to other jurisdictions.

Creeping Oversight

The CFTC aims to “protect the public from fraud, manipulation, and abusive practices related to the sale of commodity and financial futures and options, and to foster open, competitive, and financially sound futures and option markets”. Previous actions by this regulator in 2021 against Tether and Bitfinex resulted in major fines and a loss of credibility for the crypto industry.

But a statement published at the time by one of the CFTC’s five commissioners, Dawn Stump, pointed out that the CFTC doesn’t actually have responsibility for regulating cryptocurrencies. She warned that these fines might “cause confusion about the CFTC’s role in this area”. She said the action was based on defining stablecoins (a type of cryptocurrency) as a commodity, but: “we should seek to ensure the public understands that we do not regulate stablecoins and we do not have daily insight into the businesses of those who issue such”.

These latest charges against Binance focus on its activities in derivatives – financial contracts that are linked to the value of an asset such as oil or, in this case, cryptocurrencies. This is a market the CFTC does regulate.

Another US financial regulator, the Securities and Exchange Commission (SEC), has also been ramping up its crypto oversight activities. As well as focusing on the Initial Coin Offering market, it saw a 50% increase in enforcement actions against digital asset companies last year compared to 2021.

Crypto Market Changes

So, Binance is up against two powerful US financial regulators. Some experts have warned that “significant regulatory action could prompt Binance to increasingly shift its business operations beyond the United States”. Certainly, the fact that Binance held a 92% share of the crypto market at the end of 2022 means it facilitates many transactions and offers a lot of liquidity to traders around the world, including in the US.

A trader’s capacity to find competitive prices when buying and selling, as well as sources of liquidity (or other people to trade with) would be affected by the loss of or pull back of one of the world’s top ten crypto exchanges. This would be bad news for retail and institutional investors who could be confronted with a smaller and potentially more expensive market as a result.

And even if the complaints and investigations by the CFTC and SEC take a while to conclude, as is likely, the US legislature may step in before that. A report published by the Financial Times days after the CFTC announcement alleges that Binance has hidden links to China for many years. A statement issued by the the exchange to the FT said this is not “an accurate picture of Binance’s operations” and that the paper’s sources were “citing ancient history (in crypto terms)”.

But recent actions against Chinese tech company Huawei and social media platform Tiktok indicate political leaders are keen to crack down on Chinese companies’ access to US technology systems and customer data. So any similar concerns could lead US politicians to start acting in this area as well.

This article was republished with permission from The Conversation, a news site dedicated to sharing ideas from academic experts. It represents the research-based findings and thoughts of Andrew Urquhart, Professor of Finance & Financial Technology, ICMA Centre, Henley Business School, University of Reading and Hossein Jahanshahloo, Assistant Professor in Finance, Cardiff University.