CFTC slaps lawsuit on Binance, crypto industry looks shaky
CFTC — The crypto market in the United States is in turmoil, with businesses battling with regulators.
Crypto fans in the United States, for example, are not permitted to trade crypto derivatives.
To add salt to the wound, major foreign trading platforms for crypto derivatives are not allowing Americans to trade the instruments.
They may only do so if they are registered with the Commodity Futures Trading Commission (CFTC), a powerful federal regulator.
The CFTC has sued Binance, the world’s most renowned cryptocurrency exchange, for trading items without first registering with the agency.
Binance allegedly considered bailing out its competitor exchange FTX in November 2022.
Nevertheless, after closely watching the exchange platform, Binance withdrew, avoiding a major government fraud probe into FTX.
What happened?
The CFTC charged Binance and its CEO, Changpeng Zhao, with violating US laws.
Among the alleged infractions is privately counseling “VIP” clients residing in the US on how to avoid compliance laws.
The commission also oversees derivatives trading in the United States.
Binance and Zhao, according to the CFTC, directed staff and consumers to circumvent compliance safeguards in order to enhance business profits.
The CFTC lacks the authority to file criminal charges.
But, the regulator can demand large fines, which might prevent Binance from registering in the US in the future.
The prospective ban might be devastating for the corporation, as the United States is home to hundreds, if not millions, of cryptocurrency fans.
The response
Binance stated that the lawsuit was unexpected and disappointing when the news broke.
The business emphasized that it has made considerable expenditures in the last two years to ensure that US-based investors are not active on the platform.
After the lawsuit was announced on Monday, Zhao tweeted the number 4, referring to a prior comment he made:
“Ignore FUD, fake news, attacks, etc.”
FUD is a frequently used acronym in the crypto field that stands for “fear, uncertainty, and doubt.”
Binance contended for years that it was not subject to US regulations since it did not have a physical presence in the country.
Although being based in China, the crypto trading platform does not have a physical headquarters.
Changpeng Zhao claims that the company’s headquarters are wherever he is.
According to the CFTC’s lawsuit, Binance’s method was an intentional attempt to circumvent regulation.
Read also: Nvidia executive dismisses crypto
The bigger picture
The CFTC’s case may be a setback for Binance, but it has broader implications for the cryptocurrency industry.
Yet, the case is not as significant as everything else that transpired in 2022.
The FTX bankruptcy, for example, caused a domino effect throughout the crypto industry, prompting enterprises and projects exposed to the corporation to either freeze or shut down.
Terra/Luna also underwent a breakdown, causing the value of crypto assets and NFTs to plummet.
Nonetheless, the Terra/Luna problem has seen major advances in 2023.
Prices for the two main cryptocurrencies, Bitcoin and Ethereum, plummeted by more than 3% on Monday, which was a normal day for crypto trading.
Worst-kept secret
The CFTC’s case is most notable for naming one of its worst-kept secrets in cryptocurrency.
Consumers in the United States have extremely easy access to hazardous offshore crypto derivatives that should be forbidden.
Because crypto derivatives are leveraged wagers on extremely volatile assets, anybody with a VPN may access them.
While this approach is simple, it is strongly discouraged.
The endgame
According to Blockchain Intelligence Group crypto compliance and regulation specialist Timothy Cradle, the most likely consequence is that Binance will pay hundreds of millions of dollars in fines to the CFTC.
In addition, the business would be barred from registering derivatives exchanges.
The move would not only be devastating for US consumers, but it would also affect a large chunk of Binance’s earnings.
According to the complaint, American consumers generate 16% of the income for Binance’s derivatives products.
Other regulators
The Monday announcement only increases regulatory pressure on one of cryptocurrency’s most famous figures.
According to Bloomberg, the US Revenue Agency and the Securities and Exchange Commission are also looking into Binance.
The SEC issued a Wells Notice to Coinbase, one of the largest US-listed crypto exchanges, last week for suspected securities law breaches.
Silvergate and Signature Bank, two important linkages to the conventional banking sector, were lost to the crypto business in early March.
Image source: Jones Day