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Binance Files for Protective Order Against SEC, Seeks to Limit Regulator’s Request for Information

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BAM Trading, Binance US' operating company, and BAM Management said in a court filing the group had already provided sufficient information to the regulator.
By Reuters | Updated: 16 August 2023

Crypto exchange Binance late on Monday filed for a protective court order against the US Securities and Exchange Commission, saying the regulator’s requests for information were “overbroad” and “unduly burdensome.”

BAM Trading, Binance US’ operating company, and BAM Management in a court filing in the US District Court of Columbia said the group had already provided sufficient information to the regulator.

The protective order seeks to limit the SEC, among other things, to four depositions from BAM employees and to drop the deposition of BAM’s chief executive and of its chief financial officer, without naming anyone.

Binance did not immediately respond to a request for comment, while the SEC declined to comment.

US regulators sued Binance and CEO Changpeng Zhao in June for allegedly operating a “web of deception,” listing 13 charges including claims the company artificially inflated its trading volumes, diverted customer funds, failed to restrict US customers from its platform and misled investors about its market surveillance controls.

“The SEC has still yet to identify any evidence suggesting that customer assets were misused or dissipated in any way,” the filing said.

The SEC has declined BAM’s proposals to meaningfully limit its requests and is opposed to the motion for a protective order, the filing said.

Binance has had its share of run-ins with US regulators this year. Back in July, Binance and CEO Zhao filed a motion to dismiss a complaint against the cryptocurrency exchange by the US Commodity Futures Trading Commission (CFTC).

The CFTC sued Binance, Zhao, and former Chief Compliance Officer Samuel Lim in March, alleging they violated the Commodity Exchange Act and certain related federal regulations, and for operating what the regulator said was an “illegal” exchange and a “sham” compliance program.

© Thomson Reuters 2023