Binance counters SEC’s Terra lawsuit claims in court filing


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  • Binance and Binance.US have filed a joint response to the SEC’s use of the Terra lawsuit as a supplemental authority in their ongoing legal battle.
  • The defense argues that the SEC’s reliance on the Terraform lawsuit is irrelevant and should not influence the current case.
  • Binance challenges the SEC’s interpretation of the Howey Test and its application to digital assets, particularly in the Terraform case.

The defense has mounted a significant rebuttal in the ongoing legal confrontation between the U.S. Securities and Exchange Commission (SEC) and cryptocurrency exchange giants Binance and Binance. US. The focal point of their argument is the SEC’s attempt to draw parallels between this case and the Terraform Labs litigation. Binance’s legal team has vehemently opposed the SEC’s interpretation, stating that the Terraform case should not influence the current proceedings.

The SEC has referenced the Terraform lawsuit to substantiate their claim that certain digital assets are securities as defined by the Howey Test. Binance, however, insists that this comparison is flawed. The defense argues that the SEC’s application of the Howey Test in the Terraform case is misinterpreted, particularly in investment contracts and the division of investment transactions across multiple contracts.

Binance’s stance on digital assets and securities law

In a recent legal filing, Binance and its co-founder Changpeng “CZ” Zhao have clarified that they view the SEC’s arguments as an overreach. The defense highlights that the SEC’s stance on digital assets, particularly regarding BUSD (Binance USD), directly conflicts with the Commodity Futures Trading Commission’s (CFTC) classification of the same as a commodity. This contradiction is central to Binance’s argument against the SEC’s claims.

Furthermore, Binance has challenged the SEC’s perspective on staking services. According to the exchange, these services do not promise returns but provide access to blockchain consensus mechanisms. This point is crucial in distinguishing staking services from traditional securities, which typically involve a promise of profit.

Regulatory implications and the future of digital assets

The ongoing case also touches upon broader regulatory issues, such as the scope of Regulation S. Binance argues that Regulation S, which offers a safe harbor for offshore securities offerings, should not be used to determine the extraterritorial application of U.S. securities laws. This aspect of the case underscores the complexities of applying traditional securities law to the evolving landscape of digital assets.

The outcome of this case is expected to have significant implications for the cryptocurrency industry, particularly in terms of how digital assets are classified and regulated in the United States. As the legal battle continues, the crypto community and regulatory bodies closely watch how traditional legal frameworks are adapted to govern the rapidly evolving world of digital currencies.

The court’s decision in this matter could set a precedent for future cases involving digital assets and their classification under securities law. As the industry grows and evolves, the need for clear regulatory guidance becomes increasingly important, making this case a critical point of reference for stakeholders in the crypto space.

Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision.

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Mutuma Maxwell

Maxwell especially enjoys penning pieces about blockchain and cryptocurrency. He started his venture into blogging in 2020, later focusing on the world of cryptocurrencies. His life's work is to introduce the concept of decentralization to people worldwide.

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