Binance faces US court again over crypto securities allegations


  • The Second Circuit Court of Appeals has revived a lawsuit against cryptocurrency exchange Binance, offering investors a new chance to pursue their claims.
  • The lawsuit, initiated in April 2020, alleges that investors purchased securities from Binance, including various ERC-20 tokens.
  • A lower court’s dismissal, based on the statute of limitations and Binance’s lack of substantial U.S. ties, was overturned by the appellate court.

The Second Circuit Court of Appeals has given a group of investors a new opportunity to pursue their lawsuit against the cryptocurrency exchange Binance. The court reversed a previous decision by a lower court, which had dismissed the case. This lawsuit, initiated in April 2020 by crypto investors, centers on allegations that they purchased securities from Binance, including various ERC-20 tokens.

The appellate court’s decision challenges the earlier ruling by Judge Andrew Carter of the Southern District of New York. Judge Carter dismissed the lawsuit on the grounds that it had been filed after the statute of limitations had expired. He also stated that Binance did not qualify as a domestic exchange under U.S. federal securities laws due to its lack of substantial ties within the United States.

Binance lawsuit gets a second chance in court

The appeals court found that the plaintiffs had “plausibly alleged” that the transactions in question were completed on servers located in the U.S. It also highlighted that the plaintiffs accessed Binance’s services from within the country. This finding addresses the critical issue of whether transactions involving digital assets, purported to be securities, can be considered domestic transactions subject to U.S. federal securities laws.

The court also revisited the issue of the statute of limitations. It clarified that the clock for the statute of limitations started when the plaintiffs purchased the tokens, which was within a year of filing the lawsuit. This aspect of the ruling emphasizes the timing of legal actions in the context of digital asset transactions.

Next steps for the lawsuit

The decision to revive the lawsuit does not conclude that the tokens involved are securities. Instead, it allows the case to return to the district court, where both parties can present arguments regarding the nature of these digital assets. This stage will be crucial in determining the applicability of federal securities laws to the tokens in question.

Binance, which has the option to appeal the decision to the U.S. Supreme Court, has not yet responded to requests for comment. The outcome of any potential appeal or the subsequent proceedings at the district court level, will be closely watched. It could have far-reaching implications for the regulatory landscape of digital assets in the United States.

The lawsuit’s progression underscores the evolving nature of legal and regulatory challenges in the cryptocurrency space. It also highlights the judiciary’s role in clarifying the application of existing laws to new forms of digital transactions. As the case moves forward, it will likely contribute to the ongoing dialogue about the regulation of cryptocurrencies and digital assets.

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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