Binance says that DOJ settlement lacks relevance in SEC case as it moves for dismissal

Binance says that DOJ settlement lacks relevance in SEC case as it moves for dismissal

Dec. 14, 2023

By Mike Dalton

Binance submitted two key filings on Dec. 12 in an ongoing case previously launched by the the U.S. Securities and Exchange Commission (SEC).

Binance’s first filing moves to dismiss the case that the SEC launched against its companies and its former CEO Changpeng Zhao in June.

The filing asserts that the SEC has not plausibly alleged that various Binance tokens and services are securities or investment contracts.

It also asserts that the SEC’s specific claims around Binance’s BNB token are time-barred, meaning that offerings of the asset occurred outside of the U.S. or the SEC’s charges are untimely. Furthermore, the filing alleges that claims around certain Binance.com transactions, including BNB Vault and Simple Earn, aim to apply securities law outside of the U.S. in a way that is not permissible.

Binance’s filing additionally asserts that the SEC’s failure to provide fair notice about its securities claims compels dismissal of the lawsuit.

Finally, the filing asserts that complaints against Zhao should be dismissed due to lack of personal jurisdiction. According to defense lawyers, Zhao’s role in controlling Binance is not solely sufficient for jurisdiction, and the SEC has failed to allege that Zhao had contact with U.S. users in a way that is relevant to the case.