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Binance in Court: US Securities and Exchange Commission Determined to Regulate the Crypto Industry

The SEC has targeted twelve altcoins in its lawsuit against Binance, including BNB and other heavyweights such as Solana (SOL) and Cardano (ADA). In the USA, the so-called Howey Test is supposed to provide information about when the SEC is responsible and when it is not. But this test is almost 100 years old and shows weaknesses when used in the crypto industry.

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The US Securities and Exchange Commission (SEC) continues its efforts to strictly regulate the crypto industry. The first hearing has now taken place in their lawsuit against the world’s largest crypto exchange Binance. The outcome of the proceedings is open.

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The crypto year 2024 begins in the USA with the Securities and Exchange Commission (SEC) in the headlines

First, the SEC allowed Bitcoin ETFs after years of blocking them . But just a few days later, the SEC confirmed in a lawsuit against the crypto exchange Coinbase that it was not even considering taking a generally balanced course towards Bitcoin and Co. Now, at the beginning of the week, the world’s largest crypto exchange Binance was the SEC’s opponent. The SEC’s lawsuit from June 2023 was heard in court here for the first time.

Among the process observers was MetaLawMan, who shares his impressions on X. The main topic was once again the SEC’s thesis that most major cryptocurrencies are actually securities and therefore require approval. Binance also has to defend its own cryptocurrency BNB here . The lawyers argue that there are no investment contracts linked to Binance Coin and that the SEC therefore has no jurisdiction.

According to MetaLawMan, Judge Amy Berman Jackson appeared well-prepared and unbiased. Binance had previously failed in its attempt to prevent the lawsuit from being filed in the first place. Like Coinbase, Binance believes that the SEC lacks a political mandate to expand its powers towards the crypto industry. However, this defense strategy apparently has little appeal in the courts.

However, the judge at least cited the first verdict from the SEC’s case against Ripple and XRP from last summer as “well thought out and well founded.” Here the SEC had to accept a severe defeat because the court did not want to classify XRP as a security.

Conclusion: Crypto has become a constant topic for the SEC

The SEC has targeted twelve altcoins in its lawsuit against Binance, including BNB and other heavyweights such as Solana (SOL) and Cardano (ADA). In the USA, the so-called Howey Test is actually supposed to provide information about when the SEC is responsible and when it is not. But this test is almost 100 years old and shows weaknesses when used in the crypto industry.

As the Coinbase proceedings also prove: The judges are entering new legal territory and have not yet taken a consistent line. It is becoming apparent that in 2024 we will often hear about the SEC in connection with the crypto industry.

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(Featured image by Wesley Tingey via Unsplash)

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Valerie Harrison is a mom of two who likes reporting about the world of finance. She learned about the value of investing at a young age upon taking over her family's textile business when she was just a teenager. Valerie's passion for writing can be traced back to working with an editorial team at her corporate job, where she spent significant time working on market analysis and stock market predictions. Her portfolio includes real estate funds, government bonds, and equities in emerging markets such as cannabis, artificial intelligence, and cryptocurrencies.