Binance Faces SEC: Key Developments Emerge in Intense Legal Battle

Binance Faces SEC: Key Developments Emerge in Intense Legal Battle

Judge Amy Berman Jackson issues multiple orders clearing pending motions in the Binance vs. SEC lawsuit, including acceptance of Circle as amicus curiae.

Key Takeaways

  • Multiple orders have been signed by Judge Amy Berman Jackson ahead of a vital hearing in the SEC vs. Binance lawsuit.
  • An amicus brief filed by USDC issuer Circle has been cleared, claiming stablecoins are not securities and challenging the SEC’s authority.
  • Binance, along with its CEO “CZ”, seeks to dismiss the lawsuit, asserting the SEC overstepped its jurisdiction.
  • Other crypto entities, like Coinbase, are also striving to nullify lawsuits, resisting the SEC’s influence over the crypto sector.

Binance Vs SEC

As the legal battle between global exchange behemoth Binance and the U.S. Securities and Exchange Commission (SEC) continues to unfold, crucial developments have surfaced ahead of a pivotal hearing scheduled for today, October 12th. Judge Amy Berman Jackson has actively cleared the decks by signing multiple orders, facilitating the resolution of pending motions and welcoming an amicus brief filed by USDC issuer Circle, as the case pivots into a vital stage.

Within the myriad filings from October 11th, it was confirmed that Judge Jackson assented to Circle Internet Financial’s status as amicus curiae, expressing a neutral stance on motions to dismiss the lawsuit from Binance and CEO Changpeng “CZ” Zhao. Circle, a significant player in issuing stablecoins, mounted a claim that such financial instruments are not securities, confronting the SEC’s authority on payment stablecoins and highlighting the legal and pragmatic implications which underscore the SEC’s authority over them.

Per one minute order, any future motion seeking to file an amicus brief must be accompanied by a maximum of two motions to appear pro hac vice, and it must elucidate why the brief would be deemed helpful or necessary, especially if it articulates a position already delineated in previous amicus briefs within this case. An amicus curiae is reminded that participation in oral arguments is contingent upon the court’s permission.

Judge Signs Multiple Orders

Moreover, motions for attorneys Jeremy Gray, Mark W. Rasmussen, Heath P. Tarbert, Eric Tung, and Daniel Kaleba to appear pro hac vice for their respective clients were granted by Judge Jackson. Nonetheless, lawyers or at minimum one member from their firm are mandated to complete CM/ECF training, acquire a CM/ECF username and password, and commit to filing documents electronically.

On their front, Binance, its U.S. arm, and CEO “CZ” Zhao have propelled a motion to dismiss the SEC lawsuit, contending that the regulatory body has trespassed its authority. A spectrum of allegations from the SEC, encompassing the mismanagement of customer funds, misleading of investors and regulators, and violations of securities regulations, hangs in the balance. Simultaneously, other cryptocurrency firms, including Coinbase, are endeavoring to dismiss analogous lawsuits, alleging overreach by the SEC in its attempts to command authority over the cryptocurrency industry.

As this case unfolds, the broader implications for the regulatory landscape of the cryptocurrency industry come under scrutiny. While the SEC alleges various missteps by Binance, the arguments and counterarguments presented during this lawsuit could potentially set precedents for how crypto enterprises navigate the regulatory waters in the future. The scrutiny of stablecoins, in particular, denotes a burgeoning focus area for regulators, and the outcomes of this case may deliver clarity—or further complicate—the role of such assets within the global financial ecosystem.


Furthermore, the actions of other firms like Coinbase hint at a collective resistance within the crypto industry against expanding regulatory overreach, suggesting an emerging, industry-wide legal battle that seeks to define the boundaries of regulatory intervention in decentralized finance. Consequently, the forthcoming developments in the Binance vs. SEC lawsuit will be meticulously observed for the wider ripples they may send through the crypto-legal domain.