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SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

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Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#241

Earlier quoted context omitted.

If he's outside the US and the country he is in had an extradition treaty with the US, but has no comparable law in the books, wouldn't that impede extradition?

That didn't stop Montenegro from finding some other probable causes (fake passports) to arrest Do Kwon. They are now trying to decide where to extradite him. US, South Korea and Singapore all want a piece of him. https://www.rferl.org/a/montenegro-korea-kwon-terraform/3234...

> some other probable causes (fake passports)

Forging passports is a serious crime.

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#242

Earlier quoted context omitted.

Putting this here in case it's useful. Please correct if it's wrong. What is the Howey test for whether something is a security? """ The Howey Test asks whether a transaction constitutes an "investment contract," which is a type of security. If it is an investment contract, it must satisfy four criteria: It is an investment of money. The investment is in a common enterprise. There is an expectation of profits from th…

Interesting. I'd answer those questions as "Yes. No. Maybe. No." So definitely not a security. 1. Is cryptocurrency an investment of money? Obviously yes, at least in the sense you have to spend money to purchase or mine it. 2. Is cryptocurrency investment in a common enterprise? No. What enterprise? Common with who? Maybe if it's a token issued by a company or something and tied to their profits somehow, but that do…

2: The more people buy and hold Bitcoin, the more valuable it becomes.

I asked ChatGPT about the definition of common enterprise:

The 7th and 2nd Circuits use a "horizontal commonality" test, where a common enterprise is found if the profits of the investors are interdependent - i.e., if the success of the enterprise is tied to the success of other investors. Essentially, the investors' funds are pooled and they share in the profits and losses.

3: Overwhelming majority of people who buy gold buy it as a hedge against inflation. In the past 5 years everyone I personally know who has bought cryptocurrency was expecting it to increase massively in value (expecting profit). 4: There have been a huge amount of cryptocurrency pump and dump stories where the promoters have benefitted immensely. In those cases it seems pretty clear that those are securities. In fact pretty much anything that isn't a top-2 coin at this point is subject to this sort of behavior from what I've seen.

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#243

Earlier quoted context omitted.

> Intentionally broke the law... It's not like there are much laws regulating cryptocurrency markets in the US to begin with. That's the whole point why most crypto companies avoid the US: random enforcements != clarity But I'm really curious to see whether a large country (e.g. China) or countries union (e.g. EU) is going to provide enough clarity and security as to move the innovation elsewhere from the US.

Bullshit. There are plenty of laws, just none specifically tailored to what the crypto companies would like. So, no _new_ laws. They still have to follow the old ones. Not outright breaking them, emailing each other about how much you are breaking them, making memes about how much you are breaking them - yeah, that tends to be pretty well covered.

Which laws are you talking about? The way the SEC is designing some coins as security, while ignoring others is remarkably laughable. The thing is, they clearly don't have a clue. Like, tagging BUSD, a stablecoin as a security, is truly the cherry on the cake.

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#244
post #156

Earlier quoted context omitted.

Easy agree. There are all kinds of things you can do with money that should be (and are) illegal. Hiring a hitman should be illegal. Buying slaves should be illegal. Bribing the court system should be illegal. This is not to say that every restrictions is justified, but taking the stance that no restrictions are justified is advocating anarchy.

An essential point to bear in mind in these crimes: each one involves a victim who is, crucially, not a willing participant. People who participate in buying or selling cryptocurrency are willing participants.

> Bribing the court >> each one involves a victim who is, crucially, not a willing participant. People who participate in buying or selling cryptocurrency are willing participants.

The corrupt judge and barrister are very much willing. The negative effect is borne by a third party. Same with crypto. The buyer and seller are happy as can be. Then the rest of us have to pay to investigate, extradite, charge and liquidate Bankman-Fried and FTX.

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#245

Earlier quoted context omitted.

My theory is that Binance execs were having these chats in an encrypted medium (e.g. WA or Signal) but didn't secure themselves against a defector. I think someone on the inside took screenshots and went to the feds (or started cooperating under legal pressure). There's even a leading candidate [0]. What's funny about this is it's a fine metaphor for what ails crypto as a whole. The technology is cryptographically se…

> but didn't secure themselves against a defector Still a surprisingly amateur move. Once worked for the Federal Government where literally everything you write is potentially subject to a FOIA request. The message all new hires were told was, very clearly: "Never put anything into writing you wouldn't be happy to be see published on the front page of the Washington Post" Anything that was even vaguely close to faili…

I’ve heard this referred to as the “green eggs and ham test” for written communication. [0]

>Would you like this in the press?

>Would you like this at Brand X?

>Like to read it on the stand?

>Like it in the government's hand?

[0]: https://www.legalethicsforum.com/blog/2006/12/over_at_white_...

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#246

Earlier quoted context omitted.

My theory is that Binance execs were having these chats in an encrypted medium (e.g. WA or Signal) but didn't secure themselves against a defector. I think someone on the inside took screenshots and went to the feds (or started cooperating under legal pressure). There's even a leading candidate [0]. What's funny about this is it's a fine metaphor for what ails crypto as a whole. The technology is cryptographically se…

> but didn't secure themselves against a defector Still a surprisingly amateur move. Once worked for the Federal Government where literally everything you write is potentially subject to a FOIA request. The message all new hires were told was, very clearly: "Never put anything into writing you wouldn't be happy to be see published on the front page of the Washington Post" Anything that was even vaguely close to faili…

Right but in court the failure to keep adequate records may mean that the judge may rule that the absence of records is evidence of guilt. I think Google is facing this issue specifically.

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#247

I can't see this enforcement spree by the SEC as anything other than malicious when Gensler himself said that 3/4ths of the market is not securities in 2018. https://twitter.com/ZK_shark/status/1650689125580668931 Yes this was before he was head of the SEC, but the fact that this was going on right out in the open for 10 years and the SEC took exactly no action tells me that the entire agency shared this opinion too.…

Does this somehow mean that in 2023 3/4ths of the market is still not securities?

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#248
post #78

Earlier quoted context omitted.

sarcasm and hyperbole soon to become illegal. thanks. good work.

Does the context that it was written by the chief compliance offer in a work email make any difference? Should people be held to account for what they express at any time, or is “sarcasm” a valid cover your ass for any situation?

Can't wait for a CEO to announce that their child labor was "Just a prank bro"

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#249
post #58

Earlier quoted context omitted.

I get why you would say something like that in astonishment. By why would you ever send that out over a medium that'll leave a paper trail? Thank goodness that criminals aren't very smart. Their idiocy is doing society a huge favor.

Oh that's easy- this was the compliance officer, and by showing that he raised concerns over this he may be able to claim that he did his job as best he could under the circumstances. I'd need to see the rest of the context, but this could very well be a "cover your ass" message. Imagine if you're a security officer at a company and were just overridden on a decisions- you'd definitely want to shoot off an email desc…

If you're covering your ass, you write something with cautious "could be interpreted as..." wording that distances yourself from it, not "we're doing a fking crime bro!"

Re: SEC Sues Binance and CEO Zhao for Breaking US Securities Rules

#250
post #236

Earlier quoted context omitted.

The burden is on SEC to prove these allegations. If they took YOU to court, calling YOU a thief, you would expect the burden to be on them, right?

Yes of course. That is why I used the word "alleged". My point stands, the SEC is not going after Binance just for "being above board but not getting the right license".

The SEC has done nothing in good faith with regards to crypto in the last 8 years.
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