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DOJ unveils extensive monitorship over Binance operations

cointelegraph.com 09-12-2023 09:33 2 Minutes reading
Binance's new compliance obligations include cooperation to grant U.S. authorities access to all documents, records and resources upon request. Binance compliance commitments with the United States Department of Justice (DOJ) were unsealed on Dec. 8, revealing a significant government oversight of the crypto exchange operation and business activities. In an analysis shared on X (formerly Twitter), John Reed Stark, a former Securities and Exchange Commission (SEC) official, classified the "exhaustive list" of Binance's new compliance commitments as a "consulting firm's wish list" that will likely shut down the platform. Binance's new obligations are described in an 11-page document and include cooperation to grant authorities access to documents, records and resources at their request, including access to information related to its "former employees, agents, intermediaries, consultants, representatives, distributors, licenses, contractors, suppliers, and joint venture partners," noted Stark. Several sections of the DOJ's criminal division will closely monitor the exchange's activities, including the section for money laundering and asset recovery; the section for national security; the section for counterintelligence and export control; and the office for the Western District of Washington's United States Attorney. Previously disclosed, Binance's plea deal with the U.S. government also includes five years of oversight by the Financial Crimes Enforcement Network (FinCEN). The unprecedented oversight of its activities will likely cost the exchange millions of dollars. According to Stark: "Binance's settlement requires it to offer years of instantaneous access, audit, examination and inspection to DOJ, FinCEN and all types of financial regulators and law enforcement, exposing the company -- and its customers -- to a 24/7, 365-days-a-year financial colonoscopy." Related: Binance is now 'totally different': Interview with CEO Richard Teng Binance and its former CEO, Changpeng "CZ" Zhao, have admitted to violating U.S. laws around money laundering and terror financing, agreeing to pay $4.3 billion in fines on Nov 21. Binance's recently unsealed court records are part of a new filing by the U.S. SEC, incorporating DOJ's enforcement actions and settlements to strengthen its case against the exchange and Zhao. The SEC pressed 13 charges against Binance on June 5, accusing the exchange of unregistered offers and sales of the BNB (BNB) and Binance USD (BUSD) tokens, the Simple Earn and BNB Vault products, and its staking program. The SEC also alleges that Binance failed to register its Binance.com platform as an exchange or broker-dealer clearing agency. With its latest filing, the regulator is asking the court to take a "judicial notice" of the facts presented in Binance's settlement. "Which means that the SEC wants the Judge to declare a fact presented as evidence as true without a formal presentation of evidence," said Stark. The SEC is using the settlement to challenge Binance's latest motion to dismiss the case, undermining the exchange's arguments about its presence and operations in the U.S. over the past years. Binance had more than three million U.S. customers by March 2018, according to its settlement with the DOJ. Approximately 30% of Binance's web traffic was originating from the United States as of June 2019.

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by cointelegraph.com

Revolut Business reportedly cuts crypto services ahead of new rules

The neobank will halt crypto purchases by businesses while it sorts out new ad requirements. Neobank Revolut will temporarily halt cryptocurrency purchases on its business platform in the United Kingdom at the beginning of the new year, according to a media report. An email informing customers of the decision mentioned only purchasing, implying holding crypto and selling it could go on uninterrupted. Revolut said the pause was needed to give it more time to comply with new Financial Conduct Authority (FCA) rules on promoting crypto that come into force on Jan. 8, 2024. Revolut Business will halt crypto purchases on Jan. 3, it said. In a message reproduced in an X (formerly Twitter) post, Revolut Business told customers: "We'll need to adjust our current Business crypto offering to make sure all of the new requirements are met." Revolut is the latest of several firms that have been impacted by the FCA rules, which the regulator itself described as "tough." The rules were announced in June and were intended to bring crypto advertising into line with other high-risk investment products. Among the new requirements were customer warnings of the risky nature of crypto investments, a ban on bonuses for referring new customers and a "cooling-off period" delaying the placing of orders from first-time investors. Related: Binance, OKX to comply with new financial promotions rules in UK The Jan. 8 deadline is an extension from Oct. 8 provided after it became apparent that there would be hitches with compliance. The FCA was already noticing in September that engagement from many crypto firms had been low. By Oct. 25, the FCA had recorded over 200 breaches of the rules and it issued additional guidance on the rules in November. In September, Bybit announced it was leaving the U.K. market and Solana-based NMarinade Finance began blocking U.K. users. Binance halted customer onboarding in the country in October after its compliance partner, Rebuildoingsociety.com, ran afoul of the rules.

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