Binance, the world's biggest cryptocurrency exchange, and Binance.US have entered into an agreement with the U.S. Securities and Exchange Commission to ensure that U.S. customer assets remain in the United States until a sweeping lawsuit filed this month by the regulatory agency is resolved.
The agreement, disclosed in court papers filed late on
Friday, still requires the approval of the federal judge overseeing the
litigation. To make certain that U.S. customer assets do not go offshore, the
agreement allows only Binance.US employees access to these assets.
The SEC on June 5 sued Binance, its CEO and founder
Changpeng Zhao and Binance.US's operator, alleging that Binance artificially
inflated its trading volumes, diverted customer funds, failed to restrict U.S.
customers from its platform and misled investors about its market surveillance
controls.
The suit and one filed by the SEC the following day against
major U.S. exchange Coinbase represented a dramatic escalation of a crackdown
on the industry by U.S. regulators.
Under the agreement, which does not resolve the SEC lawsuit,
Binance.US will take steps to make sure that no Binance Holdings officials have
access to private keys for its various wallets, hardware wallets or root access
to Binance.US's Amazon Web Services tools, the court filings showed.
The SEC said in a statement released on Saturday that the
emergency relief order secured for Binance.US customers will protect their
assets and ensure that they can continue to withdraw those assets.
"Given that Changpeng Zhao and Binance have control of
the platforms' customers' assets and have been able to commingle customer
assets or divert customer assets as they please ... these prohibitions are
essential to protecting investor assets," Gurbir Grewal, director of the
SEC's enforcement division, said in the statement.
A Binance spokesperson said in a statement on Saturday:
"Although we maintain that the SEC's request for emergency relief was
entirely unwarranted, we are pleased that the disagreement over this request
was resolved on mutually acceptable terms. User funds have been and always will
be safe and secure on all Binance-affiliated platforms."
Under other provisions in the proposed agreement, Binance.US
will create new crypto wallets to which the global exchange's employees have no
access, provide additional information to the SEC and agreed to an expedited
discovery schedule, the filings said.
The U.S. affiliate of Binance halted dollar deposits last
week and gave customers a deadline of June 13 to withdraw their dollar funds,
after SEC asked a court to freeze its assets. © Reuters
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