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US Securities and Exchange Commission Goes After Ripple(XRP)

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Blockchain company Ripple has been running an unregistered offering, akin to an unlicensed stock sale, according to a complaint filed Tuesday by the US Securities and Exchange Commission.

The suit revolves around XRP , launched in 2013, which Ripple calls a cryptocurrency. The SEC says XRP is an “unregistered securities offering to investors in the US and worldwide.”

“Issuers seeking the benefits of a public offering, including access to retail investors, broad distribution and a secondary trading market, must comply with the federal securities laws that require registration of offerings unless an exemption from registration applies,” said Stephanie Avakian, SEC Enforcement Division director, in a statement.

Tuesday’s suit amounts to one of the most significant federal actions taken to shift unlicensed cryptocurrencies under the umbrella of more traditional registered securities. As the crypto industry has exploded in the last decade, the SEC and other agencies have struggled to classify and regulate them. In a separate action, the US Treasury’s Financial Crimes Enforcement Network last week proposed new disclosure rules to better keep tabs on crypto wallets.

XRP’s value had fallen by about 22% by early Wednesday, having almost completely wiped out the gains of the past month that took it to two-year highs.

The San Francisco company, along with co-founder Christian Larsen and CEO Bradley Garlinghouse, were named in the suit. The executives have personally sold about $600 million in XRP, the SEC said.

Ripple violated federal securities laws by not registering XRP as a security, which would require greater disclosure, giving investors a more complete background as they value it, the SEC said.

“Here, we allege that Ripple and its executives failed over a period of years to satisfy these core investor protection provisions, and as a result investors lacked information to which they were entitled,” said Marc P. Berger, deputy director of the SEC’s Enforcement Division.

Garlinghouse late on Tuesday said the SEC hadn’t given the company “clarity” on how its XPR offering is classified – currency or security.

“To be clear, this is all based on their illogical claim that XRP is, in their view, somehow the functional equivalent of a share of stock,” Garlinghouse wrote on Ripple’s company blog .

Ripple had begun its campaign against the SEC suit before it was even filed. Garlinghouse had let loose on the SEC on Twitter, saying in part that its chair, Jay Clayton, was “taking notes from the Grinch this holiday season.”

The suit comes just weeks before Clayton is set to depart from his SEC post, as a new administration takes over Washington.

Two of Ripple’s lawyers on Tuesday said the SEC’s suit was without merit.

Michael Kellogg, of Kellogg, Hansen, Todd, Figel & Frederick, said in a statement: “This complaint is wrong as a matter of law. Other major branches of the U.S. government, including the Justice Department and the Treasury Department’s FinCen, have already determined that XRP is a currency. Transactions in XRP thus fall outside the scope of the federal securities laws. This is not the first time the SEC has tried to go beyond its statutory authority. The courts have corrected it before and will do so again.”

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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U.S. Prosecutors Recommend 36-Month Prison Term for Binance Founder Changpeng Zhao

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In a significant development in the legal saga surrounding Binance, the world’s largest cryptocurrency exchange, U.S. prosecutors have recommended a 36-month prison term for its founder, Changpeng Zhao.

The recommendation follows Zhao’s guilty plea to violating laws against money laundering, a pivotal moment in the ongoing legal battle between Binance and U.S. authorities.

Zhao, commonly known as CZ, stepped down as Binance’s chief last November, simultaneously admitting to the violations alongside the exchange.

The firm agreed to a hefty penalty of $4.32 billion as part of the settlement with prosecutors.

According to court filings submitted to the U.S. district court for the western district of Washington, prosecutors argued that the magnitude of Zhao’s willful violation of U.S. law warranted an above-guidelines sentence.

While federal sentencing guidelines set a maximum term of 18 months in prison for Zhao, prosecutors emphasized the severity of the violations and their consequences in advocating for the extended sentence.

The legal scrutiny surrounding Binance stems from allegations that the exchange failed to report over 100,000 suspicious transactions involving designated terrorist groups such as Hamas, al Qaeda, and ISIS.

Furthermore, prosecutors alleged that Binance’s platform facilitated the sale of child sexual abuse materials and served as a recipient of a significant portion of ransomware proceeds.

As part of the settlement, Zhao agreed to pay a $50 million fine and disengage from any involvement with Binance, the platform he founded in 2017.

The penalties imposed on Binance included a staggering $1.81 billion criminal fine and restitution of $2.51 billion.

The recommendation for a 36-month prison term underscores the seriousness with which U.S. authorities are addressing violations within the cryptocurrency industry.

The outcome of Zhao’s sentencing, scheduled for April 30 in Seattle, will likely have far-reaching implications for both Binance and the broader cryptocurrency ecosystem.

As regulatory scrutiny intensifies, stakeholders across the industry are closely monitoring developments to gauge their impact on the future of cryptocurrency exchanges and their founders.

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SEC Philippines Urges Removal of Binance App from Google Play Store and Apple App Store

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The Securities and Exchange Commission (SEC) of the Philippines has intensified its regulatory oversight over cryptocurrency trading platforms, particularly targeting Binance, one of the world’s largest digital asset exchanges.

In a bold move, the SEC Philippines has formally requested the removal of the Binance app from both Google Play Store and Apple App Store.

The action, disclosed through letters addressed to Google and Apple on April 19, 2024, underscores the SEC’s concerns regarding unauthorized investment solicitation activities facilitated by the Binance platform.

SEC Chairperson Emilio B. Aquino emphasized that allowing access to the Binance app and website poses a significant threat to the security of funds belonging to Filipino investors.

This move represents a significant escalation in the Philippines’ regulatory efforts to safeguard investors and maintain financial stability within the cryptocurrency market.

The SEC’s decision to target Binance reflects growing concerns globally regarding the lack of oversight and potential risks associated with digital asset trading platforms.

Binance, known for its extensive range of cryptocurrency trading services, has faced increasing scrutiny from regulators worldwide.

While the company has made efforts to comply with regulatory requirements in various jurisdictions, concerns persist regarding the adequacy of investor protection measures and compliance protocols.

The SEC Philippines’ call for the removal of the Binance app from major app stores highlights the regulator’s determination to enforce strict oversight and uphold investor confidence in the country’s financial markets.

The move is likely to have implications not only for Binance but also for other cryptocurrency exchanges operating in the Philippines and beyond.

Investors and industry stakeholders are closely monitoring developments, awaiting further updates on the SEC’s regulatory actions and their potential impact on the cryptocurrency ecosystem in the Philippines.

As regulatory scrutiny intensifies, market participants are urged to exercise caution and stay informed about evolving regulatory requirements and compliance obligations in the digital asset space.

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Binance Loses Ground in Global Bitcoin Trading Amid Regulatory Challenges

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Binance, once a dominant force in global Bitcoin trading, is now facing significant headwinds as regulatory challenges and intensified competition reshape the industry.

Over the past year, Binance has share of the market had declined outside the United States.

According to data from research firm Kaiko, Binance’s market share in non-US Bitcoin trading has plummeted from 81.3% to 55.3%.

The trend is mirrored in the trading of smaller cryptocurrencies, known as altcoins, where Binance’s share has dropped from 58% to 50.5%.

The decline in Binance’s market share can be attributed to several factors. One significant factor is the cessation of a promotion that previously waived trading fees, which drew in substantial trading volumes.

With the end of this promotion, offshore markets have become less concentrated, allowing smaller exchanges to gain momentum and capture a larger share of the trading activity.

Platforms such as Bybit and OKX have emerged as formidable competitors to Binance, expanding their presence in regions like Asia.

Bybit, in particular, has seen its share of non-US Bitcoin trading surge from 2% to 9.3%, while OKX’s share has risen from 3% to 7.3%. These exchanges have capitalized on Binance’s vulnerabilities, seizing market share and establishing themselves as viable alternatives for cryptocurrency traders.

Binance’s challenges are further compounded by ongoing regulatory scrutiny and legal issues. In November of last year, Binance and its co-founder Changpeng Zhao pleaded guilty to US anti-money laundering and sanctions violations.

The company has since been working to rebuild its reputation and navigate a complex regulatory environment, particularly in the United States.

Under the leadership of its new CEO, Richard Teng, a former regulator in Singapore, Binance has implemented stricter token listing rules and appointed a board of directors to enhance oversight and compliance measures.

Despite these efforts, the exchange continues to face regulatory challenges and uncertainty, which have undoubtedly impacted its market position and reputation.

The broader cryptocurrency industry has experienced significant growth, fueled by a fourfold increase in the price of Bitcoin since the beginning of last year.

However, Binance’s diminishing market share underscores the rapidly changing dynamics of the industry, where regulatory compliance and competitive pressures are reshaping the landscape of global cryptocurrency trading.

As Binance navigates these challenges, the future of the exchange and its position in the cryptocurrency market remain uncertain.

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