1. Home
  2. CZ

CZ

Binance, CEO Changpeng Zhao intends to seek dismissal of CFTC complaint

Binance, Changpeng Zhao and former compliance chief Samuel Lim intend to file two motions to dismiss a March lawsuit from the CFTC.

Crypto exchange Binance and its CEO Changpeng "CZ" Zhao are planning to file a motion to dismiss a March-filed lawsuit from the United States commodities regulator.

In a July 24 filing to an Illinois District Court, multiple Binance entities, Zhao and former chief compliance officer Samuel Lim said they plan to file two separate motions to dismiss the complaint before July 27.

"The Foreign Binance Entities and Zhao intend to file a joint Motion to Dismiss the Complaint. Lim intends to file a separate Motion to Dismiss the Complaint, and join parts of the motion filed by the Foreign Binance Entities and Zhao," the filing read.

Binance is also seeking permission to exceed a 15-page limit on the brief which would be used to support its motion and requested for it to go up to 50 pages citing the complexity of the lawsuit brought against it.

An excerpt from Binance's filing requesting an increase on the 15 page limit. Source: CourtListener

"Given the complexity of the CFTC’s Complaint and the number of arguments Defendants anticipate making in support of their Motions to Dismiss, Defendants anticipate that their Memoranda of Law in support of the two motions will exceed the fifteen-page limits."

The Commodity Futures Trading Commission (CFTC) sued Binance and Zhao in March alleging the crypto exchange did not properly register with the regulator.

The CFTC claimed despite Binance blocking U.S. residents from transacting on its platform, since at least 2019 it knowingly conducted transactions in multiple cryptocurrencies for people based in the U.S. and intentionally violated U.S. laws.

The regulator also called Binance's compliance process a "sham" and alleged it willingly conducted its activities outside of the U.S. and obscured the location of its headquarters with the aim of evading U.S. regulations.

Related: What criminal charges for Celsius ex-CEO mean for crypto industry

The Securities and Exchange Commission (SEC) also sued Binance and Zhao on June 5 alleging it sold unregistered securities, allowed U.S. customers to use its global platform and claimed Zhao misused customer funds.

The SEC's complaint claimed Binance's compliance chief in 2018 — believed to be Lim — said in a message to another compliance officer that “we are operating as a fking unlicensed securities exchange in the USA bro”

Binance is also reportedly under investigation by the U.S. Department of Justice for allowing Russians to use its platform in violation of U.S. sanctions.

Magazine: $3.4B of Bitcoin in a popcorn tin — The Silk Road hacker’s story

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

BNB’s soaring futures open interest and regulatory woes weigh on the altcoin’s price

Persistent regulatory actions and concerning derivatives data are likely the main factors behind BNB’s bearish price action.

The price of BNB has experienced a 24.5% decline over the past 90 days, despite a 7% gain between July 10 and July 11. BNB (BNB) has performed worse than the overall altcoin market, indicating that the underlying cause for the bearish momentum persists.

It is highly likely that the correction in BNB’s price can be attributed to the lawsuit filed by the U.S. Securities and Exchange Commission against Binance and its CEO, Changpeng “CZ”s Zhao, on June 5, as the decoupling coincides with that event.

BNB/USDT (blue) versus altcoin market capitalization since April 2023. Source: TradingView

To gain a more comprehensive understanding of the situation, analyzing derivatives contracts provides valuable insights into the positions of whales and market makers.

Is the recent BNB price rally sustainable?

This analysis should highlight whether the surge above $245 on July 11 is supported by an improvement in sentiment or a balanced demand for leverage through BNB derivatives.

Price is undoubtedly the most important metric for understanding traders’ sentiment, but it does not encompass all possibilities. For instance, between August 2022 and September 2022, BNB outperformed the altcoin market by 19%.

BNB/USDT (blue) versus altcoin market capitalization in late 2022. Source: TradingView

Regardless of the rationale behind BNB’s rally in 2022, one might conclude that the recent 90-day negative 24.5% performance represents a reversion to the mean as investors no longer believe the premium is justified.

While no metric is flawless, one should begin by examining the open interest in BNB futures markets to gain a broad overview of the demand for leverage during the recent underperformance.

BNB futures open interest rose, but is it bullish?

In futures markets, long and short positions are always balanced, but a higher number of active contracts, or open interest, is generally positive, as it allows institutional investors, who require a certain market size, to participate. Moreover, a significant increase in the number of contracts in play typically indicates increased trader involvement.

BNB futures aggregate open interest in USD. Source: CoinGlass

Notice how the BNB futures open interest surged from $355 million on July 5 to the current $476 million, approaching its highest level in 18 months. This data leaves no doubt about the demand increase for leverage using futures contracts.

The previous peak in open interest, at $490 million, occurred on Nov. 5, 2022. Interestingly, on that very day, the price of BNB reached a six-month high, followed by a significant correction of 28% in the subsequent five days.

BNB/USDT price at Binance in late 2022. Source: TradingView

However, open interest does not necessarily indicate bullish or bearish sentiment among professional investors. The futures annualized premium measures the difference between longer-term futures contracts and the current spot market levels.

The futures premium, or basis rate, should ideally range between 5 and 10% to compensate traders for "locking in" their funds until the contract expiry. Therefore, levels below this range are bearish, while figures above 10% indicate excessive optimism.

BNB 3-month futures annualized premium. Source: Laevitas

The current negative premium suggests that short sellers are paying 10% per year to maintain their positions. While this data aligns with typical bearish markets, it has been the norm for BNB rather than an exception. Furthermore, similar instances of a negative 10% futures premium occurred on March 17 and April 22, although they lasted for less than a week in total.

BNB/USDT price at Binance. Source: TradingView

In terms of price, March 18 marked the end of a bull run that peaked at $345, followed by an 11.5% correction to $306 over the next 10 days. Similarly, when the BNB futures premium returned from the negative 10% level on April 26, the price of BNB declined by 12% in the following 16 days.

BNB short positions may have been used to bypass vesting and lockup periods

Although it is impossible to establish causation and correlation, the data suggests that investors may be shorting BNB futures contracts to clear out spot order books and potentially trigger price pumps. Other possible explanations for a significant BNB futures premium include lockups, where BNB holders are restricted from selling their positions but seek to reduce exposure nevertheless.

These vesting periods could be a result of formal contracts with current or former employees and partners, or restrictions imposed by smart contracts. The agreements typically are on staked tokens or used as guarantees for launchpads and similar projects. Therefore, attempting to attribute this strategy to a single entity is rarely productive.

The derivatives data points to an increased appetite for leverage using futures contracts, particularly by shorts, considering the negative premium. This exerts downward pressure on BNB’s price as long as the futures premium remains negative. Although there is no guarantee that the price action will repeat itself, the current derivatives data does not support bullish momentum for BNB.

This article is for general information purposes and is not intended to be and should not be taken as legal or investment advice. The views, thoughts, and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

“Sam Bankman-Fried really hurt the industry” — Anthony Scaramucci

The politician and business magnate has his eyes set on Binance CEO CZ taking the reins of the future crypto industry.

During a panel at Collision 2023 in Toronto, Anthony Scaramucci, founder of Skybridge Capital and former White House communications director, stated that disgraced crypto executive Sam Bankman-Fried “really hurt the industry in the United States from a regulatory perspective." Scaramucci continued:

“He embarrassed the politicians; he gave a lot of money to them. They spent a lot of time with him, Gary Gensler spent a lot of time with him. And then they had this huge situation that happened. And that was very embarrassing. And so now the pendulum has swung too far to over-regulation in this ridiculous prosecutorial oversight."

When asked for his opinion concerning the crypto regulatory environment in Canada compared to the U.S., Scaramucci stated that “Canada actually learned from the United States and set it up the way we used to do things in the United States." He explained:

“They went to the industry. They said, ‘Okay, how do we fairly regulate the industry? How do we protect ourselves from bad actors?’ Most of the industry players know one another, and then […] they work alongside their legislators to come up with guidelines."

“We’re watching the Canadian crypto digital asset space thrive," Scaramucci continued. For the politician and business magnate, Scaramucci has his eyes set on Binance CEO Changpeng “CZ” Zhao, who happens to be a Canadian national, in terms of leading the future of cryptocurrency exchanges in the wake of FTX’s collapse:

“I’m gonna give him an A on execution and growing Binance. It’s 65ish percent of the overall market. So I’ll give him an A on that. He probably gets a C+ or B on transparency around it. Maybe in the beginning, they had some things that they did there that were regrettable. But it’s just the SEC [Securities and Exchange Commission] that is suing them; we have yet to see anything criminal."

For closing statements, Scaramucci stated that while CZ will continue to get “a lot of flaming arrows," he will continue to be the “most influential person” in crypto. “He does actually have the largest platform, and it’s that one that can gain mass adoption, while still being a legitimate source where they’re gonna continue to operate in all major jurisdictions in the world," said Scaramucci.

Magazine: ‘Ethical’ SBF game axed, Web3 games sign-up process sucks, Tomb Chaser

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

SEC and Binance.US to negotiate deal avoiding total asset freeze

United States District Judge Amy Berman Jackson has ordered the two entities to work toward a compromise.

Binance.US and the United States Securities and Exchange Commission have agreed to work on an arrangement that will allow the exchange to avoid freezing all of its assets.

On June 14, Bloomberg reported that U.S. District Judge Amy Berman Jackson referred the two organizations to a magistrate judge to work toward a compromise arrangement to protect customer funds without having to shut down the exchange.

“Shutting it down completely would create significant consequences not only for the company but for the digital asset markets in general,” Jackson said at a June 13 hearing.

Judge Jackson noted she wouldn’t come to a final decision on the SEC’s motion for a temporary restraining order until the two parties had worked through the situation with the magistrate.

An update on the negotiations made with the magistrate has been scheduled for the end of business hours on June 15.

Additionally, she noted the SEC and Binance.US seemed “not that far apart” when it came to reaching an agreement on the matter.

Before Judge Jackson reached her decision at the hearing, former SEC enforcement attorney John Read Stark informed his 20,000 Twitter followers that there is “a lot of conflict between what each party” wanted to get out of the hearing.

“That does not mean the judge cannot order a compromise and find common ground,” Stark explained.

Related: SEC can’t find Binance CEO Changpeng Zhao, asks court for ‘alternative service’

The SEC filed an emergency motion for a temporary restraining order on Binance.US on June 6, after accusing Binance CEO Changpeng “CZ” Zhao of being able to access Binance.US customer funds.

The regulator alleged Zhao moved $12 billion of Binance’s funds through an entity he controlled called Merit Peak.

In a June 12 joint memorandum submitted ahead of the hearing on the restraining order, both Binance.US and Zhao denied the claims that funds were ever mishandled. They accused the SEC of being “unable to identify a single instance” in which Binance.US customer funds were ever misused.

“Indeed, there is no ‘emergency’ here at all, other than the one manufactured by the SEC for its own purposes.”

Magazine: Crypto regulation — Does SEC Chair Gary Gensler have the final say?

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

Binance vs. SEC: How low can BNB price go?

BNB is clinging on to its short-term bullish bias amid the Binance-SEC fiasco but a 30% price decline is still on the cards.

The market capitalization of BNB (BNB) has dropped by more than $7 billion since June 5 when the U.S. Securities and Exchange Commission (SEC) filed a lawsuit against Binance.

BNB price eyes technical bounce

The impact of the SEC lawsuit on Binance has been substantial so far with BNB down nearly 15% week-to-date.

BNB daily market capitalization. Source: TradingView

On June 6, the SEC requested the Washington D.C. district court to freeze Binance's U.S. assets worldwide. The order, if passed, will likely force the exchange to repatriate "fiat currency and crypto assets deposited, held, traded, and accrued by customers" at its U.S. platform.

Meanwhile, Binance's United States' entity halted trading for several pairs, including Bitcoin (BTC), Tether (USDT), and Binance USD (BUSD).

Theoretically, these events risk stirring people's BNB buying sentiment, given it has been incorporated as a utility token in the Binance ecosystem.

However, technicals paint a potentially different picture, at least in the short term. The BNB/USD pair looks prepared for a short term bounce, given it trades around a critical support level and its daily relative strength index (RSI) has entered the "oversold" region below 30.

BNB/USD daily price chart. Source: TradingView

In this case, BNB price will likely eye its descending trendline resistance point near $280 as its next upside target in June, up around 7% from current price levels.

On the other hand, BNB's decisive close below its multi-month ascending trendline support means that $240 should be watched as a potential downside target in June. Down around 10% from current price levels, this level appears out of the rising wedge breakdown scenario (purple). 

Binance's BNB token to $180 in 2023?

Independent market analyst TraderSZ believes BNB could drop toward the 2022 low of $180 owing to the ongoing Binance-SEC battle.

Interestingly, the ongoing breakdown of a descending triangle pattern for BNB price, suggests the same. 

Related: SEC’s Gensler offered to serve as an adviser to Binance in 2019: Lawyers claim

Descending triangles are typically viewed as bearish continuation patterns in a general downtrend. They typically resolve when the price breaks below their lower trendline support with the price dropping by as much as their maximum height.

BNBUSD weekly price chart. Source: TradingView

As a result, BNB risks falling toward its triangle target of around $180 in 2023, down around 30% from current price levels.

This article does not contain investment advice or recommendations. Every investment and trading move involves risk, and readers should conduct their own research when making a decision.

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

SEC chair Gensler offered to serve as an advisor to Binance in 2019: Lawyers claim

Years before serving as head of the SEC, Gary Gensler offered up his advisory services to Binance, the exchange's lawyers allege.

SEC Chair Gary Gensler once offered to serve as an advisor to Binance in 2019, according to lawyers representing Binance and founder Changpeng Zhao, CNBC reports. 

In documents filed by the SEC on June 7, attorneys from Gibson & Dunn and Latham & Watkins allege that Gensler offered to serve as an advisor to the exchange in several conversations with Binance executives, including Zhao in March 2019.

Gensler was nominated by U.S. president Joe Biden to serve as chair of the United States Securities and Exchange Commission in February 2021 and was later sworn into office on April 17, 2021. 

Related: SEC’s Gensler claims ‘parallels’ between Binance and FTX, yet one wasn’t sued

Prior to joining the SEC, he was a professor of the Practice of Global Economics and Management at the MIT Sloan School of Management. From 2017-2019, he served as chair of the Maryland Financial Consumer Protection Commission.

This is a developing story, and further information will be added as it becomes available.

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

Binance CEO Details Potential New Narratives for Next Crypto Bull Market, Predicts Much More Success for Industry

Binance CEO Details Potential New Narratives for Next Crypto Bull Market, Predicts Much More Success for Industry

The CEO of the world’s largest crypto exchange by trading volume foresees a series of “successes” in the crypto industry in the next bull market. In a new Bankless interview, Binance chief Changpeng Zhao outlines what he thinks the “next big thing” for crypto and blockchain technology could be. “If we talk about the internet, […]

The post Binance CEO Details Potential New Narratives for Next Crypto Bull Market, Predicts Much More Success for Industry appeared first on The Daily Hodl.

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

Binance.US seeking to cut Changpeng Zhao’s majority stake: Report

Changpeng Zhao is the crypto exchange's founder, majority owner and chair. He is also the CEO and co-founder of the global crypto exchange, Binance.

Crypto exchange Binance US and its founder Changpeng Zhao (CZ) are reportedly looking for ways to reduce his stake in the firm, amid harsh scrutiny from United States federal regulators over the past year. 

The crypto executive — Binance US’ majority owner — has reportedly been trying to reduce his stake in the U.S.-based exchange since last summer, according to a report by the Information on May 11 citing people familiar with the matter.

Binance and Changpeng Zhao have seen intense scrutiny from United States federal regulators over the past year.

In March, the Commodity Futures Trading Commission (CFTC) sued Binance and CZ for operating what it alleged was an “illegal” exchange with a “sham” compliance program.

The firm was accused of willfully evading U.S. law, “while engaging in a calculated strategy of regulatory arbitrage to their commercial benefit.”

In response to the lawsuit, Binance has claimed regulatory compliance, telling Cointelegraph, “We have implemented a robust ‘three lines of defense’ approach to risk and compliance,” at the time.

CZ responds to the CFTC on March 28. Source: Binance.com

Since then, Binance US bosses have reportedly been seeking ways to reduce CZ’s stake and influence over the company, worried that they may not be able to acquire certain regulatory licenses as long as CZ remains the majority owner.

Cointelegraph reached out to global exchange Binance who did not comment on the matter related to Binance US and CZ as an individual and majority shareholder of the U.S. exchange. Binance US did not respond by the time of publication.

Related: Here’s why CFTC suing Binance is a bigger deal than an SEC enforcement

In February, the SEC sued Paxos, the issuer of Binance’s stablecoin BUSD resulting in the end of minting. Meanwhile, the regulator blocked approval of a Binance.US bid for assets belonging to bankrupt crypto lending firm Voyager Digital.

It appears that the Securities and Exchange Commission (SEC) is specifically targeting American-based crypto exchanges to bring them under the same stringent regulations as banks and stock brokerages.

The result has been an exodus from the U.S. with major players including Coinbase, Gemini, Ripple, and Galaxy Digital among those eyeing a move offshore following recent SEC enforcement action.

Other major exchanges such as Kraken and Bittrex have already fully or partially shuttered services in the United States as the war on crypto continues.

Magazine: Does SEC Chair Gary Gensler have the final say?

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

‘Godfather of AI’ resigns from Google, warns of the dangers of AI

Dr. Geoffrey Hinton is understood to have worked on artificial intelligence his whole life and is now warning how dangerous the technology could be.

An Artificial Intelligence (AI) pioneer, nicknamed the “Godfather of AI” has resigned from his position at Big Tech firm Google so he could speak more openly about the potential dangers of the technology.

Before resigning, Dr. Geoffrey Hinton worked at Google on machine learning algorithms for more than a decade. He reportedly earned his nickname due to his lifelong work on neural networks.

However, in a tweet on May 1, Hinton clarified that he left his position at Google “so that I could talk about the dangers of AI.”

In an interview with the New York Times, his most immediate concern with AI was its use in flooding the internet with fake photos, videos and text, where he voiced concern that many won’t “be able to know what is true anymore.”

Hinton’s other worries concerned AI tech taking over jobs. In the future, he believes AI could pose a threat to humanity due to it learning unexpected behaviors from the massive amounts of data it analyzes.

He also expressed concern at the continuing AI arms race that seeks to further develop the tech for use in lethal autonomous weapons systems (LAWS).

Hinton also expressed some partial regret over his life's work:

“I console myself with the normal excuse: If I hadn’t done it, somebody else would have.”

In recent months, regulators, lawmakers and tech industry executives have also expressed concern about the development of AI. In March, over 2,600 tech executives and researchers signed an open letter in March that urged for a temporary halt of AI development citing “profound risks to society and humanity.”

A group of 12 European Union lawmakers signed a similar letter in April and a recent EU draft bill classifies AI tools based on their risk levels. The United Kingdom is also extending $125 million to support a task force for the development of “safe AI.”

AI used in fake news campaigns and pranks

AI tools are already reportedly being used for disinformation, with recent examples of media outlets tricked into publishing fake news, while one German outlet even used AI to fabricate an interview.

On May 1, Binance claimed it was the victim of a ChatGPT-originated smear campaign and shared evidence of the chatbot claiming its CEO Changpeng “CZ” Zhao was a member of a Chinese Communist Party youth organization.

The bot linked to a Forbes article and LinkedIn page which it claimed it sourced the information from, however, the article appears to not exist and the LinkedIn profile isn’t Zhao’s.

Last week, a group of pranksters also tricked multiple media outlets around the world, including the Daily Mail and The Independent.

Related: Scientists in Texas developed a GPT-like AI system that reads minds

The Daily Mail published and later took down a story about a purported Canadian actor called “Saint Von Colucci” who was said to have died after a plastic surgery operation to make him look more like a South Korean pop star.

The news came from a press release regarding the actor's death, which was sent by an entity masquerading as a public relations firm and used what appeared to be AI-generated images.

A picture sent to multiple media outlets purporting to be Saint Von Colucci. Source: Internet Archive

In April, the German outlet Die Aktuelle published an interview that used ChatGPT to synthesize a conversation with former Formula One driver Michael Schumacher, who suffered a serious brain injury in a 2013 skiing accident.

It was reported Schumacher’s family would take legal action over the article.

AI Eye: ‘Biggest ever’ leap in AI, cool new tools, AIs are real DAOs

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst

‘The war room was despondent’ — Scaramucci recounts FTX collapse at Consensus

The Skybridge founder said that Binance CEO Changpeng Zhao is not to blame for the collapse.

On April 27, Skybridge founder Anthony Scaramucci revealed what the final days of FTX were like, claiming that most employees of the failed crypto exchange probably didn’t know what its executives were doing behind closed doors until it was too late.

In a panel discussion called “FTX: What Happened?” at Consensus 2023, Scaramucci gave a detailed narrative of what happened from his perspective. The Skybridge founder said he remembers hearing that FTX CEO Sam Bankman-Fried had commented negatively about Binance CEO Changpeng Zhao, also known as “CZ.”

Scaramucci claimed that CZ responded by selling his share of FTX Tokens. However, CZ's stated reason for unloading FTX Tokens was "post-exit risk management," likely because he reviewed a leaked balance sheet of the company showing a concerning connection between FTX and sister company Alameda Research. However, Scaramucci was emphatic in stating that CZ did not cause the bankruptcy of FTX, explaining:

“If Sam was running the business appropriately […] The business would have been fine […] Some people have got on a stage like this and said, "Well CZ put Sam out of business." No, no. Sam put Sam out of business by the way he ran that business.”

Scaramucci said that on Nov. 6 or 7, he had just returned from giving a speech in Florida. After speaking to Bankman-Freid’s father, he learned that there was some kind of liquidity problem at FTX. He thought the exchange had the assets to repay depositors but that these assets could not be sold quickly, threatening to force the exchange to halt withdrawals.

Scaramucci wanted to help the exchange, he said. But “later in the evening, that number went from 1 billion to 4.5 billion,” referring to the dollar amount of the liquidity shortfall. This convinced him that something more serious was going on at the exchange. He immediately booked a flight to The Bahamas to visit FTX headquarters and discover what was happening. When he arrived, “The war room was despondent, and I would say that it was clear to a few people that there was a very small group of people that had done some things that they didn't let the other people into,” he explained.

Related: FTX sells Ledger X for $50M to affiliate of Miami-based exchange holding company

Scaramucci said the collapse of FTX was an example of why frauds are almost always committed by a small group of people:

“The way crimes get committed is they get committed by very small groups. It's very hard to commit a crime like this with a large group of people because what you learn about psychology and sociology, there's always a person of conscience that comes out and says, "Hey, I don't want to do this."”

Scaramucci implied that FTX was a fraud and not merely the victim of liquidity crises brought on by market events, stating:

“Three of those four people have already pled guilty. So, guys, when the windows open and you hear clippity clop outside, it's a horse. It's not a zebra […] It'll be very interesting to see how Sam makes a decision on his own plate.”

FTX filed for bankruptcy in November. Two of its executives, Gary Wang and Nishad Singh, have pled guilty to fraud, along with Caroline Ellison, the former CEO of Alameda Research. Bankman-Fried has also been charged with fraud. However, he has pleaded not guilty and claims that some of the money lost can be recovered.

Whales Abruptly Accumulate Over $346,000,000 Worth of Top-10 Altcoin in Just One Week, Says Analyst