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Binance charges prove ‘following the rules’ was the right decision: Coinbase CEO

Brian Armstrong reflected on the announcement of criminal charges against Binance, stating that Coinbase’s decision to get licenses was correct.

Brian Armstrong, CEO of crypto exchange Coinbase, thinks that his company made the right decision to comply with U.S. money transmitter licensing laws.

In a Nov. 21 social media post, Armstrong weighed in on the news that rival exchange Binance is pleading guilty to criminal charges, stating that he is glad his own exchange decided to obtain money transmitter licenses, even though it put the company at a competitive disadvantage.

“I knew we needed to embrace compliance to become a generational company that stood the test of time,” Armstrong stated, adding that his team “got the licenses, hired the compliance and legal teams, and made it clear our brand was […] Following the rules.”

Armstrong acknowledged that his team's compliance strategy slowed the growth of the company, stating that “we couldn't always move as quickly as others,” as it’s “more difficult and expensive to take a compliant approach.” However, Armstrong claimed his team’s approach was correct because “we believe in the rule of law.”

Related: SEC raises concerns over Coinbase in objection to Celsius restructuring plan

Armstrong also took aim at what he sees as a lack of regulatory clarity in the U.S., which he claims is pushing users to offshore exchanges like Binance. “Americans should not have to go to offshore unregulated exchanges to benefit from this technology,” he stated. However, he also struck a positive tone, claiming that the resolution of the U.S. criminal case against Binance may finally be the “catalyst” for more regulatory clarity.

Armstrong has claimed that U.S. regulations lack clarity and have driven “95%” of crypto transactions offshore. The Securities and Exchange Commission has filed suit against Coinbase for allegedly violating U.S. securities laws. However, these claims aren't related to violations of the Bank Secrecy Act or money transmitter licensing issues.

On Nov. 21, the Department of Justice announced that Binance has agreed to plead guilty to violations of the U.S. Bank Secrecy Act and to serving U.S. customers without obtaining the proper money transmitter licenses.

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Tornado Cash indictment fails to show ‘clear violation’ of certain laws: Coin Center

Coin Center research director Peter Van Valkenburgh argued that crypto mixer Tornado Cash is an anonymizing software provider, not a money transmitter.

Crypto advocacy group Coin Center has criticized the latest indictment of two former Tornado Cash developers, arguing that the facts offered don't show any clear violations of money-transmitting-related offenses.

Roman Storm and Romen Semenov were indicted by the United States Office of Foreign Asset Control (OFAC) on Aug. 23 for conspiring to operate an unlicensed money-transmitting business, among other charges.

In a follow-up opinion piece, Coin Center research director Peter Van Valkenburgh argues that the claims in the indictment appear to run counter to guidance from the U.S. Financial Crimes Enforcement Network — arguing that Tornado Cash only provides the software to transmit money, rather than transmitting the money itself.

"The only thing the indictment claims regarding the defendants’ unlicensed money transmission is that they 'engaged in the business of transferring funds on behalf of the public' and did so without registering with FinCEN," wrote Valkenburgh.

But does the indictment state any facts that actually show that the defendants engaged in any activities that qualify as money transmission under the relevant law?

He pointed to an interpretation by FinCEN as to what constitutes “money transmission services” under the U.S. Bank Secrecy Act, which states:

“An anonymizing software provider is not a money transmitter.”

An excerpt from FinCEN’s Virtual Currency Guidance from 2019. Source: FinCEN.

Valkenburgh then referred to another excerpt stating that only people using the software can be considered money transmitters:

“[A] person that utilizes the software to anonymize the person’s own transactions will be either a user or a money transmitter, depending on the purpose of each transaction.”

While Valkenburgh said that Tornado Cash made it easier for individuals to use the protocol’s smart contracts to transmit money, he argued it doesn’t mean that the developers were money transmitters themselves.

“[But] that doesn’t somehow mean that they became transmitters merely because they provided tools that others used to transmit their own money,” Valkenburgh explained.

Valkenburgh also criticized claims in the indictment suggesting that Storm and Semenov had complete control over the protocol’s smart contracts.

“Ethereum smart contracts are variable and sometimes people have no control over their operation, some control, or total control. This is the key fact needed to determine whether one is performing money transmission, he argued.

Related: Crypto lobbyists still fighting to axe ‘unlawful’ Tornado Cash sanctions

Coin Center first voiced its opposition toward the U.S. Treasury in October when it sued the agency for its unprecedented and unlawful sanctioning of Tornado Cash.

The OFAC indictment claims Storm and Semenov ran an unlicensed money transmission service by engaging in the business of transferring funds on behalf of the public. The enforcement agency claimed the developers should have registered with FinCEN.

Semenov was added to OFAC’s list of Specially Designated Nationals and Blocked Persons on Aug. 23, while Storm was arrested by the Federal Bureau of Investigation in Washington state on the same day.

Alexey Pertsev, another one of Tornado Cash’s founders, was imprisoned by Dutch authorities in Aug. 2022 before being released in late April.

Valkenburgh believes the outcome of the Tornado Cash saga will have a profound impact on the legal rights of United States citizens to build and publish software in the future.

Magazine: Magazine: Tornado Cash 2.0 — The race to build safe and legal coin mixers

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Law Firm Subpoenas FTX Co-Founder, Top Executives, and Former Alameda CEO Over Voyager Digital Deal

Law Firm Subpoenas FTX Co-Founder, Top Executives, and Former Alameda CEO Over Voyager Digital DealOn Feb. 6, 2023, law firm Kirkland & Ellis issued a subpoena to FTX co-founder Sam Bankman-Fried and top executives on behalf of Voyager Digital. The subpoena requested they produce documents and communications related to the “Alameda Loan Agreement” between Alameda Ventures and Voyager, as well as other important documents. Additionally, Voyager Digital has subpoenaed […]

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