Top Lawyers Uncover US SEC Litigation Tactic In Binance Lawsuit

Highlights

SEC drops securities claims against Binance for certain tokens, sparking debate among legal experts.
Ripple's CLO criticizes the SEC's inconsistent regulatory approach, leaving tokens vulnerable in other cases.
Variant Fund's Jake Chervinsky sees SEC's move as a litigation tactic, not a policy shift.

Binance Lawsuit: The SEC’s recent maneuver in its case against the crypto exchange has sparked debate among top legal experts. The decision to modify its complaint, particularly regarding certain crypto tokens, raises questions about the SEC’s regulatory strategy. Ripple’s CLO and Variant Fund’s Jake Chervinsky offer critical insights into the implications of this legal tactic.

Binance Lawsuit: Ripple & Variant Execs Slam SEC

In the ongoing Binance lawsuit, the SEC’s decision to amend its complaint against the crypto exchange, excluding the security status of tokens like SOL, ADA, and Polygon, has drawn attention. Ripple’s Chief Legal Officer Stuart Alderoty pointed out that this move leaves the tokens vulnerable in other cases.

Besides, he criticized the SEC’s inconsistent regulatory approach, noting that the agency cannot disregard these tokens in one case while pursuing them in another. Simultaneously, Jake Chervinsky, CLO at Variant Fund, echoed this sentiment.

He argued that the SEC’s reluctance to engage in discovery for multiple tokens in the exchange case is a litigation tactic rather than a policy shift. Meanwhile, Chervinsky emphasized that the SEC still labels these tokens as securities in other cases.

Notably, this inconsistency highlights the SEC’s strategic approach to litigation, prioritizing its broader regulatory goals over immediate rulings on individual tokens. One commentator speculated on the SEC’s objectives in narrowing its case against one of the top crypto exchanges.

They suggested that the agency’s goal might be to secure a summary judgment order supporting its regulatory claims over centralized exchanges. Replying to that, Chervinsky agreed, asserting that such an order would bolster the SEC’s jurisdiction over secondary markets and support its enforcement strategy.

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Potential Impact Of SEC’s Tactics

Ex-SEC lawyer Marc Fagel responded to Chervinsky’s comments on the Binance lawsuit, questioning the assumption that the US SEC is dismissing allegations against the tokens. The lawyer noted that the SEC is merely amending its complaint, leaving open the possibility of future actions.

This perspective underscores the uncertainty surrounding the SEC’s ultimate intentions. Regarding the latest developments in the Binance lawsuit, the US SEC has decided to amend its complaint against the exchange. Filed in the US District Court for the District of Columbia, the amendment seeks to exclude third-party crypto asset securities from the immediate case.

This move follows the court’s earlier ruling that BNB is not a security and that BUSD secondary sales do not qualify as securities. Meanwhile, the proposed schedule for the amended pleadings suggests a 30-day timeline for motions and responses.

This partial reprieve benefits tokens like Solana (SOL), Cardano (ADA), and Polygon (MATIC), which were initially implicated. However, other tokens such as FIL, ATOM, SAND, MANA, ALGO, AXS, and COTI still remain under scrutiny.

The SEC’s tactical adjustment in the Binance case reveals its nuanced approach to crypto regulation. By selectively narrowing its focus, the SEC aims to strengthen its overarching regulatory framework. As the legal proceedings continue, the crypto community will closely monitor how these strategies unfold and impact the broader market.

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Rupam Roy

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