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- Despite the absence of the SEC in the press conference, former SEC Internet Enforcement Office Chief John Reed Stark argues that the SEC has achieved a significant victory.
- Observers played a crucial role in the Binance decision. These monitors, with their compliance and reporting duties to the government, present a unique opportunity for the SEC.
- Former SEC official John Reed Stark extensively examined the SEC’s role in the recent developments at Binance.
Former SEC official John Reed Stark examined in detail the role of the SEC in the recent developments of the Binance exchange with the US.
Former SEC Official Evaluates Developments at Binance
Despite the absence of the SEC in the press conference, former SEC Internet Enforcement Office Chief John Reed Stark argues that the SEC has achieved a significant victory. The former SEC official claimed that the agreements made regarding Binance provide the SEC with substantial new evidence.
This new evidence, extracted from various documents and filings, is expected to support the SEC’s stance on cryptocurrencies in the future. The independent monitoring tasks imposed on Binance by the DOJ, FinCEN, CFTC, and the Treasury Department have proven to be efficient.
Observers played a crucial role in the Binance decision. These monitors, with their compliance and reporting duties, present a unique opportunity for the SEC. Stark noted that observers could serve as a channel for the SEC to collect additional evidence. Observers may ask questions, request documents, and possibly present observers as witnesses.
Former SEC official John Reed Stark draws attention to the extraordinary level of cooperation mandated in all federal government orders. This extraordinary level of cooperation could be punitive for Binance and its CEO CZ while creating opportunities for the SEC. Cooperation requirements can serve as leverage during investigations or disputes. Fearing SEC complaints about Binance’s lack of cooperation could lead to avoiding additional penalties or fines.
Furthermore, the mandatory filing of SARs required by the FinCEN Settlement provides a continuous flow of clues for the SEC. Access to SARs has the potential to provide a continuous stream of evidence for SEC investigators and prosecutors related to the new reports on Binance.
Judicial Recognition and Future Allegations
Federal Judges Faruqui and Jackson, who lead the SEC/Binance civil enforcement case, now have an open perspective on the allegations seen in the recent settlements. Binance’s crimes, especially facilitating money laundering and aiding in sanction violations, will likely influence the judicial process. Stark suggests that the SEC could strengthen its position by adding AML-related allegations using the extensive AML violations revealed in recent documents.
With the settlements reached by the DOJ, CFTC, and FinCEN with Binance, the SEC’s strategic advantage derived from the evidence and opportunities arising from these agreements and implemented monitoring tasks does not diminish. The SEC’s quiet victory lies in the abundance of evidence and opportunities arising from these agreements and implemented monitoring tasks.