Will SEC Lawsuits Against Binance and Coinbase Gum Up FTX Customer Fund Recovery?

By BeInCrypto November 16, 2023 In Binance, Coinbase, FTX

FTX is forging ahead with plans to recoup lost funds following its collapse last year. However, the company faces many challenges created by the Securities and Exchange Commission’s (SEC) aggressive stance towards major cryptocurrency players like Binance and Coinbase.

The SEC’s legal actions against these exchanges raise questions about potential obstacles in FTX’s path to reimburse its creditors.

Will FTX Customer Fund Recovery Be Hindered by SEC?

FTX, under CEO John Ray’s leadership, has successfully recovered over $7 billion of the initially missing $8.7 billion. The company’s strategy includes liquidating significant cryptocurrency holdings, a decision bolstered by a judicial nod.

However, the SEC’s lawsuits against Binance and Coinbase for operating without proper licensing and listing unregistered securities cast shadows over FTX’s efforts.

The SEC’s case against Binance, initiated in June, accuses the exchange and its founder, Changpeng ‘CZ’ Zhao, of offering unregistered securities to investors. This follows a similar lawsuit against Coinbase, intensifying the regulatory scrutiny on these platforms.

The SEC’s filing contends that Binance’s arguments undermine decades of established legal precedent. The agency alleges that Binance is operating an unlicensed securities exchange in the US.

Coinbase, in a separate but parallel confrontation, has urged the SEC to respond to its rulemaking petition within 30 days, demanding clarity on the application of securities laws to digital assets. This request underscores the exchange’s struggle for regulatory transparency amidst accusations of violating securities laws with its cryptocurrency offerings.

Tightening Up Crypto Industry Rules

The SEC’s interventions in these cases mirror its approach in previous cases. This includes instances such as the objection to Voyager Digital’s bankruptcy plan to sell crypto assets.

While the judge in the Voyager case dismissed the SEC’s concerns, emphasizing the urgency of returning funds to customers, the broader implications of these regulatory actions loom large over FTX’s liquidation process.

FTX’s liquidation, overseen by Galaxy Digital Asset Management, an SEC-registered broker-dealer, aims to ensure the best sales execution. This process, however, is intricately linked to the regulatory environment shaped by the SEC’s lawsuits.

The cases against Binance and Coinbase reflect the SEC’s assertive regulatory stance. They also influence the market dynamics and investor confidence, factors critical to FTX’s asset liquidation success.

The outcome of the SEC’s legal battles with Binance and Coinbase will likely have significant repercussions on the crypto industry. The resolution of these cases could either facilitate or hinder FTX’s efforts to fulfill its obligations to creditors.

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