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SEC Files ‘Secret’ Sealed Motion in Court Battle Against Top Crypto Exchange Binance

Lincoln Cavenagh by Lincoln Cavenagh
August 31, 2023
in Regulations
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SEC Files ‘Secret’ Sealed Motion in Court Battle Against Top Crypto Exchange Binance
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The U.S. Securities and Change Fee (SEC) is in search of the courtroom’s approval to submit confidential paperwork associated to the regulator’s lawsuit towards the crypto change Binance.

On Monday, the SEC filed a sealed motion for go away to file paperwork below seal.

If granted, the company shall be allowed to file delicate or confidential data with the courtroom that shall be saved off the general public file.

John Reed Stark, former chief of the SEC’s Workplace of Web Enforcement, says submitting court documents below seal is a uncommon transfer by the SEC as a result of the securities regulator is a civil enforcement company.

“Thus, in stark distinction to legal prosecutorial filings, SEC motions (and enforcement actions) are usually filed brazenly and free for everybody to learn.”

He says the extraordinary courtroom submitting might have one thing to do with Binance’s alleged involvement in cash laundering or different legal actions. The U.S. Division of Justice (DOJ) is reportedly investigating the change.

Stark says submitting paperwork below seal will stop the SEC from disrupting the Justice Division’s legal investigation or putting a witness in danger.

“My take is that the key U.S. SEC submitting seemingly pertains to an current U.S. DOJ investigation of Binance and will, straight or not directly, describe the heretofore unknown contents of an impending U.S. DOJ Binance-related indictment or an indictment already filed below seal — which the U.S. DOJ would like to maintain secret.”

Stark guesses that Binance isn’t prone to oppose the sealing movement to guard incriminating proof or doubtlessly damaging legal allegations towards the change from being made public.

The previous SEC official does acknowledge, nonetheless, that the state of affairs is troublesome to foretell.

“If Binance does oppose the U.S. SEC seal request, then the U.S. SEC movement extra seemingly pertains to the U.S. SEC’s want to maintain the id of a witness secret, and Binance would like that the world know the names of any of Binance’s accusers.”

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