SEC charges against Binance and Coinbase are terrible for DeFi - iCoinMarket (2024)

The allegations against Binance and Coinbase by the U.S. Securities and Exchange Commission have substantial ramifications for the decentralized finance (DeFi) ecosystem, and they are far from positive. DeFi has developed as a promising area within the crypto industry, aiming to disrupt established financial systems and deliver financial services in a decentralized manner.

However, the latest charges against these centralized exchanges raise doubts about the future of DeFi. By targeting Binance and Coinbase for suspected violations of securities laws and operating unregistered exchanges, the regulator seems to be imposing its authority on an industry that thrives on independence and autonomy.

Here’s why such charges are terrible for DeFi.

Solana, Matic, Algorand and other tokens targeted

DeFi’s strength comes from its decentralized protocols, smart contracts and decentralized applications that empower users and eliminate the need for intermediaries. Nonetheless, such a legal conflict against centralized exchanges challenges the essential concepts of DeFi. It appears like regulators are seeking to suppress innovation and reestablish control over a fast-expanding business.

Moreover, the SEC’s accusations against Binance and Coinbase might have a chilling effect on DeFi projects, leading to uncertainty among developers and entrepreneurs about pursuing new and breakthrough concepts. This could hinder the potential expansion and evolution of DeFi, limiting its ability to disrupt and improve established financial institutions.

Related: Kevin O’Leary won’t rule out criminal charges in Binance ordeal

In the Binance lawsuit, the SEC argues that tokens such as Solana’s SOL (SOL), Cardano’s ADA (ADA), Polygon’s MATIC (MATIC), Filecoin (FIL), Cosmos’ ATOM (ATOM), The Sandbox’s SAND (SAND), Decentraland’s MANA (MANA), Algorand’s ALGO (ALGO), Axie Infinity Shards (AXS), and COTI (COTI) are securities. Another notable cryptocurrency deemed a security by the SEC is Ripple’s XRP (XRP).

Such charges have significant ramifications for the DeFi ecosystem, considering the high market capitalization and prominent position these cryptocurrencies have. The SEC’s allegations imply that they would need to conform to the legislation and registration procedures relevant to regular securities. This would introduce a huge barrier for the DeFi projects utilizing these coins and might potentially hinder their growth and innovation.

One immediate concern is the potential impact on liquidity and trading activity linked to these coins. If their categorization as securities limits market accessibility or results in a lessened price impact, it might drastically curtail the options accessible to DeFi customers. Moreover, this could impair the overall effectiveness and efficiency of decentralized protocols.

Binance’s BNB ecosystem would face a $200 million liquidation if its price were to fall below $220, according to DeFiLlama data.

Single largest liquidation in DeFi.

— whalechart (@WhaleChart) June 9, 2023

Another concern arises from the compliance duties created by recognizing these coins as securities. DeFi projects would face higher expenses and administrative difficulties, deterring smaller initiatives or firms from entering the DeFi industry. This could result in a reduction in innovation and a restricted range of services offered to users.

Furthermore, the ramifications of these allegations extend beyond the specific coins cited in the lawsuit. The uncertainty surrounding the regulatory status of various tokens within the DeFi ecosystem has the potential to exert a ripple effect on the sector as a whole. Market participants may display reluctance to participate with tokens that could potentially be classified as securities, weakening investor confidence and limiting overall market growth.

Unlevel playing field

The charges against Binance and Coinbase by the SEC can be perceived as giving traditional banking institutions an unfair advantage over DeFi. The financial crisis of 2008 uncovered several examples of fraudulent operations, risky behavior and bad management within the traditional banking sector. Despite their role in contributing to the crisis, many banks got government bailouts to prevent their collapse. This liberal approach allowed them to continue functioning without suffering significant consequences for their actions.

In contrast, the crypto exchanges, such as Binance and Coinbase, are now being sued for alleged violations of securities laws and operating unregistered exchanges. This gap in treatment raises concerns about justice and equal opportunity. It seems that traditional financial institutions are offered second chances and support, but crypto exchanges are instantly subjected to legal action and regulatory crackdowns.

Related:Binance was wrong to boot Monero, ZCash and other privacy coins

Such a difference not only contradicts the concepts of fairness and accountability but also limits the growth and development of the growing crypto economy. Moreover, this biased approach risks producing an unlevel playing field. Traditional financial organizations are subject to well-established rules and have the capacity to negotiate difficult compliance obligations, while crypto exchanges may struggle to satisfy these stringent criteria.

This discrepancy in resources and regulatory load puts crypto exchanges at a disadvantage, hampering their capacity to compete and innovate. This mismatch in regulatory treatment may hamper the fair playing field for DeFi ventures, limiting their ability to compete and develop against established financial firms.

Brain drain and talent migration

The availability of resources and financing frequently drives talent mobility. Countries or locations that have a robust investor community, well-established fundraising networks, and access to finance tend to attract top talent. These tools provide the necessary support for entrepreneurs and innovators to bring their ideas to fruition. Lack of financing and resources in certain places can encourage talent to relocate to areas where they have better access to these critical aspects.

Heightened regulatory measures against DeFi exchanges can lead to a skill drain within the ecosystem. Skilled professionals and entrepreneurs may choose to quit the DeFi industry or relocate to jurisdictions with more favorable regulatory conditions. This brain drain can deprive the DeFi business of valuable experience and limit the development of creative solutions.

For example, China’s crackdown on cryptocurrency and ICO-related activities in 2017 led to the movement of talent and crypto-related enterprises to more crypto-friendly jurisdictions like Singapore, Switzerland, and Malta. This move led to these countries attracting considerable blockchain and DeFi innovation.

Disincentive for institutional adoption

Regulatory measures against Binance and Coinbase can create a deterrent for institutional investors to join the DeFi ecosystem. Institutions typically seek regulatory clarity and compliance while selecting investments. Uncertainty and regulatory scrutiny surrounding DeFi exchanges may dissuade institutional investors from entering the market, reducing the inflow of institutional money that can contribute to the growth and maturation of DeFi.

For example, the SEC’s reluctance to approve a Bitcoin exchange-traded fund in the United States due to worries over market manipulation and a lack of regulatory control has caused many institutional investors to be wary about entering the cryptosphere. Furthermore, the SEC’s rejection was correlated with major declines in Bitcoin’s price, demonstrating that negative regulatory developments can impact price volatility and thereby damage investor confidence.

Ultimately, the outcome of these allegations and regulatory measures will influence the destiny of DeFi. It is vital for regulators to assess the potential of disruptive technologies and ensure that their actions do not hinder their growth or deter innovation. Striking the right balance between regulation and decentralization is important to unlock the full potential of DeFi and usher in a new era of financial inclusiveness and empowerment.

Guneet Kaur joined Cointelegraph as an editor in 2021. She holds a master of science in financial technology from the University of Stirling and an MBA from India’s Guru Nanak Dev University.

This article is for general information purposes and is not intended to be and should not be taken as legal or investment advice. The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

SEC charges against Binance and Coinbase are terrible for DeFi - iCoinMarket (2024)

FAQs

SEC charges against Binance and Coinbase are terrible for DeFi - iCoinMarket? ›

The SEC's allegations imply that they would need to conform to the legislation and registration procedures relevant to regular securities. This would introduce a huge barrier for the DeFi projects utilizing these coins and might potentially hinder their growth and innovation.

What is the issue with Coinbase and SEC? ›

In Coinbase, the SEC alleged that Coinbase and its holding company committed securities violations by failing to register as an exchange, broker, and clearing agency in violation of Exchange Act Sections 5, 15(a), and 17A(b), while offering trading in 13 third-party tokens claimed by the SEC to be securities.

What is the SEC issue with Binance? ›

The SEC's concerns stem from Binance's unregulated promotion and sale of investment products in the Philippines, violating local securities laws. The heart of the issue lies in Binance's engagement in activities for which it lacks the necessary authorization in the Philippines.

Why is Binance in trouble? ›

The SEC has accused Binance, Zhao and the exchange's U.S. arm of artificially inflating its trading volumes, diverting customer funds, failing to restrict U.S. customers from its platform and misleading investors about its market surveillance controls.

Is Binance going to collapse? ›

CZ: Binance 'will be fine'

"Binance will be fine," Zhao wrote in an internal memo to staff as he resigned from the CEO role. "I will have to deal with some pain, but will survive. We will get through, although with some changes in structure. It might not be a bad thing when we look back in a few years time."

Is Coinbase going to go under? ›

Coinbase doesn't appear to be on the verge of bankruptcy, but it's always worth securing your investments. You can avoid this loss entirely by ... Will Coinbase go bankrupt in the next 2-to-3 years? There's no way to know for sure, but it's unlikely that Coinbase will go bankrupt in the next two to three years.

Why is the SEC going after Coinbase? ›

The SEC sued Coinbase in June, claiming that, beginning in 2019, Coinbase made billions of dollars illegally promoting the sale of securities. The SEC claims Coinbase has failed to register, as required, as an exchange, a broker and a clearing agency.

Why did the US ban Binance? ›

Without an effective AML program, Binance caused transactions between U.S. users and users in jurisdictions subject to U.S. sanctions. These illegal transactions were a clear and foreseeable result of Zhao's decision to prioritize Binance's profit and growth over compliance with the BSA.

Why is Binance not allowed in US? ›

The suspension reportedly came a week after Binance's founder and former CEO Zhao, also known as CZ, pleaded guilty to charges of violating U.S Anti-Money Laundering policies on Nov. 21, 2023. In December 2023, a U.S. federal court subsequently accepted Zhao's guilty plea to one count of Bank Secrecy Act violations.

What will happen if Binance shuts down? ›

Depending on the reason for the shutdown, Binance could face legal actions, asset freezes, or hacking attempts that could jeopardize the security and availability of the funds. Users who store their crypto assets on Binance would risk losing their money or having to wait for a long time to get it back.

Why are people leaving Binance? ›

Key Binance executives who have been helping the world's biggest cryptocurrency exchange navigate a widening regulatory crisis, including US allegations of fraud, are leaving the company along with many of its US employees, according to people familiar with the matter.

Why can't i get my money from Binance? ›

Users cannot withdraw USD without first converting it to stablecoins or another digital asset.

Will Binance survive? ›

The company will survive, however, even though its founder and CEO, Changpeng Zhao, was forced to step down as part of his plea agreement. In the world of federal white-collar prosecutions, where the government usually gets what it wants, Binance's survival is a victory for the defense.

Should I leave Binance? ›

Binance is one of the safer exchanges compared to others. So if you're actively trading crypto and need to keep it on an exchange, Binance is a pretty secure choice. However, if you're holding large amounts of crypto long term, a private hardware wallet may be a better choice than keeping it on an exchange.

Did people lose money with Binance? ›

NEW YORK, March 8 (Reuters) - A federal appeals court on Friday revived a lawsuit where investors accused Binance, the world's largest cryptocurrency exchange, of violating U.S. securities laws by selling unregistered tokens that lost much of their value.

How do you get your money out of Binance? ›

On the web
  1. Click Wallet in the top menu bar.
  2. Click Withdraw.
  3. Select US Dollar from the list.
  4. If you need to add a payment method, select Add Payment Method, then Bank Transfer. ...
  5. Select your ACH account, enter the withdrawal amount, and click Preview Withdrawal.
Mar 28, 2024

Did Coinbase receive a warning from the SEC? ›

Coinbase Global Inc. said it received a notice from the SEC formally declaring the securities regulator's plans to bring an enforcement action against the largest US crypto exchange, the latest development in a long-running dispute between the watchdog and the digital-asset company.

Why is the SEC trying to regulate crypto? ›

Reasons for SEC Enforcement of Cryptocurrencies

Disclosure standards: By regulating crypto markets under securities laws, the SEC is hoping to make these enterprises provide more accurate and thorough information to the public, enabling investors to make more informed decisions.

Is Coinbase in financial trouble? ›

Coinbase (NASDAQ: COIN), one of the largest brokerage and exchange operators in the industry, has benefited tremendously. The cryptocurrency enterprise reported revenue growth of 50% in the most recent quarter (Q4 2023 ended Dec. 31), as trading volumes picked up amid market enthusiasm.

What is the SEC vs Ripple case about? ›

The case began in December 2020 when the SEC filed suit against Ripple Labs and its executives, alleging that they violated federal securities laws by selling XRP to both institutional and retail customers.

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