Cointime

Download App
iOS & Android

Binance class-action lawsuit dismissal reversed by appeals court

Validated Media

A United States appeals court has overturned a ruling that dismissed a class-action lawsuit led by investors against cryptocurrency exchange Binance. The investors claimed they were deceived into thinking they were buying cryptocurrency tokens registered as securities.

According to a filing on March 8 with the United States Court of Appeals for the Second Circuit, the district court's ruling, which dismissed investors' allegations of transparency issues in Binance's sale of securities, has been overturned in favor of the investors.

“We hold that each of the district court’s bases for dismissing Plaintiffs’ claims that are before us on appeal was erroneous,” the filing stated.

Court filing in the United States Court of Appeals for the Second Circuit. Source: Storage Listener

Chase Williams filed the lawsuit in April 2020 on behalf of investors in a similar situation to him, arguing that Binance allegedly contracted to sell securities without being registered as a securities exchange or broker-dealer. 

Furthermore, the investors have bseeking to cancel the contracts they entered into with Binance.

“Plaintiffs seek damages arising from Binance’s alleged violation of Section 12(a)(1) of the Securities Act of 1933 (Securities Act), 15 U.S.C. § 77l(a)(1), which they claim occurred when Binance unlawfully promoted, offered, and sold billions of dollars’ worth of crypto-assets called “tokens,” which were not registered as securities.”

The district court dismissed the lawsuit, citing the investors' claims as being untimely according to the relevant statutes of limitations.

However, the appeals court agrees with the plaintiffs claims that Binance is subject to domestic securities laws and their initial filing was timely.

This comes as Binance continues to grapple with ongoing legal challenges from the U.S. securities regulator.

On March 6, Cointelegraph reported that the U.S. Securities and Exchange Commission (SEC) has been “unable or unwilling” to answer requests for information concerning the custody of customer assets.

The SEC sued Binance, Binance.US, and its founder and former CEO Changpeng “CZ” Zhao in June 2023, alleging they had sold unregistered securities and mixed customer assets in a separate firm Zhao controlled.

In November 2023, Binance reached a $4.3 billion settlement with the U.S. Department of Justice, admitting to violating U.S. money laundering and terrorism financing laws.

As part of the settlement, Zhao pleaded guilty to money laundering charges and faces his criminal sentencing hearing in April

Comments

All Comments

Recommended for you

  • Memeland: Runecoin airdrops for the Stakeland community are now complete

    On April 27th, Memeland posted on social media that their Runecoin airdrop for the Stakeland community has been fully completed.

  • USDC circulation increased by $300 million in the past week, reaching a total of $33.3 billion

    According to official data reported , as of April 25th, Circle has issued a total of 3.8 billion USDC and redeemed approximately 3.5 billion USDC in the past 7 days, with an increase in circulation of approximately 300 million US dollars. The total circulation of USDC is 33.3 billion US dollars, with a reserve of 33.5 billion US dollars, of which approximately 3.4 billion US dollars are in cash, and the Circle Reserve Fund holds approximately 30.1 billion US dollars.

  • Wu Jiezhuang, a member of the National Committee of the Chinese People's Political Consultative Conference, suggested that Hong Kong refer to IPO to provide innovative financing models for Web3

    Wu Jiezhuang, a member of the National Committee of the Chinese People's Political Consultative Conference and a member of the Hong Kong Legislative Council, wrote an article in the Hong Kong Wen Wei Po titled "Leading the Digital Economy by Adapting to the Web3 Trend". The article pointed out that developing Web3+ has both advantages and new challenges. The Hong Kong government has taken an important step in the direction of developing Web3 and the digital economy by formulating a short- to medium-term strategic development blueprint, ensuring that policies and resources are in place, and promoting the construction of Web3+ application scenarios. Focusing on Web3, establishing an international innovation financing platform can not only help Hong Kong leverage its traditional financial advantages, but also help it become a global digital technology center. It is suggested to refer to the mature mode of existing enterprises' IPOs in Hong Kong, provide an innovative financing model for Web3, and create a market trend and service competitive advantage to promote the development of the industry and attract upstream and downstream of the industry chain at home and abroad to gather in Hong Kong.

  • Grayscale transferred more than 1,000 BTC to Coinbase Prime address again last night

    According to Arkham data monitoring, the grayscale address transferred about 411 BTC to Coinbase Prime last night, and about 14 hours ago transferred 1003 BTC to Coinbase Prime address again, worth about $64.18 million.

  • Justin Sun has deposited 166 million USDT to Binance in the past 7 hours

    According to on-chain analyst @ai_9684xtpa, in the past 7 hours, Sun Yuchen has accumulated a total of 166 million USDT deposited into Binance.

  • An address transferred 8150 ETH to Galaxy Digital OTC address 8 hours ago

    According to on-chain analyst @ai_9684xtpa monitoring, 8 hours ago, address 0x4E8...fA555 transferred 8,150 ETH (valued at $25.64 million) to Galaxy Digital OTC address, suspected of commissioning sales.

  • Suspected Amber Group address withdraws 3 million SAFE from Gate.io

    Spot On Chain monitoring shows that wallet 0x011 (possibly Amber Group) withdrew 3 million SAFE tokens (worth $6.72 million) from Gate.io for the first time at a price of $2.25, six hours ago. It is worth noting that the price of SAFE has fallen by about 36% since April 23, 2024.

  • Franklin Ethereum ETF EZET listed on DTCC website

    COINOTAG has stated on the X platform that the Franklin Ethereum ETF EZET has been listed on the DTCC website.

  • Grayscale GBTC Bitcoin holdings fell below 300,000 BTC

    Official data from Grayscale shows that as of April 26th local time, GBTC's Bitcoin holdings have fallen below the 300,000 BTC mark to 298,445.4699 BTC, a decrease of approximately 2,167 BTC from the previous day. Additionally, GBTC's assets under management (non-GAAP) have decreased to $19,052,609,573.56, and its circulating shares have decreased to 335,190,100.

  • Hong Kong Investment Commission: Virtual asset spot ETFs can be bought and sold through banks

    Hong Kong investors and the Financial Education Committee have stated that the investment scope of spot virtual asset ETFs is limited to virtual assets (currently limited to Bitcoin and Ethereum) provided to the Hong Kong public for buying and selling on virtual asset trading platforms holding China Securities Regulatory Commission licenses. Trading counterparties must buy and sell virtual assets through licensed virtual asset trading platforms to reduce counterparty risks. Asset custody must be entrusted to designated institutions regulated in Hong Kong, such as licensed virtual asset trading platforms, banks, or their subsidiaries registered in Hong Kong, to reduce custody risks. Investors can buy and sell virtual asset spot ETFs through securities firms or banks. Some virtual asset spot ETFs also provide non-listed fund unit categories, which operate similarly to non-listed funds. Investors can apply for and redeem units through securities firms or banks.