Binance vs. SEC: Here’s What To Expect on September 11th Hearing

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Binance, one of the world’s leading cryptocurrency exchanges, prepares to engage in a courtroom battle with the U.S. Securities and Exchange Commission (SEC). The critical deadline for Binance to reply to the SEC’s opposition falls on September 11, 2023. The repercussions of this legal clash have the potential to reverberate throughout the cryptocurrency industry.

Twitter Sparks Legal Debate

This legal dispute captured public attention when Tony Podlaski, a prominent figure within the cryptocurrency community, took to Twitter to share the news. In his tweet, he highlighted the necessity for Binance to deliver a response to the SEC’s opposition to their request for a protective order and the SEC’s motion to file sealed documents within the specified timeframe.

Tomorrow #Binance must respond to the SEC's opposition to their protective order request and the SEC's motion to file sealed documents. If the protective order is denied and motions to compel & provide relief are granted, they won't be able to hide the truth much longer. $BNB

— Tony Podlaski (@tpodlaski) September 10, 2023

Possible Outcome in Sept 11th Hearing

In response to the tweet, John E. Deaton expressed his curiosity regarding whether Binance would contest the SEC’s motion to seal specific documents, reported to encompass more than 30 exhibits. Deaton hinted that Binance’s response could potentially illuminate the nature and significance of these documents.

As I said on @CryptoLawUS and other channels, it will be interesting to see whether @binance objects to the SEC’s Motion to Seal certain documents (over 30 plus exhibits). Binance’s response could be insightful regarding the nature of the documents. https://t.co/j7Gt5Wn7nH

— John E Deaton (@JohnEDeaton1) September 10, 2023

Joint Stipulation and Proposed Order

On September 5, legal representatives for the U.S. SEC, Binance.US, BAM Trading Services, and BAM Management US Holdings jointly submitted a stipulation and proposed order. In legal terms, a stipulation signifies a formal agreement between opposing parties ahead of an impending hearing or trial.

The filing revolves around Binance.US’s plea for a protective order and the SEC’s opposition to it. Binance.US contends that the SEC’s demands exceed the scope of the previously established consent order. They seek an order to halt depositions of Binance.US’ CEO and CFO and to reject certain unrelated demands from the SEC.

Both parties have concurred on the submission of a single memorandum in response to the SEC’s opposition and motion to file documents under seal. They have jointly requested a court order related to the submission of opposition by BAM Trading Services and BAM Management US Holdings, with a scheduled date of September 11.

What Judge Jackson Is Expected to Do

What Will Likely Happen Regarding Binance’s Recent Motion for a Protective Order In The SEC/Binance Case

There’s clearly a discovery storm brewing between the SEC and Binance. Among other gripes, the U.S. arm of crypto exchange Binance Holdings is fighting an attempt by the U.S.… pic.twitter.com/LzTjsMeMWp

— John Reed Stark (@JohnReedStark) August 16, 2023

In cases involving financial investigations and civil enforcement actions, such as this one, disputes frequently arise over the extent of document requests, testimonies, depositions, and other information. Judges often seek a balance between the interests of the opposing parties, often resorting to mediation or appointing a magistrate judge to oversee the discovery process.

It is speculated that Judge Jackson will likely appoint an experienced D.C. magistrate judge to expedite the resolution of the dispute. This approach might involve setting deadlines and hearing dates to ensure the case progresses smoothly. Furthermore, Judge Jackson may make decisions even before the SEC responds to Binance’s allegations, which are expected to contain substantial evidence of Binance’s alleged misconduct.

Conclusion

While the outcome of this legal battle remains uncertain, one thing remains clear: the cryptocurrency industry is closely monitoring the SEC’s actions against Binance. As the September 11 deadline looms, the crypto community eagerly anticipates Judge Jackson’s decisions and any potential revelations that may emerge from this high-stakes courtroom confrontation. In the world of cryptocurrency, where uncertainty is ever-present, making informed conjectures is an integral part of the game.

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