Binance and its founder, Changpeng “CZ” Zhao, have filed a motion in the District Court of Columbia to dismiss the lawsuit brought by the U.S. Securities and Exchange Commission (SEC). Binance argues that the SEC’s complaint does not meet legal standards. The company critiques the SEC’s approach of categorizing tokens traded as commodities, such as Bitcoin and Ether, as investment contracts.
Discussion of the Howey Test and Binance’s Defense
Binance claims that the SEC failed to adequately apply the Howey test in its complaint. The Howey test is used to determine whether an asset constitutes an investment contract. The company states that the SEC did not provide sufficient evidence to support claims that each token represents a separate investment contract and noted a lack of a framework to distinguish Bitcoin (BTC) 
$98,421 and Ether (ETH) from securities.
Ripple 
$2‘s Chief Legal Officer, Stuart Alderoty, criticized the SEC’s claims that cryptocurrencies lack inherent value. Binance also argued that the SEC did not explain the prosecution of third-party token developers. The company deemed it unnecessary to target only ten of these tokens.
Allegations Against BinanceUS and Legal Proceedings
BinanceUS contended that the SEC could not prove transactions on its platform are investment contracts. The company expressed that investors do not expect profits from the efforts of others through these transactions. Additionally, BinanceUS emphasized that the SEC’s token-based analyses are inadequate and that it did not offer a regulatory framework to differentiate tokens from securities and other assets.
BinanceUS also addressed the SEC’s accusations based on staking activities, stating that some claims lack legal grounding. The company argues that certain portions of the SEC lawsuit should be dismissed.
This move by Binance is considered a significant step regarding regulations in the cryptocurrency markets. The defense put forth by the company holds great importance for market regulation and cryptocurrency law. Meanwhile, following these developments, the price of BNB increased by 2%, reaching $685.20. Investors anticipate that CZ Zhao’s positive remarks could lead the token to reach $800.
This lawsuit is expected to shape future legal regulations in the cryptocurrency market. Binance’s defense could trigger an important discussion within the industry.
