Judge dismisses part of SEC case against Binance, big win for secondary market sales of crypto

Source Fxstreet
  • US District Judge Amy Berman Jackson dismissed the SEC’s claim that secondary sales of BNB token qualify as securities. 
  • Bulk of the agency's lawsuit against Binance can proceed per the Judge's ruling.
  • The Judge cited a ruling from the Ripple case where the economic reality of transactions matters when applying Howey Test. 
  • BNB lost nearly 3% of its value in the past week, Binance’s native token trades at $571.40 on Saturday. 

A US Judge offered market participants clarity on the secondary market sales of digital assets and dismissed part of the Securities and Exchange Commission’s (SEC) lawsuit against Binance. In the lawsuit the SEC claims that the secondary market sales, or sales on an exchange, of the native token Binance Coin (BNB) qualify as a security. 

The ruling Judge cited a ruling from the SEC vs. Ripple lawsuit, marking a big win for crypto traders. 

Bulk of SEC lawsuit against Binance can proceed

Judge Amy Berman Jackson dismissed part of the SEC’s lawsuit against Binance on Friday. The ruling marks a milestone for crypto traders; it was determined that secondary sales of Binance’s BNB token do not qualify as securities under the Howey Test. 

Of 13 counts, 10 will proceed entirely and two partically. One count is entirely dismissed post Judge Jackson's ruling. The count that was entirely dismissed is related to the sales of Binance USD (BUSD), a stablecoin that is now partially defunct. 

BNB

SEC vs. Binance

Judge Jackson says that the government’s reliance on the assertion that crypto assets are the embodiment of investment contracts is not enough to treat BNB’s secondary market sales as securities. Ripple proponent attorney Bill Morgan explains Judge Jackson's ruling and why it matters in a recent tweet on X:

In her ruling in the SEC vs. Ripple lawsuit, Judge Analisa Torres says that secondary market sales of XRP do not satisfy the Howey test and therefore are not investment contracts. 

The SEC has been pushing the theory that crypto tokens may not be securities, they are investment contracts. Judge Jackson’s ruling brings relief to crypto traders on the issue of secondary market sales of cryptocurrencies and concludes that assets are not investment contracts since they do not satisfy the Howey test. 

BNB loses 3% value this week

Binance coin (BNB) has been in a state of decline since June 6 high of $721.80. BNB dropped to June 24 low of $551.20. The momentum indicator Moving Average Convergence Divergence (MACD) shows underlying negative momentum in BNB’s price trend. 

BNB could rally towards $591.50, the 23.6% of the Fibonacci retracement level of the decline from June 6 to 24. 

BNB

BNB/USDT daily chart

Binance coin could find support at the June 24 low of $551.20, as seen in the chart above. BNB trades at $571.40, at the time of writing. 

Disclaimer: For information purposes only. Past performance is not indicative of future results.
placeholder
Gold Price Forecast: XAU/USD climbs above $4,250 as Fed rate cut weakens US DollarGold price (XAU/USD) rises to seven-week highs near $4,275 during the early Asian session on Friday. The precious metal extends its upside as the US Federal Reserve’s (Fed) quarter-point rate cut drags the US Dollar (USD) lower. 
Author  FXStreet
Dec 12, Fri
Gold price (XAU/USD) rises to seven-week highs near $4,275 during the early Asian session on Friday. The precious metal extends its upside as the US Federal Reserve’s (Fed) quarter-point rate cut drags the US Dollar (USD) lower. 
placeholder
Macro Analysts: Hawkish Japan Could Push Bitcoin Below $70KAnalysts predict Bitcoin may face further declines towards the $70,000 mark if the Bank of Japan raises interest rates as expected.
Author  Mitrade
Dec 15, Mon
Analysts predict Bitcoin may face further declines towards the $70,000 mark if the Bank of Japan raises interest rates as expected.
placeholder
Gold declines on profit-taking, USD strength ahead of US CPI releaseGold price (XAU/USD) edges lower below $4,350 during the Asian trading hours on Thursday. The precious metal retreats from seven-week highs amid some profit-taking and a rebound in the US Dollar (USD).
Author  FXStreet
20 hours ago
Gold price (XAU/USD) edges lower below $4,350 during the Asian trading hours on Thursday. The precious metal retreats from seven-week highs amid some profit-taking and a rebound in the US Dollar (USD).
placeholder
Bitcoin Hits $90K as Crypto Market Surge Wipes Out $120M in Short PositionsBitcoin ascended to $90,000 before a swift correction, impacting both long and short positions.Liquidity maneuvers continue to dominate BTC's short-term price dynamics, with recent sessions squeezing short sellers.
Author  Mitrade
19 hours ago
Bitcoin ascended to $90,000 before a swift correction, impacting both long and short positions.Liquidity maneuvers continue to dominate BTC's short-term price dynamics, with recent sessions squeezing short sellers.
placeholder
When is the BoJ rate decision and how could it affect USD/JPY?The Bank of Japan (BoJ) will announce its interest rate decision between 03.30 and 05.00 GMT, followed by Governor Kazuo Ueda's press conference at 06.30 GMT.
Author  FXStreet
2 hours ago
The Bank of Japan (BoJ) will announce its interest rate decision between 03.30 and 05.00 GMT, followed by Governor Kazuo Ueda's press conference at 06.30 GMT.
goTop
quote