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
Bitcoin Volatility Spikes: Is Options-Driven Pricing Making a Comeback?Bitcoin's volatility is surging, suggesting a shift back to options-driven price action seen before Bitcoin ETFs were launched.
Author  Mitrade
Nov 24, Mon
Bitcoin's volatility is surging, suggesting a shift back to options-driven price action seen before Bitcoin ETFs were launched.
placeholder
2025 Black Friday is coming! Which stocks may see volatility?Coming on the day right after Thanksgiving in the United States, Back Friday marks the start of the holiday shopping season. Sales data from this shopping frenzy day reflects investor confidence and consumer trends. The National Retail Federation (NRF) predicts that holiday season (Nov and Dec) retail sales in 2025 will likely exceed $1 trillion for the very first time, which represents a year-over-year increase of 3.7 to 4.2 percent. Historic data from the past decade show that the retail sector has generally outperformed the S&P 500 during the weeks before and after Black Friday. The following retailing companies are expected to be big winners:
Author  Insights
Nov 24, Mon
Coming on the day right after Thanksgiving in the United States, Back Friday marks the start of the holiday shopping season. Sales data from this shopping frenzy day reflects investor confidence and consumer trends. The National Retail Federation (NRF) predicts that holiday season (Nov and Dec) retail sales in 2025 will likely exceed $1 trillion for the very first time, which represents a year-over-year increase of 3.7 to 4.2 percent. Historic data from the past decade show that the retail sector has generally outperformed the S&P 500 during the weeks before and after Black Friday. The following retailing companies are expected to be big winners:
placeholder
Bitcoin Bleeds to $86K, But This Key Indicator Screams "The Top Isn't In"Bitcoin’s adjusted Spent Output Profit Ratio (aSOPR) has spent nearly two years coiling below the extremes seen at past bull-market peaks, even as BTC trades around $86,300 and down 9% on the week — a setup that leaves open the possibility that this cycle’s true top may still lie ahead.
Author  Mitrade
Nov 25, Tue
Bitcoin’s adjusted Spent Output Profit Ratio (aSOPR) has spent nearly two years coiling below the extremes seen at past bull-market peaks, even as BTC trades around $86,300 and down 9% on the week — a setup that leaves open the possibility that this cycle’s true top may still lie ahead.
placeholder
Bitcoin Price Rebound Gains Traction with $90K Break in SightBitcoin is trading above $87,000 and its 100-hour SMA after rebounding from $83,500, with a bearish trend line at $88,200 and resistance at $89,000–$90,000 now in focus as BTC either breaks higher toward $91,750–$94,000 or slips back toward $86,700, $85,000 and lower supports.
Author  Mitrade
Yesterday 02: 58
Bitcoin is trading above $87,000 and its 100-hour SMA after rebounding from $83,500, with a bearish trend line at $88,200 and resistance at $89,000–$90,000 now in focus as BTC either breaks higher toward $91,750–$94,000 or slips back toward $86,700, $85,000 and lower supports.
placeholder
Bitcoin Targets $89K Breakout as S&P 500 Nears ATH on Fed Rate Cut HopesBitcoin price action shows signs of a potential short squeeze as it hovers near $88,000, with analysts watching liquidity dynamics that could push it toward $89,000 or retrace to $85,000.
Author  Mitrade
2 hours ago
Bitcoin price action shows signs of a potential short squeeze as it hovers near $88,000, with analysts watching liquidity dynamics that could push it toward $89,000 or retrace to $85,000.
goTop
quote