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
Crude Oil Price Forecast: Brent Nears $110 Amid Saudi Pipeline Outage, How Much Further Can Oil Rise?Supply risks in the Middle East continue to heat up, with international oil prices fluctuating at high levels.During Tuesday's Asian trading session, Brent crude futures (UKOIL-F) rose to
Author  TradingKey
13 hours ago
Supply risks in the Middle East continue to heat up, with international oil prices fluctuating at high levels.During Tuesday's Asian trading session, Brent crude futures (UKOIL-F) rose to
placeholder
【Daily Brief】10-year Treasury yield briefly tops 5%, S&P 500 slips to 7,602 and the dollar firms at 99.3 as the Fed's decision eve beginsThe 10-year Treasury yield touched 5.014% on Monday — its first print above 5% since October 2023 — while the S&P 500 closed 0.48% lower at 7,619.98 and the dollar index firmed to 99.3. Here is the full market wrap ahead of Wednesday's FOMC decision, the dot plot and the August retail sales report, plus today's CLARITY Act Senate vote.
Author  Irene Q.
14 hours ago
The 10-year Treasury yield touched 5.014% on Monday — its first print above 5% since October 2023 — while the S&P 500 closed 0.48% lower at 7,619.98 and the dollar index firmed to 99.3. Here is the full market wrap ahead of Wednesday's FOMC decision, the dot plot and the August retail sales report, plus today's CLARITY Act Senate vote.
placeholder
Gold falls below $4,300 as higher US yields bolster Fed rate hike betsGold price (XAU/USD) tumbles to near $4,295 during the early Asian session on Tuesday. The precious metal faces some selling pressure as rising bond yields and surging energy prices strengthen expectations that the US Federal Reserve (Fed) will raise interest rates this week. 
Author  FXStreet
21 hours ago
Gold price (XAU/USD) tumbles to near $4,295 during the early Asian session on Tuesday. The precious metal faces some selling pressure as rising bond yields and surging energy prices strengthen expectations that the US Federal Reserve (Fed) will raise interest rates this week. 
placeholder
Silver Price Forecast: XAG/USD falls to near $63.50 amid Fed hike bets, higher oil pricesSilver price (XAG/USD) loses its gains from the previous day, trading around $63.50 per troy ounce during Asian hours on Monday. Non-yielding Silver is currently facing significant headwinds driven by rising Federal Reserve (Fed) rate-hike expectations for the upcoming September decision.
Author  FXStreet
Yesterday 10: 37
Silver price (XAG/USD) loses its gains from the previous day, trading around $63.50 per troy ounce during Asian hours on Monday. Non-yielding Silver is currently facing significant headwinds driven by rising Federal Reserve (Fed) rate-hike expectations for the upcoming September decision.
placeholder
Fed hike odds near 90% into Wednesday's decision — how to trade the dollar, gold and the S&P 500A 0.3% monthly core CPI print has lifted the market-implied probability of a 25bp Fed hike on 16 September to roughly 86.5% ~ 90%, which would be the first increase since July 2023. Here is the decision timeline, the pricing versus the forecasts, both scenarios, and the key levels for the dollar, gold and the S&P 500.
Author  Suzie
Yesterday 07: 49
A 0.3% monthly core CPI print has lifted the market-implied probability of a 25bp Fed hike on 16 September to roughly 86.5% ~ 90%, which would be the first increase since July 2023. Here is the decision timeline, the pricing versus the forecasts, both scenarios, and the key levels for the dollar, gold and the S&P 500.
Related Instrument
goTop
quote