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
Brent Crude Oil Price Forecast: Trump Eases Sanctions on Russia, Oil Prices Under Pressure Below $110, Can They Still Rise?On Monday (October 19), Brent (UKOIL) crude oil prices fell noticeably at the open today after a sharp rally last Friday. As of press time, oil prices were down about 2.1%, trading near $
Author  TradingKey
12 hours ago
On Monday (October 19), Brent (UKOIL) crude oil prices fell noticeably at the open today after a sharp rally last Friday. As of press time, oil prices were down about 2.1%, trading near $
placeholder
Bitcoin's double top at $88,000: why $78,000 is the line that decides the next moveBitcoin trades near $82,500 (+0.47%) after twice failing at the $88,000 area, forming a potential double top with a neckline at $78,000. A break below the neckline would project a measured target near $68,200; a close back above $88,000 would invalidate the pattern. Here are the structure, the levels and what would confirm either side.
Author  Suzie
16 hours ago
Bitcoin trades near $82,500 (+0.47%) after twice failing at the $88,000 area, forming a potential double top with a neckline at $78,000. A break below the neckline would project a measured target near $68,200; a close back above $88,000 would invalidate the pattern. Here are the structure, the levels and what would confirm either side.
placeholder
Brent slips from $110 as Russian supply prospects return — is the five-month rally over?Brent crude traded near $108.06 on Monday (-1.71%), pulling back from last week's $110 high after Washington moved to ease restrictions on Russian oil flows. WTI hovered around $101 before dipping below $99. The retreat is real, but so is the supply-risk premium: Hormuz shipping disruptions, attacks on Saudi energy infrastructure and strikes on Russian refineries remain live. Here are the three numbers, the transmission chain and the levels that matter.
Author  Irene Q.
16 hours ago
Brent crude traded near $108.06 on Monday (-1.71%), pulling back from last week's $110 high after Washington moved to ease restrictions on Russian oil flows. WTI hovered around $101 before dipping below $99. The retreat is real, but so is the supply-risk premium: Hormuz shipping disruptions, attacks on Saudi energy infrastructure and strikes on Russian refineries remain live. Here are the three numbers, the transmission chain and the levels that matter.
placeholder
Gold retests $4,200 as dollar and yields retreat — can bullion clear its hardest level?Spot gold traded near $4,175 on Monday (+0.23%), with an intraday high of $4,187.71 after last week's $4,073 ~ $4,217 range; COMEX futures briefly topped $4,200. The dollar slipped to 101.76 and 10-year yields eased from their highs, but October Fed hike odds near 52% and BofA's sub-$4,000 call still cap the upside. Here are the drivers, the levels and what would flip the script.
Author  Irene Q.
17 hours ago
Spot gold traded near $4,175 on Monday (+0.23%), with an intraday high of $4,187.71 after last week's $4,073 ~ $4,217 range; COMEX futures briefly topped $4,200. The dollar slipped to 101.76 and 10-year yields eased from their highs, but October Fed hike odds near 52% and BofA's sub-$4,000 call still cap the upside. Here are the drivers, the levels and what would flip the script.
placeholder
Gold Price Analysis Today | Forex Gold Analysis | XAU/USD Analysis - October 19, 2026Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 19, 2026. Read on for the details.
Author  Mitrade
21 hours ago
Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 19, 2026. Read on for the details.
Related Instrument
goTop
quote