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
US September PPI Preview: Will Inflation Surprise Again? US Stocks, Dollar and Gold Face Key Test On October 15, US Eastern Time, the U.S. is set to release the September Producer Price Index (PPI). The September CPI released this Wednesday was notably higher than market expectations,
Author  TradingKey
12 hours ago
On October 15, US Eastern Time, the U.S. is set to release the September Producer Price Index (PPI). The September CPI released this Wednesday was notably higher than market expectations,
placeholder
Gold Price Analysis Today | Forex Gold Analysis | XAU/USD Analysis - October 15, 2026Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 15, 2026. Read on for the details.
Author  Mitrade
14 hours ago
Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 15, 2026. Read on for the details.
placeholder
Gold defends $4,100 as BofA targets a break below $4,000 — why the Middle East bid is missingSpot gold flushed to $4,099.89, a whisker above October's $4,090 low, then rebounded to close at $4,138.25 (+0.82%) — even as US CPI ran hot. Bank of America sees gold below $4,000 within three months, citing shrinking demand and official-sector selling. Here are the levels, the drivers and what would flip the script.
Author  Irene Q.
14 hours ago
Spot gold flushed to $4,099.89, a whisker above October's $4,090 low, then rebounded to close at $4,138.25 (+0.82%) — even as US CPI ran hot. Bank of America sees gold below $4,000 within three months, citing shrinking demand and official-sector selling. Here are the levels, the drivers and what would flip the script.
placeholder
US September CPI recap: inflation hits 3.7% as core runs hot — is an October Fed hike back on the table?September CPI landed hot: headline 3.7% y/y, core 2.6% y/y and 0.3% m/m. October hike odds jumped from ~22% to ~37% — yet the dollar faded to 101.74, gold closed higher and the S&P 500 fell 1.11%. Here is the full repricing, the levels and what to watch next.
Author  Irene Q.
15 hours ago
September CPI landed hot: headline 3.7% y/y, core 2.6% y/y and 0.3% m/m. October hike odds jumped from ~22% to ~37% — yet the dollar faded to 101.74, gold closed higher and the S&P 500 fell 1.11%. Here is the full repricing, the levels and what to watch next.
placeholder
Today’s Market Recap: September CPI Beat Ignites Rate-Hike Concerns; U.S. Stocks Fall Broadly, Oracle Drops Over 8%, SK Hynix Slips More Than 6%On October 14, Eastern Time, U.S. September CPI data came in higher than market expectations, fueling expectations of a Fed rate hike in October and dampening mar
Author  TradingKey
19 hours ago
On October 14, Eastern Time, U.S. September CPI data came in higher than market expectations, fueling expectations of a Fed rate hike in October and dampening mar
Related Instrument
goTop
quote