Page 15 - 期货和衍生品行业监管动态（2023年4月）

期货和衍生品行业监管动态

In its continuing litigation against the defendants, the agency seeks disgorgement,

civil monetary penalties, permanent trading and registration bans, and a permanent

injunction against further violations of the CEA and CFTC regulations, as charged.

“Today’s enforcement action demonstrates that there is no location, or claimed

lack of location, that will prevent the CFTC from protecting American investors. I have

been clear that the CFTC will continue to use all of its authority to find and stop
misconduct in the volatile and risky digital asset market,” said CFTC Chairman Rostin

Behnam. “For years, Binance knew they were violating CFTC rules, working actively

to both keep the money flowing and avoid compliance. This should be a warning to

anyone in the digital asset world that the CFTC will not tolerate willful avoidance of

U.S. law. I applaud the diligent and dedicated work of the CFTC’s Enforcement team

in bringing this action, and for their hard work in addressing illegal operations in the

digital asset space.”

“Defendants’ alleged willful evasion of U.S. law is at the core of the Commission’s

complaint against Binance. The defendants’ own emails and chats reflect that Binance’s

compliance efforts have been a sham and Binance deliberately chose – over and over –

to place profits over following the law,” said Gretchen Lowe, CFTC’s Enforcement

Division Principal Deputy Director and Chief Counsel. “Today’s enforcement action
reflects that the CFTC and its Enforcement Division will pursue those digital asset

platforms and individuals who flout and actively attempt to circumvent CFTC
regulatory requirements. I thank the Enforcement team for their dedication and hard

work in bringing this action.”

Case Background

According to the complaint, Binance has offered and executed commodity

derivatives transactions to and for U.S. persons from July 2019 through the present. As

alleged, Binance’s compliance program has been ineffective and, at Zhao’s direction,

Binance has instructed its employees and customers to circumvent compliance controls

in order to maximize corporate profits.

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