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United States

US Justice Dept Split Over Charging Binance as Crypto World Falters (reuters.com) 41

Splits between U.S. Department of Justice prosecutors are delaying the conclusion of a long-running criminal investigation into the world's largest cryptocurrency exchange Binance, Reuters reported Monday, citing people familiar with the matter. From the report: The investigation began in 2018 and is focused on Binance's compliance with U.S. anti-money laundering laws and sanctions, these people said. Some of the at least half dozen federal prosecutors involved in the case believe the evidence already gathered justifies moving aggressively against the exchange and filing criminal charges against individual executives including founder Changpeng Zhao, said two of the sources. Others have argued taking time to review more evidence, the sources said.

The inquiry involves prosecutors at three Justice Department offices: the Money Laundering and Asset Recovery Section, known as MLARS, the U.S. Attorney's Office for the Western District of Washington in Seattle and the National Cryptocurrency Enforcement Team. Justice Department regulations say that money laundering charges against a financial institution must be approved by the MLARS chief. Leaders from the other two offices, along with higher-level DOJ officials, would likely also have to sign off on any action against Binance, three of the sources said.

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US Justice Dept Split Over Charging Binance as Crypto World Falters

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  • by SirDrinksAlot ( 226001 ) on Monday December 12, 2022 @08:58AM (#63123780) Journal
    I'd like to know who in the DOJ invests in crypto and are they the ones who are at odds with doing anything about anyone?
    • by rsilvergun ( 571051 ) on Monday December 12, 2022 @11:10AM (#63124108)
      a good chunk of them are probably just asking if they can get a conviction. That I can get behind. No sense spending resources if you're not gonna get a conviction.

      But a lot of people in the gov't are genuinely letting crypto roam free because they don't want to destroy a nascent "industry".

      It's a kind of blind devotion to the tenets of capitalism where economically and socially destructive industry cannot be shut down so long as they're profitable. The "market" decides everything, and if it makes money you don't consider the harm caused unless the harm falls under the category of something traditionally thought of as illegal. i.e. murder, theft or something that facilitates murder & theft.

      This is why the SEC let crypto scams fester for so long. It's what happens when you take laissez faire too far. You get crooks and scammers allowed to do as they please so long as the amount of victims doesn't get too high.
      • One might say that most regulations are the result of taking laissez faire too far.

        • It is kind of annoying how regulations tend to be reactive. In other words they wait until after the disaster hits. Honestly I could just barely live with that but what I really hate is when people forget the reason why we have the regulations in the first place because the problem isn't happening anymore because the regulations are preventing the problem from happening.

          Since Ronald Reagan I've watched regulation after regulation dismantled under the guise of no longer being necessary because the probl
          • Regulating would give a false air of legitimacy to the crypto sector - and that would hurt rather than help. The regulators should just come out and say "we're not regulating because we think crypto is all worth zero and we don't want to get involved. You can get involved AT YOUR OWN RISK, and do not expect any help whatsoever when it turns sour,"
  • by tomhath ( 637240 ) on Monday December 12, 2022 @09:02AM (#63123784)

    Justice Department regulations say that money laundering charges against a financial institution must be approved by the MLARS chief. Leaders from the other two offices, along with higher-level DOJ officials, would likely also have to sign off on any action against Binance, three of the sources said.

    FTX executives "donated" tens of millions of dollars to various politicians. Did Binance do the same? That would explain inaction.

    • Re: (Score:3, Interesting)

      That would explain inaction

      Or the fact that they are in fact seeking criminal conviction. You only get one chance to do it correctly and criminal cases are ones that the penalty is your fundamental rights being taken away for long periods of time. So yeah, this kind of large case that has a ton at stake, with plenty of opportunities for plaintiff to just go "I was not aware that . . . was going on", you don't just rush in there. The DoJ has all kinds within it, from cynically cautious to hotshots with everything to prove.

      They are

    • Justice Department regulations say that money laundering charges against a financial institution must be approved by the MLARS chief. Leaders from the other two offices, along with higher-level DOJ officials, would likely also have to sign off on any action against Binance, three of the sources said.

      FTX executives "donated" tens of millions of dollars to various politicians. Did Binance do the same? That would explain inaction.

      Well here's the important bit from the summary (emphasis added):

      The investigation began in 2018 and is focused on Binance's compliance with U.S. anti-money laundering laws and sanctions, these people said.

      FTX didn't even exist in 2018. I'm sure there's people looking into FTX now but absent incontrovertible evidence of guilt they're going to need time to investigate and gather evidence before laying charges.

      This Binance probe sounds more like an attempt to go after the industry as a whole, ie, is someone

    • and neither of them donated nearly enough money to move the needle. There's a story I remember from years ago of a multi-millionaire complaining they couldn't get the time of day from a Congressman what with all the billionaires buying them off.

      This is probably DOJ wondering if they can get a conviction or not combined with the general Laissez-faire approach to business we take in America. DOJ waits until after the damage is done to do anything in most cases.
      • by tsqr ( 808554 )

        Bankman-Freid was the #2 individual contributor to Democratic candidates and causes, behind George Soros. We'll find out how far that "moved the needle" when he testifies before Congress.

  • The charges are all varieties of bogus money laundering and licensing charges NOT failure to hold proper reserves or going belly up. Prosecutors don't care about the little guys, just that government power got snubbed.
    • These are criminal charges. The little guys need to file for civil. Prosecutors are focusing on the merits related to stripping people's inalienable rights away for long stretches of time. So yeah, they aren't focusing on people losing money because that's not what this case is about. Civil restitution is a lot easier if the defendant is already convicted of criminal charges, so in a way prosecutors are indeed helping "the little guy" here, but that's not their focus.

    • Re:Of course (Score:5, Insightful)

      by Inglix the Mad ( 576601 ) on Monday December 12, 2022 @10:00AM (#63123896)

      The charges are all varieties of bogus money laundering and licensing charges NOT failure to hold proper reserves or going belly up. Prosecutors don't care about the little guys, just that government power got snubbed.

      You do realize that crypto is a (mostly) unregulated "investment" FTX was not treated as a bank by the FDIC, nor had their holdings inspected, blah blah blah.

      I remember all the CryptoBros yelling about "fake fiat currency" harping on how useless the Fed and FDIC were and so on while touting various coins.

      I mean, a real "Sorry, but not sorry." moment here but... what did you expect? The whole point of crypto was that it was separate from the evil Fed / FDIC / other fiat nation banking controls.

      • Perhaps now would also be a great time to point out that Binance (not Binance.us) is a Taiwanese company that kicked Americans off its platform in 2018/2019.

  • This seems typical of government. A year ago, Ted Cruz hallmarked a major BTC/cryptocurrency conference in Austin that was $450+ to go to, perhaps more if you wanted to hear some bigwigs bloviate. Nobody cared that FTX or whatnot could implode, and we always got people either talking chatter about death crosses, and other investobabble, as well as always asserting that BTC is a real currency due to it having energy put into it, is 100% secure, immune to this... all that shit. Oh, and guys who drive expen

    • Re: (Score:1, Troll)

      by DarkOx ( 621550 )

      I would absolutely vote Trump, because anyone willing to associate with the modern Democrat party has in my opinion displayed a great moral failing.

      That said Trump is NOT getting re-elected. Through a highly coordinated effort of deep state actors cooperating with the national Democratic party undermining his entire presidency, and the election interference of big tech, the deliberate introduction of COVID into nursing care facilities to raise the death toll and fear so as cover for violating state election

      • by Anonymous Coward

        Through a highly coordinated effort of deep state actors cooperating with the national Democratic party undermining his entire presidency, and the election interference of big tech, the deliberate introduction of COVID into nursing care facilities to raise the death toll and fear so as cover for violating state elections was enough 'fix' the election

        You forgot to take your pills again

      • I would absolutely vote Trump, because anyone willing to associate with the modern Democrat party has in my opinion displayed a great moral failing.

        I can't believe this gets glossed over by the MAGA crowd. https://thehill.com/homenews/a... [thehill.com]

        I like taking the guns early, like in this crazy man’s case that just took place in Florida to go to court would have taken a long time,” Trump said at a meeting with lawmakers on school safety and gun violence.

        “Take the guns first, go through due process second,” Trump said.

      • by Anonymous Coward

        +2, Hilarious parody of deranged Trumpist!

  • You would think that CZ, being from the PRC IIRC, would understand that if you go after a big time bag man of the ruling class you're going to pay dearly for it.

    For those who don't get the reference, CZ is the one who started the run on FTT (FTX's token) that caused FTX to be revealed to be sitting on worthless reserves with massive losses.

    • This feels more like retaliation. I'm not even sure the American courts can establish jurisdiction over Binance. They intentionally ban Americans from their platform specifically so they don't have to follow American finance law.

      As far as I know, no one has claimed Binance has done anything illegal. Just that their foreign operation is being used illegally by some Americans.

    • Was thinking the same thing. He might believe himself beyond Washington's reach.

  • And the bad bad companies that dare not to fight it.

    If you sped on your way to work this morning, a nexus exists between your paycheck and a crime.

    Do not deposit that paycheck, Mr. or Mrs. Money Launderer, for all your funds are belong to us.

    Money laundering: providing a means for selective enforcement since 1970.

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