SEC reverses decision on sealing, redacting some documents in Binance.US case

Observers should soon get a look at some of the sealed documents in the United States Securities and Exchange Commission’s (SEC) case against Binance. The documents were sealed at the SEC’s request with the agreement of both sides and are being unsealed at the request of the SEC itself.

District of Columbia District Court Magistrate Judge Zia Faruqui issued an order Sept. 15 granting the SEC’s motion to unseal the documents. The order lists 18 sealed documents and another nine partially sealed or redacted documents. 

Binance and “any nonparty that claims a confidentiality designation regarding documents relating to the SEC’s Motion to Compel” will be able to argue against the unsealing for seven days, and the SEC will have seven days to respond to those claims.

All of the sealed documents, filed as docket no. 102, were filed on Aug. 28. There was speculation at the time that they were connected with a U.S. Justice Department investigation of Binance. The partially sealed documents total 117 pages. Among them are internal Binance.US documents, emails and SEC court filings, including the memorandum on Binace.US’ compliance with SEC discovery efforts filed Sept. 14.

Related: Binance.US not cooperating with investigation, US SEC says in filing

The list in Faruqui’s order does not encompass all the sealed documents filed in the case. A proposed order filed by BAM, the Binance.US holding company, on Sept. 11, along with the SEC’s opposition document and eight exhibits, were filed as sealed and are not mentioned in the order.

The SEC case against Binance.US, Binance and CEO Changpeng Zhao was initiated in June and revolves around claims of unregistered securities operations and other improprieties, including wash sales. Binance.US requested a protective order against the SEC in August.

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