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Binance's Changpeng Zhao to step down as part of $4.3 billion DOJ settlement: CNBC Crypto World

Binance chief Changpeng Zhao will plead guilty to criminal charges and step down as the company’s CEO as part of a $4.3 billion settlement with the Department of Justice, according to court documents. The plea arrangement with the government resolves a multi-year investigation into the world’s largest crypto exchange.

Zhao and others are charged with violating the Bank Secrecy Act by failing to implement an effective anti-money laundering program and for willfully violating U.S. economic sanctions “in a deliberate and calculated effort to profit from the U.S. market without implementing controls required by U.S. law,” according to the Justice Department.

Zhao said in a post on X, formerly Twitter, that he had “made mistakes” and “must take responsibility,” adding that Richard Teng, the company’s former global head of regional markets, has been named the new CEO of Binance.

The action against Binance and its founder was a joint effort by the Department of Justice, the Commodity Futures Trading Commission and the Treasury Department. The Securities and Exchange Commission was noticeably absent.

Treasury Secretary Janet Yellen said in a release Tuesday the exchange allowed illicit actors to make more than 100,000 transactions that supported activities like terrorism and illegal narcotics. And it allowed more than 1.5 million virtual currency trades that violated U.S. sanctions.

It also allowed transactions associated with terrorist groups like Hamas’s Al-Qassam Brigades, Palestinian Islamic Jihad, Al Qaeda and ISIS, Yellen said in the release, noting Binance “never filed a single suspicious activity report.”

U.S. Attorney General Merrick Garland said in a press conference on Tuesday afternoon that the fine is “one of the largest penalties we have ever obtained.” Yellen said it’s the largest enforcement in the Treasury’s history.

“Using new technology to break the law does not make you a disruptor. It makes you a criminal,” continued Garland.

“Binance prioritized its profits over the safety of the American people,” he added.

The former Binance chief will personally plead guilty to violating and causing a financial institution to violate the Bank Secrecy Act, according to the plea agreement. The DOJ is also recommending that the court impose a $50 million fine on Zhao.

Zhao was scheduled to appear before Judge Brian Tsuchida for a hearing in a Seattle courtroom at 10:00 a.m. Pacific Time (1:00 p.m. ET).

Binance will continue to operate but with new ground rules. The company will be required to maintain and enhance its compliance program to ensure its business is in line with U.S. anti-money laundering standards. The company is required to appoint an independent compliance monitor.

The case against Binance, which was unsealed on Tuesday afternoon, shows that the exchange faces three criminal charges, including conducting an unlicensed money-transmitting business, violating the International Emergency Economic Powers Act, as well as a conspiracy charge.

Binance has agreed to forfeit $2.5 billion to the government, as well as to pay a fine of $1.8 billion.

Binance will continue to operate but with new ground rules. The company is required to maintain and enhance its compliance program to ensure its business is in line with U.S. anti-money laundering standards. The company will also be required to appoint an independent compliance monitor.

The U.S. DOJ said in its filing Tuesday that Binance “knowingly and willfully” caused the supply of services to Iran, in breach of U.S. sanctions. It follows a report that Binance processed billions’ worth of Iranian transactions.

“Let me be clear: We are also sending a message to the virtual currency industry more broadly, today and for the future,” Yellen wrote in a press brief.

The settlement comes just after FTX founder Sam Bankman-Fried was found guilty of several criminal counts of fraud and conspiracy following just three hours of deliberation by the jury. For a high-profile monthlong trial that involved nearly 20 witnesses and hundreds of exhibits, experts told CNBC they’d never seen such a speedy decision.

Zhao Changpeng, founder and chief executive officer of Binance, speaks at the Blockchain Week Summit in Paris, France, on Wednesday, April 13, 2022. 

Benjamin Girette | Bloomberg | Getty Images

CNBC reached out to Zhao for comment but did not immediately hear back. Binance did not respond to several CNBC requests for comment.

The charges follow civil suits brought earlier this year by both the Securities and Exchange Commission and the Commodity Futures Trading Commission.

Binance has been the center of intense regulatory scrutiny over how it operates, with officials in multiple jurisdictions flagging concerns with the company’s gung-ho attitude to launching in certain markets even when it lacks the authority to do so, and allegations of involvement in illicit dealings such as money laundering and securities fraud.

The Securities and Exchange Commission targeted the company with an expansive lawsuit in June, alleging that Binance was running an illegal securities exchange and mishandling customer funds. The SEC hit rival exchange Coinbase with a similar lawsuit shortly after, alleging it is operating as an unauthorized securities exchange, broker and clearing agency.

And just this week, the SEC sued Kraken, claiming that the exchange commingled $33 billion in customer crypto assets with its own company assets, creating the potential for a significant risk of loss to its users.

In the 13 charges brought against Binance by the SEC, the agency accused Binance of commingling billions of dollars in customer money with Binance’s own funds, similar to allegations made against the now-bankrupt crypto exchange FTX. SEC Chair Gary Gensler added, “Zhao and Binance entities engaged in an extensive web of deception, conflicts of interest, lack of disclosure, and calculated evasion of the law.”

Started by the Chinese-born entrepreneur in 2017, Binance went from a relatively obscure name to a major force in crypto in a matter of weeks. To this day, Binance remains the world’s largest crypto exchange globally, processing billions of dollars in trading volume every year. The exchange took an aggressive approach to growth, rapidly expanding its reach globally often without gaining permission first.

While its holding company is based in the Cayman Islands, Binance doesn’t have a single global headquarters and Zhao has frequently resisted calls to do so, saying he wants the platform to run on a “decentralized” operating model.

In 2021, the U.K.’s Financial Conduct Authority barred Binance’s U.K. unit from operating in the country, saying it wasn’t authorized to carry out regulated activities. More recently, Binance scrapped plans to pursue a full U.K. license after the regulator said its know-your-customer and anti-money laundering controls didn’t meet its requirements.

In the CFTC’s complaint, the regulator alleged that Binance, Zhao, and the company’s ex-chief compliance officer, Samuel Lim, operated an “illegal” exchange, ran a “sham” compliance program, and allegedly violated the Commodity Exchange Act including laws “designed to prevent and detect money laundering and terrorism financing.”

Binance and Zhao filed a motion in July to dismiss the CFTC’s suit. The U.S. arm of the exchange is also pushing back on the SEC’s lawsuit, filing a protective order against what they call the SEC’s “fishing expedition.”

Of particular concern for the crypto industry are the implications of the agency’s crackdown on crypto for myriad tokens and blockchains — not just the exchanges. The SEC maintains that several of the tokens Binance and Coinbase offer on their platforms — such as Solana’s sol, Cardano’s ada, and Polygon’s matic — are securities that should have been registered with the agency.

CNBC’s Kevin Breuninger contributed to this report.

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These underperforming groups may deliver AI-electric appeal. Here’s why.

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These underperforming groups may deliver AI-electric appeal. Here's why.

Reshoring and infrastructure products could be the next ETF play after AI, say ETF experts

Industrial and infrastructure stocks may soon share the spotlight with the artificial intelligence trade.

According to ETF Action’s Mike Atkins, there’s a bullish setup taking shape due to both policy and consumer trends. His prediction comes during a volatile month for Big Tech and AI stocks.

“You’re seeing kind of the old-school infrastructure, industrial products that have not done as well over the years,” the firm’s founding partner told CNBC’s “ETF Edge” this week. “But there’s a big drive… kind of away from globalization into this reshoring concept, and I think that has legs.”

Global X CEO Ryan O’Connor is also optimistic because the groups support the AI boom. His firm runs the Global X U.S. Infrastructure Development ETF (PAVE), which tracks companies involved in construction and industrial projects.

“Infrastructure is something that’s near and dear to our heart based off of PAVE, which is our largest ETF in the market,” said O’Connor in the same interview. “We think some of these reshoring efforts that you can get through some of these infrastructure places are an interesting one.”

The Global X’s infrastructure exchange-traded fund is up 16% so far this year, while the VanEck Semiconductor ETF (SMH), which includes AI bellwethers Nvidia, Taiwan Semiconductor and Broadcom, is up 42%, as of Friday’s close.

Both ETFs are lower so far this month — but Global X’s infrastructure ETF is performing better. Its top holdings, according to the firm’s website, are Howmet Aerospace, Quanta Services and Parker Hannifin.

Supporting the AI boom

He also sees electrification as a positive driver.

“All of the things that are going to be required for us to continue to support this AI boom, the electrification of the U.S. economy, is certainly one of them,” he said, noting the firm’s U.S. Electrification ETF (ZAP) gives investors exposure to them. The ETF is up almost 24% so far this year.

The Global X U.S. Electrification ETF is also performing a few percentage points better than the VanEck Semiconductor ETF for the month.

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How tariffs and AI are giving secondhand platforms like ThredUp a boost

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How tariffs and AI are giving secondhand platforms like ThredUp a boost

At ThredUp‘s 600,000-square-foot warehouse in Suwanee, Georgia, roughly 40,000 pieces of used clothing are processed each day. The company’s logistics network — four facilities across the U.S. — now rivals that of some fast-fashion giants.

“This is the largest garment-on-hanger system in the world,” said Justin Pina, ThredUp’s senior director of operations. “We can hold more than 3.5 million items here.”

Secondhand shopping is booming. The global secondhand apparel market is expected to reach $367 billion by 2029, growing almost three times faster than the overall apparel market, according to GlobalData.

President Donald Trump’s tariffs were billed as a way to bring manufacturing back home. But the measures hit one of America’s most import-dependent industries: fashion.

About 97 percent of clothing sold in the U.S. is imported, mostly from China, Vietnam, Bangladesh and India, according to the American Apparel and Footwear Association.

For years, Gen Z shoppers have been driving the rise of secondhand fashion, but now more Americans are catching on.

“When tariffs raise those costs, resale platforms suddenly look like the smart buy. This isn’t just a fad,” said Jasmine Enberg, co-CEO of Scalable. “Tariffs are accelerating trends that were already reshaping the way Americans shop.”

For James Reinhart, ThredUp’s CEO, the company is already seeing it play out.

“The business is free-cash-flow positive and growing double digits,” said Reinhart. “We feel really good about the economics, gross margins near 80% and operations built entirely within the U.S.”

ThredUp reported that revenue grew 34% year over year in the third quarter. The company also said it acquired more new customers in the quarter than at any other time in its history, with new buyer growth up 54% from the same period last year.

“If tariffs add 20% to 30% to retail prices, that’s a huge advantage for resale,” said Dylan Carden, research analyst at William Blair & Company. “Pre-owned items aren’t subject to those duties, so demand naturally shifts.”

Inside the ThredUp warehouse, where CNBC got a behind-the-scenes look. automation hums alongside human workers. AI systems photograph, categorize, and price thousands of garments per hour. For Reinhart, the technology is key to scaling resale like retail.

“AI has really accelerated adoption,” said Reinhart. “It’s helping us improve discovery, styling, and personalization for buyers.”

That tech wave extends beyond ThredUp. Fashion-tech startups Phia, co-founded by Phoebe Gates and Sophia Kianni, is using AI to scan thousands of listings across retail and resale in seconds.

“The fact that we’ve driven millions in transaction volume shows how big this need is,” Gates said. “People want smarter, cheaper ways to shop.”

ThredUp is betting that domestic infrastructure, automation, and AI will keep it ahead of the curve, and that tariffs meant to revive U.S. manufacturing could end up powering a new kind of American fashion economy.

“The future of fashion will be more sustainable than it is today,” said Reinhart. “And secondhand will be at the center of it.”

Watch the video to learn more.

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AI anxiety on the rise: Startup founders react to bubble fears

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AI anxiety on the rise: Startup founders react to bubble fears

Markets were on edge this week as a steady stream of negative headlines around the artificial intelligence trade stoked fears of a bubble.

Famed short-seller Michael Burry cast doubt on the sustainability of AI earnings. Concerns around the levels of debt funding AI infrastructure buildouts grew louder. And once high-flyers like CoreWeave tanked on disappointing guidance.

CNBC’s Deirdre Bosa asked those at the epicenter of the boom for their take, sitting down with the founders of two of the buzziest AI startups.

Amjad Masad, founder and CEO of AI coding startup Replit, admits there’s been a cooldown.

“Early on in the year, there was the vibe coding hype market, where everyone’s heard about vibe coding. Everyone wanted to go try it. The tools were not as good as they are today. So I think that burnt a lot of people,” Masad said. “So there’s a bit of a vibe coding, I would say, hype slow down, and a lot of companies that were making money are not making as much money.”

Masad added that a lot companies were publishing their annualized recurring revenue figures every week, and “now they’re not.”

Navrina Singh, founder and CEO of startup Credo AI, which helps enterprises with AI oversight and risk management, is seeing more excitement than fear.

“I don’t think we are in a bubble,” she said. “I really believe this is the new reality of the world that we are living in. As we know, AI is going to be and already is our biggest growth driver for businesses. So it just makes sense that there has to be more investment, not only on the capability side, governance side, but energy and infrastructure side as well.”

Watch this video to learn more. 

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