CEO and Founder of crypto exchange Binance, Changpeng Zhao, most commonly known as CZ, has pleaded guilty to the charges laid out by the US Department of Justice. The charges to which CZ pleaded guilty primarily consisted of violating the Bank Secrecy Act. Under the penalties set for breaking the aforementioned rule, if the accused is found guilty, he would have been sentenced to jail for up to 18 months.
However, since CZ pleaded guilty and agreed to comply with the investigations of the regulatory authorities, he managed to avoid any jail sentence for now. It is also worth mentioning that the Binance crypto exchange has been hit with a $4.3 billion fine, and CZ is also fined $50 million separately. Along with accepting the fine, CZ was also forced to surrender his position as the CEO of Binance Exchange. Richard Teng was appointed as his successor after CZ agreed to leave his position.
This is another incident that has shocked the cryptocurrency world to its core and another incident where the CEO of a world-renowned crypto exchange has been found guilty of breaking US financial laws and is forced to face the consequences. The memories of the Sam Bankman-Fried trial and the FTX collapse incident are still fresh in the crypto community’s mind, and now CZ Binance, who was considered to be one of the most respected and admired personalities in the crypto realm, has left the exchange in a very abrupt manner.
It is also reported that CZ will pay a $175 million release bond and agree to return to the United States 14 days before his sentencing date, which is set for 23 February 2024. In the scenario where CZ fails to bear on the mentioned date, then an arrest warrant would be issued for his name. CZ has agreed to share his current residence, showing his compliance with the terms of his release. Another crucial point to mention here is that if CZ fails to appear in court on the given day, then he would be liable to pay $250,000 in fines and can be sentenced to jail for a maximum of 10 years. Zhao has also posted $15 million in a separate trust account, which he agreed he would forfeit if he failed to comply with his bond conditions.
It is understood that Zhao will return to Dubai for the time being. While there is no extradition treaty between the United States and the Emirates Government, the two countries have made an agreement in which the law agencies of the respective countries would cooperate in matters of legal implications.
List of Charges against Zhao and Binance Exchange
It wasn’t the first time that Zhao and Binance came under hot waters, as several other incidents in the past put them right in the middle of the US regulatory authorities’ radar. The company has been called out for operating under the shadows, outside of the US laws, since 2018, and there have been several other serious charges made against them. Mentioned below is a rundown of some incidents where Binance locked horns with the regulatory authorities for breaking different laws.
- In March of 2023, Senator Elizabeth Warren issued a letter to Binance CEO Changpeng Zhao and Binance.US CEO Brian Shroder, requesting them to respond to the allegations regarding the balance sheet of the company. The response given by Binance was deemed unsatisfactory, and Binance came under the intense scrutiny of the US Congress.
- In March of 2023, the Commodity Future Trading Commission (CFTC) filed a lawsuit against Binance and its CEO on seven counts of trading irregularities and manipulating the crypto market.
- In June of 2023, the SEC jumped into this fray when they filed 13 charges against Binance, its US arm Binance.US, and CEO Zhao for misusing customers and corporate funds and allowing the sale of unregistered securities.
- In September of 2023, Binance tried to toss the SEC lawsuit and, a month later, made a similar attempt to throw the CFTC lawsuit as well.
- On 21 November 2023, Binance and its CEO were indicted by the US Department of Justice for violating the Bank Secrecy Act (BSA) and failing to implement an effective anti-money laundering (AML) program. The responsible parties were also found guilty of willfully ignoring the international sanctions set by the US government.
It is worth mentioning that these are just some of the incidents reported by the Binance crypto exchange, which had shown them in a bad light, especially to the US regulators. Some other serious charges that have been made against the exchange in the past include:
- Providing confidential customer data to the Russian-based FSB-linked intelligence agency.
- Becoming a hub for illicit activities that included money laundering. The exchange was accused of becoming the ideal platform for hackers, scammers, and drug traffickers to launder money.
- Binance was also accused of serving crypto customers in Iran despite the sanctions made by the US government that no such activity is allowed to take place.
- Permitting individuals associated with entities such as Hamas, the Islamic State of Iraq and Syria, individuals in North Korea, and those from other sanctioned jurisdictions to use its platform.
- Binance exchange has been responsible for processing Iranian transactions with a value of $8 billion since 2018 despite US sanctions intended to cut Iran off from the global financial system.
- While in public, Binance repeatedly stated that they were in full compliance with the US AML laws but, in reality, failed to adhere to the rules and, at the same time, tried to withhold information from the relevant authorities while ignoring the recommendations of its compliance department simultaneously. In other words, the company decided to look the other way rather than reporting any suspicious activity taking place on its exchange.
- The authorities in Brazil also charged CZ for committing fraudulent management activities and operating a financial institution without proper authorization.
While the crypto community would be disappointed by what transpired on 21 November 2023, the writing was on the wall for CZ long before that, as it was becoming increasingly difficult for the rest of the world to ignore the willful disobedience of rules the exchange was currently committing. It was only a matter of time before their demons would return to haunt them for good.
What Next for CZ and Binance?
Binance has announced on its X (formerly Twitter) about reaching a resolution with several US regulatory authorities and focusing on starting a new chapter where lessons from past mistakes would be learned and not repeated. Here is the summarized version of their press release made on their website.
- Resolution with US Authorities: Binance has successfully resolved regulatory issues with US agencies, acknowledging past compliance shortcomings and highlighting its commitment to future developments in the cryptocurrency sector.
- Addressing Historical Compliance Challenges: Binance recognizes previous lapses in compliance controls during its initial global expansion within an evolving industry. The company takes accountability for these early missteps.
- Organizational Revamp: Over the last two years, Binance has undergone a comprehensive corporate restructuring, reinforcing its systems and appointing new leaders with substantial experience in compliance and technology. This has resulted in a more robust and secure platform.
- User Security Priority: Binance reaffirms its dedication to user security, assuring the protection of user assets without any allegations of fund mismanagement or market manipulation in its resolutions with US regulators.
- Change in Leadership: Richard Teng, a seasoned professional in financial services and regulation, assumes the role of CEO, ushering in new leadership to guide Binance’s future growth.
- Enhanced Compliance and Security Measures: Binance has substantially upgraded its Anti-Money Laundering (AML) and sanctions compliance procedures, employing advanced tools and a specialized team to align with industry standards.
- Collaboration with Law Enforcement: The company actively engages with law enforcement, processing numerous requests and conducting training sessions to combat financial and cybercrimes.
- Emphasis on Transparency: Binance places a high priority on transparency and user security, sharing wallet addresses, and implementing initiatives like the Secure Asset Fund for Users (SAFU) to safeguard users.
- Vision for the Future of Cryptocurrency: Binance expresses optimism about the cryptocurrency industry’s future, focusing on community empowerment and educational initiatives to play a positive role in shaping the sector.
The now ex-CEO of Binance, Changpeng Zhao, is barred from serving as an executive for any major cryptocurrency company. While Zhao has been ordered to step down from his role, he has not been asked to relinquish his shares in the company for now. He announced his exit from the company on his X profile and also named his successor Richard Teng in the post.
The New CEO, Richard Teng, now has some big tasks ahead of him. The first and foremost would be to restore the image of the Binance crypto exchange in front of the crypto community and, most importantly, keep Binance out of trouble by making sure the exchange is now adhering fully to the guidelines set by the regulatory authorities of the US.
Teng brings a wealth of expertise in regulation and compliance to Binance, aligning with the company’s recent emphasis on these areas. Before leading the Financial Services Regulatory Authority at Abu Dhabi Global Market (ADGM), he served as the chief regulatory officer of the Singapore Exchange (SGX). He accumulated 13 years of experience with the Monetary Authority of Singapore (MAS).
The significance of Teng’s role at Binance has become more evident in light of increased regulatory scrutiny throughout the year. This heightened attention culminated in the recent announcement that the US charged Binance with violating sanctions and money-transmitting laws, resulting in a settlement agreement requiring the payment of $4.3 billion to address these allegations.
Regulators Sending a Strong Message to Major Crypto Stakeholders
The agreement concludes investigations by the Department of Justice (DOJ) and the commodities regulator into Binance, though potential substantial penalties from the Securities and Exchange Commission (SEC) still loom. Treasury Secretary Janet Yellen emphasized that these agreements mark the discontinuation of Binance’s actions that posed risks to the US financial system, citizens, and national security.
Yellen also issued a warning to other players in the cryptocurrency space, stating that adherence to US regulations is imperative. She stressed that virtual currency exchanges and financial technology firms must comply with established rules to enjoy the benefits of being part of the US financial system and serving US customers. Yellen added that failure to do so will prompt action from the US government.
Yellen also pointed out that this was the largest settlement in the department’s history. Emphasizing the unprecedented nature of the situation, she stated to the reporters that the action goes beyond addressing egregious conduct. The goal is not only to hold Binance accountable for its actions but also to completely remove the company from operating in the United States. Binance will also make a complete exit from the US market under the terms of the agreement; however, its US subsidiary, Binance.US, will continue to operate in the country.
Binance, in response, acknowledged its imperfections and admitted to lacking proper compliance controls. The company asserted its commitment to user protection from its early days, despite these acknowledged shortcomings.
Binance exchange token BNB has seen a decline of almost 9.35% at the time of writing this article. The BNB coin is currently trading at $235.50 at the time of writing this article. It will be very interesting to see how Binance recovers from these events and whether the exchange will strictly and adequately follow the steps and the changes they have announced in their press release.
It will also be worth noting what the future holds for its now-former CEO and whether or not he will stay relevant in the crypto community in some other capacity or role as he is limited by the sanctions made against him by the authorities.
As always, we urge the crypto community to stay vigilant and always be on the lookout for activities that may affect their investment portfolios and always do proper risk and fundamental analysis before embarking on their crypto journey.