美国证券交易委员会 (SEC) 未能将币安的原生代币 BNB 及其稳定币 Binance USD (BUSD) 归类为二级市场的证券。法官 Amy Berman Jackson 于 6 月 28 日签署了法庭文件。
法官 Analisa Torres 在 SEC 诉 Ripple Labs 案中的 2023 年裁决在驳回二级 BNB 销售索赔方面发挥了关键作用。法院强调需要考虑每笔交易的具体情况和经济现实。
SEC 辩称，最初作为投资合约出售的 BNB 代币在任何后续销售中仍为证券。然而，法院不同意，称每笔二级交易的细节和背景都至关重要。
法院还强调了 SEC 的立场存在不一致，并要求提供更多事实来支持根据豪威测试对二级销售的利润预期。
Van Buren Capital 的 Scott Johnsson 称该裁决对 SEC 来说是“重大损失”。
专注于加密货币的律师 James “MetaLawMan” Murphy 称该裁决是“加密货币行业的胜利”。
该裁决可能会影响涉及 Kraken 和 Coinbase 等交易所的类似案件，这些交易所也因交易未注册证券而面临 SEC 的指控。
尽管驳回了二级市场销售索赔，但法院允许 SEC 继续调查币安的质押计划、ICO 后的 BNB 代币销售以及潜在的反欺诈违规行为。针对币安前首席执行官赵长鹏的指控以及币安注册为交易所的必要性仍在审查中。
赵长鹏目前因违反洗钱法正在单独服刑。作为 11 月份与美国司法部 (DOJ) 达成的协议的一部分，CZ 辞去了币安首席执行官职务后作出了这一判决。此外，赵还需支付 5000 万美元的罚款，而币安也被罚款 43 亿美元。
SEC 对币安及其创始人赵长鹏的诉讼始于去年 6 月，指控其在美国进行非法运营。币安提出驳回诉讼的动议，声称 SEC 超越了其法定权限。
大约三个月后，币安提出驳回 SEC 诉讼的动议，认为 SEC 超出了其法定权限。
根据最新的法庭命令，下一次法庭听证会定于 7 月 9 日举行。
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Catherine