Binance Says SEC’s Request for Depositions Is ‘Overbroad’ and 'Unduly Burdensome'

Binance.US (BAM) in a redacted response to the Securities and Exchange Commission (SEC), has called the commission’s motion for depositions by the exchange’s executives and further discovery “unduly burdensome” and “freewheeling” as it has yet to be presented with evidence that customer funds were wrongfully diverted.

“Even after all of the discovery already produced by BAM during the expedited discovery period, the SEC still has no evidence to support its unsubstantiated allegations that imply investor assets have been somehow diverted," the exchange wrote. "All the evidence in this matter—including documents, declarations, and sworn deposition testimony—supports BAM’s position that it has custody and control of its digital assets."

In June, the SEC alleged that Binance CEO Changpeng 'CZ' Zhao and Guangying 'Helina' Chen funneled billions of customer funds through intermediary companies, citing testimony evidence from an SEC accountant.

At the time, Binance and CZ publicly denied all claims. In the filing, BAM writes that CZ has confirmed that it does not have custody or control over the private keys for customer assets on the exchange.

The SEC sought an asset freeze on Binance.US, though the request was declined by a U.S. judge, which ordered the two to begin negotiations on continued operations.

In the filing, BAM questioned the extent of requests by the SEC, including documents related to the exchange’s custody software and wallet solutions.

“The SEC has still not articulated why depositions of BAM’s CEO and CFO fall within the scope of the Consent Order,” the exchange wrote. “The burden imposed by these depositions far outweighs their potential benefit, and the discovery sought is disproportionate to the needs contemplated by the Consent Order."

Several sections of the filing were redacted, and BAM also filed eight exhibits under seal.