Aug 3, 2023

Josh Sterling, former CFTC Division Director and current partner at Jones Day reacts to Semafor reporting that Binance could face U.S. Department of Justice fraud charges, although prosecutors are weighing alternatives given the risk of an FTX-style bank run.

Video transcript

Absolutely. Well, that is a totally appropriate and normal action that the Department of Justice would take when evaluating whether to bring criminal charges against the corporation. Uh in other contexts, they look at the harm to shareholders. I think algae here, you'd say, what are the harm to people that are using the finance platforms to trade. And I think it is of significant note that, I mean, I checked this morning, Binance is, you know, seven times the size of coin base in, in daily volume. Uh It is by far the largest exchange in the world by any measure. And it is well known that us, individuals uh do use that platform and not just finance us. Uh So they do have to consider these things and assessing uh whether to criminally charge a company because that is, that is usually uh what we call the death blow. Uh And that's, uh that's not a legal term. That's just well understood that uh criminal charges are often fatal to a company and has severe consequences for all stakeholders.

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