Friday, June 15 2024

In May, Canada's anti-money laundering agency penalized a crypto exchange for not meeting registration and reporting requirements.


June 21, 2024

Binance, the globe's top cryptocurrency exchange, is contesting a nearly $6-million fine imposed by Canada’s anti-money laundering agency, FINTRAC. This fine, issued in May, stems from allegations that Binance failed to register properly and report large transactions, as per Canadian law.

According to The Canadian Press, Binance has taken the matter to federal court. The exchange argues that its services aren’t specifically targeted at Canadians and that its activities in Canada are incidental to its broader global operations.

Binance, founded in China by Changpeng Zhao, also known as 'CZ,' who has strong ties to Canada, has faced regulatory hurdles in the country. Despite Zhao’s Canadian upbringing and McGill University education, the company's efforts to establish a significant presence in Canada didn’t materialize.

In 2021, Binance decided to withdraw from Ontario amid a regulatory crackdown on unregistered crypto platforms. Yet, it continued its Canadian operations by incorporating Alberta in 2022. However, as Canadian authorities tightened the rules around crypto trading, Binance eventually exited the Canadian market altogether. FINTRAC claims that Binance's non-compliance persisted until September 25, 2023, the date it fully ceased Canadian operations, despite several opportunities to register.

FINTRAC mandates businesses like banks, real estate agents, casinos, and money services companies to report significant transactions, including suspicious ones or those involving large amounts of cash or virtual currency. The agency scrutinized blockchain data and identified 5,902 transactions of $10,000 or more that Binance failed to report between June 2021 and July 2023.

This fine adds to a series of legal woes for Binance. Recently, the company was hit with a nearly CAD 3 million fine in India for operating without adhering to anti-money laundering laws. Furthermore, Zhao received a four-month prison sentence in May for violating U.S. money laundering laws, along with a USD 4.3 billion fine for similar offenses.

Additionally, Ontario’s Superior Court of Justice has approved a class-action lawsuit against Binance. The lawsuit alleges that Binance sold crypto derivative products to retail investors without proper registration, breaching provincial and federal regulations.

The outcome of Binance’s appeal in Canada remains to be seen, but the case highlights the growing scrutiny that cryptocurrency exchanges face worldwide. As regulators tighten the reins on the burgeoning crypto market, companies like Binance must navigate an increasingly complex landscape to ensure compliance and continue their operations.

Binance’s appeal against the hefty fine is part of its broader effort to contest regulatory challenges globally. This move underscores the exchange’s stance that its global business operations should not be confined by specific national regulations where its market presence is minimal.

The situation in Canada is just one chapter in Binance’s ongoing legal battles across multiple countries, reflecting the intricate and often contentious relationship between innovative financial technology companies and traditional regulatory frameworks. As the crypto industry evolves, these regulatory skirmishes are likely to shape the future of digital finance.

While the legal challenges continue to mount, Binance remains a significant player in the crypto world. The outcome of its Canadian appeal could set important precedents for how cryptocurrency exchanges operate within regulatory environments that are still catching up to the fast-paced developments in digital currencies.

For now, all eyes are on the federal court's decision, which will not only impact Binance but also signal to the broader industry how Canada plans to enforce its financial laws in the realm of cryptocurrencies.

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