I really didn't want to do a Tweet thread on the @SECGov suit against @binance, but then I read it and...
...it's absolutely FULL of GEMS. I can't not do it.
Example - Binance CCO in 2018:
"we are operating as a fking unlicensed securities exchange in the USA bro."😱😂
🧵👇
1. It's worth stating that it's not just a suit against Binance - the SEC is also suing @cz_binance himself.
I suspect we will never see CZ voluntarily set foot on US soil again, nor countries with whom we have strong extradition treaties...
2. The core claim is CZ and Binance *knowingly* operated an illegal, unregistered US securities business, stripping Americans of the "investor and market protections [securities] laws provide."
Throughout, we see @binance acknowledge it may be violating the law, but plow ahead.
3. Further claims include sales of crypto that the SEC considers "securities" and misrepresenting of controls while raising VC capital (including from defenseless retail investors).
Likewise, US Binance volumes were misrepresented by CZ entities wash trading to juice them.
4. 1776
CZ & Binance claimed its US operations (including the BAM Management and BAM Trading entities) were independent of CZ and Binance.
However, US employees referenced the "shackles" CZ had over them. BAM Trading's CEO said the team was a "puppet."
CZ owns 81% of BAM US.
5. Staking is an Unregistered Security Offering 👀
...and $BNB and other coins were unregistered security offerings (including $SOL, $ADA, $MATIC, $FIL, and $BUSD).
$COIN gotta be nervous af.
6. Despite CZ emphasizing that "CREDIBILITY is the most important asset for any exchange" and claims that surveillance & controls would be installed to protect investors...
...for roughly 3 years, CZ's own entity, Sigma Chain AG, engaged in wash trading to increase US volumes.
7. Binance is sketchy af, bruh.
Binance is a Cayman LLC, but has refused to identify where its HQ exists. [cough China cough ]
As CZ says, "Wherever I sit is the Binance office. Wherever I meet somebody is going to be the Binance office."
Offices are for suits, man.
8. CZ personally took $62.5 million out of a Binance bank account between Oct 2022 - Jan 2023
That's not inherently illegal...
...but, personally, I can't help but notice it coincides with the window when FTX was failing and CZ's takedown of @SBF_FTX became public.
9. Below is a high-level overview of the CZ / Binance empire.
Sigma Chain and Merit Peak appear to be akin to SBF's Alameda prop trading / market-making entity: CZ's personal investment funds.
You'll note BAM US was capitalized in part by US investors (see the 19% share).
10. bUT iT's NOt a sECurITy!
Tell that to $BNB's 2,100x return in its first 6 years of existence and its reasonable expectation of dynamic value and profit based on a contract (i.e., the Howey Test).
2100x?! Holy mackerel.
11. Binance is HUGE and Generates a Ton of Revenue
For the three years ending July 2021, Binance earned "at least $11.6 billion in revenue, most of which derived from transaction fees."
Ken Griffin must be blushing - that's quite the scalping. 🔪🤑🩸
12. Tai Chi!
Binance had a plan called "the Tai Chi Plan" meant to "reveal, retard, and resolve built-up enforcement tensions" in the US.
As it became clear its US business was violating laws, CZ wanted to help route VIP US investors offshore to create plausible deniability.😱
13. Yes, Our Ethics Can Be Bought
Along those lines, Binance continued to quietly guide key US accounts to "use VPN" to get around its KYC that used IP address tracking.
"We always have a way for whales." 😂
Oh, and "CZ will definitely agree to this..."
14. They Knew
From the inception of $BNB, Binance was preparing for an SEC Wells notice.
But CZ demanded they go forward with it.
As the CCO described, "cutting US from .com already costed [CZ] an arm/leg, he’s not gonna hold back on getting that rev[enue] back somehow.” 👀
15. FTX vibes + the Binance US CEO was CEO of what, exactly?
In the US business, CZ was constantly directing money to be moved around, including to and from his personal vehicles.
At times, the Binance US CEO didn't even know it was happening.
CZ was heavily conflicted.
16. SEC Flexed its Guns
In sum: bad for Binance, but also a sneak preview for what altcoins and $COIN may face down the road.
-End-
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Today we learned while the voice of the people may be the voice of the gods, in Delaware there’s only one true god:
And her name is Chancellor Kathaleen McCormick. 1/x 🧵👇
Below is a brief thread breaking down her denial of Elon’s request for $55 billion in $TSLA stock.
2. Her original January 2024 ruling highlighted several flaws in the years old shareholder vote that was meant to award Elon massive stock compensation, if he delivered massive value to $TSLA shareholders.
Her determination wiped out Musk’s entire equity grant, stating Tesla failed to follow required procedures, which invalidated the original vote from years ago to grant the compensation package.
3. Tesla asked her to review her ruling.
Then, this past summer, Tesla held a new shareholder vote to (re)affirm the prior flawed compensation package.
Today’s 103 page decision responded to that request AND was meant to decide how much the plaintiffs’ lawyers should be paid.
Mrs. B founded Nebraska Furniture Mart in 1937 with $500 of savings, selling 90% to Warren Buffett’s $BRK 50 years later for $55 million.
Even at 94-years old, she continued to work 70 hour weeks, pricing rugs and carpets from memory. 🧵👇
“We like managers who are in love with their business…who feel like I do - I want to tap dance when I get to the office,” is how Buffett answered Adam Smith’s question about the Berkshire Hathaway culture. 1/x
Mrs B barely spoke English when she started NFM; she sought a $75 business loan and was denied.
50 years later, what did she think of the doubters?
“I still hate them. Anybody who does you dirty, you should never forgive and forget.” ☠️
- Rose Blumkin at 94 years young
Mrs. B had uncommon sense:
“God blessed me: anything I do, I make money.”
Mrs. B’s daughter on growing up:
“The customer was God - that came first and we came next,” she laughingly shared.
Most people assume it makes its money as a crypto exchange.
True...sort of.
Its rev comes as much from interest income on its cash balances + its share of $USDC's cash ($COIN owns a share of USDC owner, Circle) as from transactions.
Worrisome.
🧵👇
2. Interest Income is Lower Quality
Even as $COIN's core transaction revenue has declined by nearly HALF, its interest income has skyrocketed with rising rates.
In Q2 2022, interest was 5% of revenue; in Q2 2023, it was 35%...
3. Stablecoin Revenue
...in Q3, interest income hit nearly 40% !!! of revenue.
(With $COIN restructuring its deal with Circle, Coinbase's share of $USDC interest income is now categorized as "Stablecoin Revenue.")
I expect $COIN just achieved peak interest income.