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."π±π
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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 π
...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."
The @SECGov crypto enforcement team has been busy af...
...today it sued $COIN, after suing Binance and @cz_binance yesterday.
Gary, I can only summarize lawsuits so fast...
Let's dig in.
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1. The Dog that Didn't Bark
As you can see in the below image, in yesterday's Binance suit, Binance founder @cz_binance himself was listed as a formal defendant in the SEC complaint.
In the $COIN lawsuit, no individual is included.
Coinbase CEO Brian Armstrong just exhaled...
2. This suit is less "sexy" than the @binance suit (linked at the end of this thread).
While Binance and FTX looked like companies that lacked controls and were run haphazardly, the Coinbase suit is more about the technicalities of "registering" and "what is a Security?"
Iβm racking my brain to see if I can recall a dumber premise for whatβs basically a factless political opinion.
NYT argues $WMT demands lower prices from suppliers leading suppliers to require higher prices elsewhere to compensate.
If true, $WMT would not have seen inflation.
So, did $WMT see grocery inflation?
Yes. Tons. Inflecting in 2021.
From a Yahoo! Finance article:
Is our grocery inflation Walmartβs fault?
Quite not.
Walmart uses its bulk to negotiate low prices on behalf of its customers. It keeps its own margins *intentionally modest* as a competitive bet that by passing through most of the benefits of its scale to its customers, theyβ¦ twitter.com/i/web/status/1β¦
1. I just read Carl Icahn / $IEP's response to the @HindenburgRes short report.
Talk about a waste of my time - near-zero rebuttal, but using a few thousand words.
$IEP also quietly ignores the fact Hindenburg was right about misleading valuations of at least 3 key assets.
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2. The "rebuttal" does not establish any meaningful factual errors by Hindenburg.
$IEP also acknowledges Carl's investment performance has sucked for several years...
...but says unit's oddly high valuation vs. NAV is deserved based on Carl's status as an "iconic" "legend." Ok.
3. $IEP fails to clarify the shortfall between its cash flow and quarterly distribution (dividend).
$IEP arguably obfuscated further by pretending to address the fact it doesn't have the cash flow to pay its distribution, while, in fact, regularly issuing stock to fund it.