NEW YORK, March 8 (Reuters) - A federal appeals court on
Friday revived a lawsuit where investors accused Binance, the
world's largest cryptocurrency exchange, of violating U.S.
securities laws by selling unregistered tokens that lost much of
their value.
In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in
Manhattan said investors in the proposed class action plausibly
alleged that domestic securities laws applied because their
purchases of tokens had become irrevocable in the United States
once they paid for them.
Circuit Judge Alison Nathan said Binance's use of domestic
Amazon ( AMZN ) computer servers to host its platform supported this
outcome, given how Binance "notoriously denies the applicability
of any other country's securities regulation regime."
The appeals court also said investors could pursue claims
arising from purchases made within the year before they sued.
Friday's decision reversed a March 2022 ruling by U.S.
District Judge Andrew Carter in Manhattan, and returned the case
to him.
The appeal covered investors who had bought seven tokens -
ELF, EOS, FUN, ICX, OMG, QSP and TRX - through Binance starting
in 2017, and which soon lost much of their value.
They claimed that Binance failed to warn them about the
tokens' "significant risks" and sought to recoup what they paid.
Binance argued that U.S. securities laws did not apply
because its exchange was located outside the country.
It cited 2010 U.S. Supreme Court decision, Morrison v
National Australia Bank, that limited the extraterritorial reach
of domestic securities laws.
Binance and its lawyers did not immediately respond to
requests for comment. Lawyers for the investors did not
immediately respond to similar requests.
The case is separate from Binance's recent guilty plea and
more than $4.3 billion penalty for violating federal anti-money
laundering and sanctions laws.
Binance founder Changpeng Zhao pleaded guilty to related
money laundering violations and stepped down as chief executive.
His sentencing is scheduled for April 30.
The case is Lee et al v Binance et al, 2nd U.S. Circuit
Court of Appeals, No. U.S. District Court, Southern District of
New York, No. 22-972.