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Binance and Binance.US argue SEC did not meet "Howey Test" requirements in latest filing

Binance, Binance.US, and Changpeng Zhao have filed a reply to the SEC's lawsuit, arguing that the regulator did not meet the requirements of the "Howey Test." The filing states that the SEC did not show that the exchanges' U.S. customers had any contracts that would meet the definition of an "investment contract." Binance also pushed back against the SEC's adding the exchange's guilty plea with the DOJ and consent order with FinCEN, or Zhao's own DOJ plea, in the ongoing case. The filing argues that securities laws wouldn't apply the same way the Bank Secrecy Act or International Emergency Economic Powers Act did.

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