Does SEC vs. Binance Condemnation of BUSD Make USDT a Commodity or Security?

SEC takes legal action against Binance, accusing the cryptocurrency exchange of violating US securities laws.

Tether glowing on round growing earth, human hands beside it.
Created by Kornelija Poderskytė from DailyCoin
  • The SEC has acted against Binance for alleging violations of U.S. securities laws.
  • The SEC has raised questions about the regulatory status of BUSD, potentially impacting other stablecoins.
  • Paolo Ardoino, CTO of Tether, has indicated that Binance’s issues could drive users toward USDT.

The world of cryptocurrency has been rocked by the news that the Securities and Exchange Commission (SEC) has taken legal action against Binance, the world’s largest cryptocurrency exchange. This development is a major setback for the cryptocurrency industry, and it could have far-reaching implications for the future of digital assets.

SEC Slams Binance with Lawsuit

This lawsuit, filed in a federal court in Washington, D.C., comprises 13 charges against Binance, encompassing the operation of an unregistered exchange, broker-dealer, and clearing agency. Furthermore, the SEC accuses the company of misrepresenting trading controls and oversight and inflating trading volumes.

In addition, the SEC alleges that Binance conducted the offering and sale of securities without obtaining the necessary registration from the SEC. 

Could SEC’s Doubts on BUSD Impact Other Stablecoins?

Among the concerns voiced by the SEC is the utilization of Binance USD (BUSD), a stablecoin issued by Binance, for staking purposes. The SEC expresses apprehension that BUSD staking might be viewed as a security offering, 


If BUSD is classified as a security, several ramifications could arise for other stablecoins. These implications extend beyond mere conjecture and warrant careful consideration:

  • Heightened scrutiny from regulatory bodies would inevitably ensue. This would not be limited to the United States but could extend to various jurisdictions, impeding stablecoin issuers’ operations on a global scale.
  • Regulatory requirements may compel stablecoin issuers to register with the SEC or other relevant regulatory entities if their offerings are deemed securities. Such a designation would impose substantial costs and create a burdensome compliance framework for stablecoin issuers to navigate.
  • A potential loss of confidence in stablecoins could transpire due to the SEC’s lawsuit against Binance. This loss of confidence would pose a significant challenge for stablecoin issuers to attract users and investors.

The SEC has not yet issued a definitive ruling on the security classification of BUSD. Nevertheless, the lawsuit has generated pertinent inquiries regarding the regulatory status of stablecoins as a whole.

Binance Troubles May Boost USDT Demand, Says Tether CTO

Paolo Ardoino, the Chief Technical Officer (CTO) of Tether, has expressed his belief that the recent issues faced by Binance may actually incentivize individuals to gravitate towards USDT. Ardoino posits that Binance, previously a pivotal force propelling USDT’s expansion, could now spur a “flight to quality” within the stablecoin user base.

Ardoino is also keen on emphasizing Tether’s commitment to enhancing its transparency and accountability. Notably, the company has recently published a comprehensive report disclosing its reserves, reassuring stakeholders that Tether possesses 100% cash and cash equivalents as backing.

While it remains uncertain whether Binance’s predicaments will indeed trigger a substantial surge in USDT demand, Ardoino’s assertions imply that Tether remains sanguine about its capacity to endure the ongoing turbulence, steadfastly maintaining its prominent standing in the stablecoin market.

On the Flipside

  • Binance has denied the SEC’s allegations and plans to defend itself in court vigorously.
  • The SEC’s lawsuit can be seen as a potential overreach of regulatory authority until a verdict has been decided
  • The SEC’s actions against Binance could have a chilling effect on the broader cryptocurrency market, potentially creating uncertainty and discouraging investment.

Why This Matters

The SEC’s legal action against Binance and the potential classification of Binance USD (BUSD) as a security have far-reaching consequences for stablecoins and the crypto industry as a whole. If stablecoins come under increased scrutiny and regulatory requirements, it could impede stablecoin issuers’ operations globally and erode confidence in these digital assets.

To learn more about the differences between the SEC lawsuit against Binance and the previous CFTC case, read here: 

Binance Sued: How SEC Lawsuit Differs from CFTC Case

To stay updated on the rollercoaster ride of Ethereum gas fees, from record highs to sudden drops, click here: 

Ethereum’s Gas Fee Rollercoaster: From Record Highs to Sudden Drop

This article is for information purposes only and should not be considered trading or investment advice. Nothing herein shall be construed as financial, legal, or tax advice. Trading forex, cryptocurrencies, and CFDs pose a considerable risk of loss.

Kyle Calvert

Kyle Calvert is a cryptocurrency news reporter for DailyCoin, specializing in Ripple, stablecoins, as well as price and market analysis news. Before his current role, Kyle worked as a student researcher in the cryptocurrency industry, gaining an understanding of how digital currencies work, their potential uses, and their impact on the economy and society. He completed his Masters and Honors degrees in Blockchain Technology within Esports and Business and Event management within Esports at Staffordshire University.