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SEC Claims Secondary Trading of BNB and These 10 Tokens Qualifies as Securities Under Howey Test

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The U.S. Securities and Exchange Commission (SEC) has pushed back against efforts to dismiss its lawsuit against cryptocurrency exchange Binance, its U.S. branch Binance.US, and former CEO Changpeng Zhao.

The regulator accuses them of running an unregistered securities exchange through the trading of BNB, Binance’s native token, and ten other cryptocurrencies.

Details From the Filing

The case relies on the Howey Test, a legal standard used to determine if something qualifies as a security. In simple terms, the test examines whether there was an investment of money, a common enterprise, and an expectation of profit derived from the efforts of others.

The SEC claims the Binance case satisfies all three criteria. It says the exchange made users believe the value of their tokens depended on the success of Binance’s ecosystem, creating an expectation of profits.

Its filing goes further by challenging Binance’s position that secondary market trades fall outside the scope of securities laws, asserting that such transactions are also governed by the Howey Test.

The financial watchdog’s lawsuit, which was first filed earlier this year, faced criticism from Judge Amy Berman Jackson, who questioned some of its arguments. This led the SEC to amend its complaint. Binance and Zhao responded by lodging a motion to dismiss the amended complaint on November 4, arguing the regulator failed to provide enough evidence.

However, in its newest court filing, the SEC continues to target BNB and ten other cryptocurrencies, labeling them securities. These include Solana (SOL), Cardano (ADA), Polygon (MATIC), Filecoin (FIL), Cosmos (ATOM), The Sandbox (SAND), Decentraland (MANA), Algorand (ALGO), Axie Infinity (AXS), and COTI.

The SEC also pushed back against criticism from the crypto industry, rejecting claims that it is overstepping its authority. In its filing, the agency stated, “The foretold vast and purported suffocating assertion of regulatory dominion over an entire industry has not occurred, but they complain about that, too.”

Industry Experts Weigh In

Meanwhile, not everyone agrees with the regulator’s methods. Paul Grewal, Coinbase’s legal chief, criticized the agency for what he sees as inconsistent enforcement. In a tweet, he questioned why the SEC never classified Ethereum (ETH) and Bitcoin (BTC) as securities.

Ripple’s legal officer, Stuart Alderoty, also weighed in, criticizing SEC Chair Gary Gensler, who is set to step down on January 20, 2025, with President-elect Donald Trump planning to replace him with Paul Atkins, a pro-crypto advocate. Alderoty accused Gensler of rushing to file the latest 81-page brief before leaving office, describing it as recycling ‘failed arguments.’

Crypto attorney John Deaton added his voice, urging the SEC to reread the original Howey decision. He emphasized the ruling’s statement that it doesn’t matter whether an asset has intrinsic value or whether the enterprise is speculative.

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Cryptocurrency

Trump’s Crypto Advisor Says There’s A ‘Space Race’ to Build a Bitcoin Reserve

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Bo Hines, executive director of the President’s Council of Advisers on Digital Assets, has said that the country is in a global “space race” to build a U.S. Bitcoin reserve.

Hines also confirmed that the government is moving swiftly to establish a Strategic Bitcoin stockpile.

Bitcoin Stockpile Plans

In a recent interview with Bitcoin Magazine, the White House crypto advisor stated that countries around the world are quietly working to collect Bitcoin as a long-term asset, emphasizing that America aims to take the lead.

According to him, the administration is collaborating with the Treasury Department to audit current Bitcoin holdings and design “budget-neutral” acquisition methods. He also clarified that no single policy approach is being pursued. Instead, multiple strategies are being explored to determine the most practical and efficient path forward.

Hines expressed confidence in the U.S. Treasury Department and the Chamber of Commerce to develop “extremely creative” ways to accumulate the flagship cryptocurrency. The initial objective is to begin the process quickly, prioritizing speed and scalability, with additional steps to be introduced in phases.

The crypto advisor has previously cited tariffs implemented by the president as a potential means for building federal Bitcoin reserves.

When asked about how much Bitcoin the U.S. wants to acquire, Hines referred to it as “a silly question,” implying that the government has plans to hold more of the digital asset.

Milestones and Bitcoin’s Value

Reflecting on the first days of his administration, the 29-year-old highlighted early actions taken under President Trump, including an executive order signed during his first week in office. The directive created an interagency working group, officially ended what is widely known as “Operation Chokepoint 2.0,” and led to major regulatory reversals.

This included the Securities and Exchange Commission (SEC) dropping key lawsuits and banking regulators easing restrictions on crypto firms. The Trump administration also hosted the first-ever White House Crypto Summit.

Hines stated that the U.S. is positioning itself to become “the crypto capital of the world,” aligning with the president’s broader vision to make America the most attractive destination for innovation in digital assets.

The former Republican nominee was appointed in January 2025 to the newly formed crypto advisory group and serves alongside crypto czar David Sacks. Although he acknowledged the existence of other digital ecosystems, Hines emphasized that the main focus is on Bitcoin due to its uniqueness.

He also referred to the cryptocurrency as “digital gold,” describing it as a commodity, not a security. Trump’s advisor referenced its origins and the concept of “Immaculate Conception,” a term previously used by David Sacks to show its intrinsic value.

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Tension Builds: Solana (SOL) on the Verge of a Huge Move?

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TL;DR

  • Solana’s Bollinger Bands have tightened on the 4-hour chart, a technical signal that sometimes precedes enhanced turbulence.
  • Despite a mild retreat in the last few days, analysts remain bullish on SOL, with price targets ranging from $240 to over $300.

Silence Before the Roar?

Solana’s SOL has been on a slight downtrend in the past week, with its valuation slipping by 3% and currently trading at roughly $148 (per CoinGecko’s data). Over the last several hours, it experienced little to no volatility, ranging from $145 to $149.

One important metric, though, suggests this calmness could be a precursor of a massive price action in the short term. The indicator in question is the Bollinger Bands, which, according to the popular X user Ali Martinez, has squeezed on SOL’s four-hour chart. 

Developed by John Bollinger in the 1980s, this technical tool helps traders identify when an asset may be overbought or oversold, signaling a potential trend reversal. When the bands tighten, it typically indicates a period of low volatility, which could be imminently followed by a substantial resurgence or a considerable pullback.

This pattern has also appeared on the charts of other cryptocurrencies and, on some occasions, has been followed by a notable bull run. For example, in December last year, XRP’s Bollinger Bands tightened significantly when the price hovered around $2.10. Just a few weeks later, the asset soared to nearly a new all-time high of approximately $3.40.

We have to make a disclaimer that the squeezing bands might have played their role, but the entire cryptocurrency market was also rallying at that time. Bitcoin (BTC), for instance, reached an ATH of just south of $110K. 

Price Targets

Despite the setback on a weekly scale, SOL is up almost 20% for the month, and some analysts believe the uptick is about to continue.

Jelle told his over 100,000 followers on X that Solana’s monthly candle “is not looking too shabby,” indicating it might be time for another test of $240. The last time the price was trading so high was at the end of January this year.

Earlier this month, BitBull also chipped in. They assumed that SOL could be gearing up for a “massive move” this year, which might mimic Ethereum’s explosive performance in 2021. The analyst thinks the $120-$130 was an accumulation zone, setting a target of over $300.

Recall that Ethereum (ETH) traded at around $730 at the start of 2021, whereas by the end of the year, it hit an ATH of almost $5,000, representing a 560% price increase. 

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Crypto Market Consolidation Continues as Bitcoin (BTC) Fails to Break Above $95K (Market Watch)

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Bitcoin’s failure to produce a big move toward $100,000 continued in the past 24 hours as the asset seems stuck at around $95,000 without any indication of where the next fluctuation wave will take it.

The altcoins have also been quite sluggish lately, with minor losses dominating the chart on a daily scale.

BTC Stalls at $95K

The primary cryptocurrency managed to break through its previous consolidation phase at the beginning of last week, when it pumped above $86,000, which served as the upper boundary of that channel. In the following days, the asset flew past $90,000 for the first time in over six weeks and skyrocketed to just shy of $96,000 last Friday. This became its highest price tag in two months.

Although it failed to breach that level and retraced slightly during the weekend, it remained high above the $90,000 support. The only brief slip came on Monday when BTC dropped to $93,000 but quickly recovered the losses.

The bulls went on the offensive but were stopped on a couple of occasions ahead of $96,000 despite the substantial inflows into the BTC ETFs. As such, bitcoin continues to trade sideways at around $95,000, currently sitting just inches below it.

Its market capitalization has stalled at $1.880 trillion on CG, while its dominance over the alts is well above 61%.

BTCUSD. Source: TradingView
BTCUSD. Source: TradingView

Alts Slightly in the Red

Most altcoins have lost some traction over the past 24 hours. LINK, AVAX, and XRP lead the adverse trend from the larger caps, with losses of up to 3.5% in the case of Chainlink.

ETH, DOGE, ADA, SUI, SHIB, HBAR, and BCH are also in the red, albeit in a slightly less painful manner.

The biggest losers from the top 100 alts include yesterday’s top performer, VIRTUAL, as well as TAO and TRUMP. The meme coin related to the US president has faced a lot of controversy as of late, including reports that the team behind it had started disposing of its holdings amid the price rally.

The total crypto market cap has declined slightly by around $15 billion since yesterday to $3.065 trillion on CG.

Cryptocurrency Market Overview. Source: QuantifyCrypto
Cryptocurrency Market Overview. Source: QuantifyCrypto
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Disclaimer: Information found on CryptoPotato is those of writers quoted. It does not represent the opinions of CryptoPotato on whether to buy, sell, or hold any investments. You are advised to conduct your own research before making any investment decisions. Use provided information at your own risk. See Disclaimer for more information.

Cryptocurrency charts by TradingView.

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