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DOJ considering new law firm as monitor for Binance amid FTX ties

DOJ considering new law firm as monitor for Binance amid allegations of FTX ties

The Department of Justice (DOJ) is reevaluating its decision to appoint Sullivan & Cromwell as the independent monitor for Binance due to concerns over the law firm’s relationship with FTX. Sullivan & Cromwell was on the verge of being named as the monitor to ensure Binance’s compliance with a settlement that included a $4.3 billion penalty for violating US anti-money laundering laws and sanctions regulations. However, the decision has been stalled as a result of the law firm’s previous association with FTX, which has raised doubts about its ability to oversee Binance effectively.

Sullivan & Cromwell’s involvement in handling FTX’s legal matters before and after its bankruptcy in November 2022 has attracted scrutiny and criticism in terms of its oversight capabilities. The firm had collected over $170 million in fees during its tenure with FTX, where it was responsible for locating assets worth billions of dollars. Despite assurances made by an FTX attorney to a bankruptcy court about creditors potentially recovering their funds, Sullivan & Cromwell has faced legal challenges from FTX customers and is currently under investigation by a bankruptcy investigator for its pre-collapse services.

Sam Bankman-Fried, the co-founder of FTX who was recently sentenced to 25 years, implicated Sullivan & Cromwell and other entities in his defense. However, the law firm maintains that its involvement with FTX was limited, a claim supported by the exchange’s new management, which questions the credibility of Bankman-Fried’s allegations.

In light of these concerns, the DOJ is now exploring alternative candidates for the monitorship, although the Treasury’s Financial Crimes Enforcement Network (FinCEN) still favors selecting Sullivan & Cromwell. The appointed monitor will be responsible for conducting a comprehensive review of Binance’s adherence to regulatory requirements, including thorough inspections of internal documents and direct interaction with staff to ensure full compliance with the agreed legal stipulations.