The crypto exchange, KuCoin is facing a double threat from US regulators – the Commodity Futures Trading Commission (CFTC) and the Department of Justice (DOJ). Both agencies have filed separate lawsuits against KuCoin, alleging violations of different regulations.
CFTC Complaint Targets Unregistered Commodities Trading
The CFTC’s complaint, filed in March 2024, centers on KuCoin’s alleged offering of unregistered commodities. The Commission claims that the exchange facilitated trading in cryptocurrencies like Bitcoin, Ether, and Litecoin without registering with the CFTC. This is classified as a violation of the Commodity Exchange Act (CEA).
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“The CFTC alleges that KuCoin allowed its users to engage in off-exchange commodity futures transactions and leveraged margin trading of cryptocurrencies,” a CFTC press release stated. “These activities fall under the CFTC’s regulatory purview, and KuCoin’s failure to register constitutes a violation.”
The CFTC is seeking significant penalties from KuCoin, including disgorgement of ill-gotten gains, civil monetary penalties, and permanent bans on trading and registration. Additionally, the agency seeks a permanent injunction to prevent KuCoin from further violations of the CEA and CFTC regulations.
DOJ Accuses KuCoin of Anti-Money Laundering Violations
The lawsuit filed by the DOJ targets KuCoin’s alleged violation of the Bank Secrecy Act (BSA). The DOJ accuses the crypto exchange and its co-founders of failing to implement adequate Know-Your-Customer (KYC) procedures from July 2019 to June 2023. These procedures are crucial for preventing money laundering and identifying suspicious activity.
“The DOJ alleges that KuCoin did not have a functioning KYC program in place for a significant period,” a source familiar with the case revealed. “This lack of controls allegedly allowed KuCoin to be used for illicit financial activities, facilitating the transfer of billions in suspicious funds.”
The DOJ further claims that KuCoin’s alleged implementation of a KYC program in July 2023 was a sham, undertaken only after the exchange became aware of a government investigation. The lack of proper KYC procedures allegedly exposed the platform to over $4 billion in “suspicious and criminal funds” and resulted in $5 billion in profits from operating outside regulatory scrutiny.
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Not KuCoin’s First Brush with Regulators
These lawsuits are not the first time KuCoin has faced regulatory challenges. In December 2023, the New York Attorney General’s office settled with KuCoin for $22 million, resolving allegations related to unregistered securities offerings.
Similarly, in late 2023, the CFTC and DOJ jointly targeted another major crypto exchange, Binance, in a multi-billion dollar settlement for similar anti-money laundering violations.
The KuCoin cases highlight the increasing focus of US regulatory bodies on the cryptocurrency market. The CFTC and DOJ actions underscore their commitment to ensuring compliance with financial regulations and combating illegal activities within the crypto space.
KuCoin will now have to navigate these legal challenges and potentially face significant penalties and operational changes to satisfy these regulatory demands.
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