In a fresh blow to Binance’s already embattled reputation, India’s Financial Intelligence Unit (FIU) has hit the crypto exchange with a hefty fine of 188.2 million rupees ($2.25 million). This penalty comes as Binance faces a barrage of legal challenges, including an ongoing court trial in Nigeria.
What They Are Saying
India’s regulations require virtual digital asset service providers, like Binance, to register with the FIU and comply with stringent anti-money laundering (AML) laws. Binance’s trouble started in May when it registered with the FIU after receiving show-cause notices for operating in India without proper compliance.
A document titled ‘Order in Original No. 10/DIR/FIU-IND/2024,’ obtained by Channels Television, revealed that Binance was found guilty of violating several provisions of India’s Prevention of Money Laundering Act (PMLA) of 2002. Specifically, the FIU cited Binance for contravening Sections 12(1) and related rules of the PMLA. Consequently, a notice was issued on December 28, 2023, demanding Binance justify its non-compliance.
After reviewing Binance’s submissions, the FIU director concluded that the violations were substantiated, leading to the substantial fine issued on June 19, 2024. The FIU also directed Binance to strictly adhere to AML and counter-terrorism financing (CFT) obligations.
“After considering the written and oral submissions of the Binance, Director, FIU-IND, based on the material available on record, found that the charges against Binance were substantiated.
Consequently, the Director FIU-IND vide order dated 19th June 2024 in the exercise of powers under Section 13 PMLA, imposed a total penalty of Rs. 18,82,00,000 (Rupees Eighteen Crore Eighty Two Lakh Only) on the Binance with reference to the following violations committed by the Binance: Contravention of Section 12(1), PMLA rw Rules 7(1), PML Rules (i) Contravention of Section 12(1), PMLA rw Rules 3(1)(D) and 7(3), PML Rules () Contravention of Section 12(1), PMLA r’w Rule 8(2) PML Rules
“Furthermore, specific directions have also been issued to Binance to ensure diligent compliance with the obligations outlined in Chapter IV of the Prevention of Money Laundering Act (PMLA) of 2002, in conjunction with the PMLA Maintenance of Record Rules (PMLA Rules) of 2005 for the prevention of money laundering activities and combating the financing of terrorism (AMLCFT).”
Why It Matters
Binance’s troubles are not confined to India. In Nigeria, the Federal Inland Revenue Service (FIRS) has accused the crypto giant of tax evasion, while the Economic and Financial Crimes Commission (EFCC) alleges Binance laundered over $35 million through its platform. Additionally, the Nigerian government has criticized Binance for influencing foreign exchange rates, prompting tighter scrutiny of cryptocurrency exchanges.
Earlier this year, Nigeria detained two senior Binance executives: Nadeem Anjarwalla, a British-Kenyan regional manager for Africa, and Tigran Gambaryan, an American head of financial crime compliance. Although a Federal High Court recently discharged these executives from the tax evasion case, the FIRS has filed amended charges against Binance.
These legal battles highlight the growing pressure on Binance as it grapples with regulatory compliance across different jurisdictions. The exchange’s attempts to resume operations in India, coupled with its legal strife in Nigeria, paint a picture of a company under siege. As authorities worldwide ramp up efforts to regulate the crypto industry, Binance’s challenges could serve as a cautionary tale for other players in the sector.
Bottom Line
Binance’s mounting legal issues in India and Nigeria underscore the importance of regulatory compliance for cryptocurrency exchanges. With hefty fines and severe accusations against it, Binance is fighting an uphill battle to maintain its operations and reputation. As the global regulatory landscape tightens, the exchange’s future remains uncertain.