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Tag: court filing

  • Judge skeptical on ICE agents wearing masks in case that could have national implications

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    A top Trump administration lawyer pressed a federal judge Wednesday to block a newly enacted California law that bans most law enforcement officers in the state from wearing masks, including U.S. Immigration and Customs Enforcement agents.

    Tiberius Davis, representing the U.S. Department of Justice, argued at a hearing in Los Angeles that the first-of-its-kind ban on police face coverings could unleash chaos across the country, and potentially land many ICE agents on the wrong side of the law it were allowed to take effect.

    “Why couldn’t California say every immigration officer needs to wear pink, so it’s super obvious who they are?” Davis told U.S. District Judge Christina A. Snyder. “The idea that all 50 states can regulate the conduct and uniforms of officers … flips the Constitution on its head.”

    The judge appeared skeptical.

    “Why can’t they perform their duties without a mask? They did that until 2025, did they not?” Snyder said. “How in the world do those who don’t mask manage to operate?”

    The administration first sued to block the new rules in November, after Gov. Gavin Newsom signed the No Secret Police Act and its companion provision, the No Vigilantes Act, into law. Together, The laws bar law enforcement officers from wearing masks and compel them to display identification “while conducting law enforcement operations in the Golden State.” Both offenses would be misdemeanors.

    Federal officials have vowed to defy the new rules, saying they are unconstitutional and put agents in danger. They have also decried an exception in the law for California state peace officers, arguing the carve out is discriminatory. The California Highway Patrol is among those exempted, while city and county agencies, including the Los Angeles Police Department, must comply.

    “These were clearly and purposefully targeted at the federal government,” Davis told the court Wednesday. “Federal officers face prosecution if they do not comply with California law, but California officers do not.”

    The hearing comes at a moment of acute public anger at the agency following the fatal shooting of American protester Renee Good by ICE agent Jonathan Ross in Minneapolis — rage that has latched on to masks as a symbol of perceived lawlessness and impunity.

    “It’s obvious why these laws are in the public interest,” California Department of Justice lawyer Cameron Bell told the court Wednesday. “The state has had to bear the cost of the federal government’s actions. These are very real consequences.”

    She pointed to declarations from U.S. citizens who believed they were being abducted by criminals when confronted by masked immigration agents, including incidents where local police were called to respond.

    “I later learned that my mother and sister witnessed the incident and reported to the Los Angeles Police Department that I was kidnapped,” Angeleno Andrea Velez said in one such declaration. “Because of my mother’s call, LAPD showed up to the raid.”

    The administration argues the anti-mask law would put ICE agents and other federal immigration enforcement officers at risk of doxing and chill the “zealous enforcement of the law.”

    “The laws would recklessly endanger the lives of federal agents and their family members and compromise the operational effectiveness of federal law enforcement activities,” the government said in court filings.

    A U.S. Border Patrol agent on duty Aug. 14 outside the Japanese American National Museum, where Gov. Gavin Newsom was holding a news conference in downtown Los Angeles.

    (Carlin Stiehl / Los Angeles Times)

    Davis also told the court that ICE‘s current tactics were necessary in part because of laws across California and in much of the U.S. that limit police cooperation with ICE and bar immigration enforcement in sensitive locations, such as schools and courts.

    California contends its provisions are “modest” and aligned with past practice, and that the government’s evidence showing immigration enforcement would be harmed is thin.

    Bell challenged Department of Homeland Security statistics purporting to show an 8,000% increase in death threats against ICE agents and a 1,000% increase in assaults, saying the government has recently changed what qualifies as a “threat” and that agency claims have faced “significant credibility issues” in federal court.

    “Blowing a whistle to alert the community, that’s hardly something that increases threats,” Bell said.

    On the identification rule, Snyder appeared to agree.

    “One might argue that there’s serious harm to the government if agents’ anonymity is preserved,” she said.

    The fate of the mask law may hinge on the peace officer exemption.

    “Would your discrimination argument go away if the state changed legislation to apply to all officers?” Snyder asked.

    “I believe so,” Davis said.

    The ban was slated to come into force on Jan. 1, but is on hold while the case makes its way through the courts. If allowed to take effect, California would become the first state in the nation to block ICE agents and other federal law enforcement officers from concealing their identities while on duty.

    A ruling is expected as soon as this week.

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    Sonja Sharp

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  • US seeks to deport Kilmar Abrego Garcia to Uganda after he refuses plea offer

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    Immigration officials said they intend to deport Kilmar Abrego Garcia to Uganda, after he declined an offer to be deported to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, according to a Saturday court filing.The Costa Rica offer came late Thursday, after it was clear that the Salvadoran national would likely be released from a Tennessee jail the following day. Abrego Garcia declined to extend his stay in jail and was released on Friday to await trial in Maryland with his family. Later that day, the Department of Homeland Security notified his attorneys that he would be deported to Uganda and should report to immigration authorities on Monday.His attorneys declined to comment on whether the plea offer had been formally rescinded. The brief they filed only said that Abrego Garcia had declined one part of the offer — to remain in jail — and that his attorneys would “communicate the government’s proposal to Mr. Abrego.”Abrego Garcia’s case became a flashpoint in President Donald Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on human smuggling charges.He has pleaded not guilty and has asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation to El Salvador. The Saturday filing came as a supplement to that motion to dismiss, stating that the threat to deport him to Uganda is more proof that the prosecution is vindictive.“The government immediately responded to Mr. Abrego’s release with outrage,” the filing reads. “Despite having requested and received assurances from the government of Costa Rica that Mr. Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday morning.”Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case in Maryland, which requires immigration officials to allow Abrego Garcia time to mount a defense.

    Immigration officials said they intend to deport Kilmar Abrego Garcia to Uganda, after he declined an offer to be deported to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, according to a Saturday court filing.

    The Costa Rica offer came late Thursday, after it was clear that the Salvadoran national would likely be released from a Tennessee jail the following day. Abrego Garcia declined to extend his stay in jail and was released on Friday to await trial in Maryland with his family. Later that day, the Department of Homeland Security notified his attorneys that he would be deported to Uganda and should report to immigration authorities on Monday.

    His attorneys declined to comment on whether the plea offer had been formally rescinded. The brief they filed only said that Abrego Garcia had declined one part of the offer — to remain in jail — and that his attorneys would “communicate the government’s proposal to Mr. Abrego.”

    Abrego Garcia’s case became a flashpoint in President Donald Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on human smuggling charges.

    He has pleaded not guilty and has asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation to El Salvador. The Saturday filing came as a supplement to that motion to dismiss, stating that the threat to deport him to Uganda is more proof that the prosecution is vindictive.

    “The government immediately responded to Mr. Abrego’s release with outrage,” the filing reads. “Despite having requested and received assurances from the government of Costa Rica that Mr. Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday morning.”

    Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case in Maryland, which requires immigration officials to allow Abrego Garcia time to mount a defense.

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  • U.S. declines to pursue death penalty against trio of accused Mexican cartel kingpins

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    Federal authorities in the United States revealed Tuesday that they will not seek the death penalty against three reputed Mexican drug cartel leaders, including an alleged former partner of the infamous “El Chapo” and the man accused of orchestrating the killing of a Drug Enforcement Administration agent.

    Court filings showed decisions handed down in the trio of prosecutions, all being held in Brooklyn, N.Y.

    The cases involve drug and conspiracy charges against Ismael “El Mayo” Zambada, 75, charged with running a powerful faction of Mexico’s Sinaloa cartel; Rafael Caro Quintero, 72, who allegedly masterminded the DEA agent’s torture and murder in 1985; and Vicente Carrillo Fuentes, 62, also known as El Viceroy, who is under indictment as the ex-boss of the Juárez cartel.

    Prosecutors from the Eastern District of New York filed a letter in each case “to inform the Court and the defense that the Attorney General has authorized and directed this Office not to seek the death penalty.”

    The decision comes despite calls by President Trump use capital punishment against drug traffickers and the U.S. government ratcheting up pressure against Mexico to dismantle organized crime groups and to stanch the flow of fentanyl and other illicit drugs across the border.

    A White House spokesperson did not immediately respond to a request for comment.

    It’s rare for the death penalty to be in play against high-level Mexican cartel figures. Mexico long ago abolished capital punishment and typically extradites its citizens on the condition that they are spared death.

    In Zambada’s case, the standard restrictions did not apply because he was not extradited. Zambada was brought to the U.S. in July 2024 by a son of his longtime associate, Joaquín “El Chapo” Guzmán. Zambada alleges he was ambushed and kidnapped in Sinaloa by Joaquín Guzmán López, who forced him onto an airplane bound for a small airport outside El Paso.

    Zambada has pleaded not guilty to the charges against him and remains jailed in Brooklyn while his case proceeds. A court filing in June said prosecutors and the defense had “discussed the potential for a resolution short of trial,” suggesting plea negotiations are underway.

    We’re going to be asking [that] everyone who sells drugs, gets caught selling drugs, to receive the death penalty for their heinous acts

    — President Trump in 2022

    Frank Perez, the lawyer representing Zambada, issued a statement Tuesday to The Times that said: “We welcome the government’s decision not to pursue the death penalty against our client. This marks an important step toward achieving a fair and just resolution.”

    Federal authorities announced in May that Guzmán López, 39, an accused leader of the Sinaloa cartel faction known as “Los Chapitos,” would also not face the death penalty. He faces an array of drug smuggling and conspiracy charges in a case pending before the federal court in Chicago.

    Another son of El Chapo, Ovidio Guzmán López, 35, pleaded guilty to drug trafficking, money laundering and firearms charges last month in Chicago. Court filings show he has agreed to cooperate with U.S. authorities in other investigations.

    Caro Quintero and Carrillo Fuentes were two of the biggest names among a group of 29 men handed over by Mexico to the U.S. in February. The unusual mass transfer was conducted outside the typical extradition process, which left open the possibility of the death penalty.

    Reputed to be a founding member of Mexico’s powerful Guadalajara cartel in the 1980s, Caro Quintero is allegedly responsible for the brutal slaying of DEA agent Enrique “Kiki” Camarena 40 years ago.

    The killing, portrayed on the Netflix show “Narcos: Mexico” and recounted in many books and documentaries, led to a fierce response by U.S. authorities, but Caro Quintero managed to elude justice for decades. Getting him on U.S. soil was portrayed as a major victory by Trump administration officials.

    Derek Maltz, the DEA chief in February, said in a statement that Caro Quintero had “unleashed violence, destruction, and death across the United States and Mexico, has spent four decades atop DEA’s most wanted fugitives list.”

    Carrillo Fuentes is perhaps best known as the younger brother of another Mexican drug trafficker, Amado Carrillo Fuentes, the legendary “Lord of the Skies,” who died in 1997. Once close to El Chapo, El Mayo and other Sinaloa cartel leaders, the younger Carrillo Funtes split off to form his own cartel in the city of Juárez, triggering years of bloody cartel warfare.

    Kenneth J. Montgomery, the lawyer for Carrillo Fuentes, said Tuesday that his client was “extremely grateful” for the government’s decision to not seek the death penalty. “I thought it was the right decision,” he said. “In a civilized society, I don’t think the death penalty should ever be an option.”

    Trump has been an ardent supporter of capital punishment. In January, he signed an order that directs the attorney general to “take all necessary and lawful action” to ensure that states have enough lethal injection drugs to carry out executions.

    The executive order directed the attorney general to pursue the death penalty in cases that involve the killing of law enforcement officers, among other factors. For years, Trump has loudly called for executing convicted drug traffickers. He reiterated the call for executions again in 2022 when announcing his intent to run again for president.

    “We’re going to be asking [for] everyone who sells drugs, gets caught selling drugs, to receive the death penalty for their heinous acts,” Trump said.

    Atty. Gen. Pam Bondi lifted a moratorium on federal executions in February, reversing a policy that began under the Biden administration. In April, Bondi announced intentions to seek the death penalty against Luigi Mangione, the man charged with assassinating a UnitedHealthcare executive in New York City.

    Bonnie Klapper, a former federal narcotics prosecutor in the Eastern District of New York, reacted with surprise upon learning that the Trump administration had decided to not pursue capital cases against the accused kingpins, particularly Caro Quintero.

    Klapper, who is now a defense attorney, speculated that Mexico is strongly opposed to executions of its citizens and officials may have exerted diplomatic pressure to spare the lives of the three men, perhaps offering to send more kingpins in the future.

    “While my initial reaction is one of shock given this administration’s embrace of the death penalty, perhaps there’s conversations taking place behind the scenes in which Mexico has said, ‘If you want more of these, you can’t ask to kill any of our citizens.’”

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    Keegan Hamilton

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  • Gun, ghost, coffin emojis: How ex-NBA player Chance Comanche confessed to strangling woman in Vegas

    Gun, ghost, coffin emojis: How ex-NBA player Chance Comanche confessed to strangling woman in Vegas

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    Former NBA player Chance Comanche has admitted to working with his girlfriend to strangle a woman to death in Las Vegas earlier this month, according to authorities and court documents.

    The former Beverly Hills High basketball star admitted to Las Vegas homicide detectives that he conspired with Sakari Harnden to kill Marayna Rodgers in the early hours of Dec. 6, a court filing said.

    Comanche, 27, who played briefly for the Sacramento Kings in October and Portland Trail Blazers in April, was playing for the Stockton Kings of the NBA G League at the time of the killing. The team was in Las Vegas for a game the night of Dec. 5, and the court filing alleges that he and Harnden planned the killing days earlier through numerous text messages — some including emojis of a gun, a ghost and a coffin.

    After they were unable to find someone to kill Rodgers for $3,000, Comanche and Harnden, 19, decided to carry out the killing themselves, the filing said. In a text message to Harnden on Dec. 4, Comanche wrote, “If you get a nice little thick piece of rope or sum sturdy I can do it from the back seat. Like how killers do it in the movies.”

    According to the court filing, Harnden and Rodgers, 23, were prostitutes and acquaintances who had argued over a Rolex watch and the fact that Rodgers had revealed to others that Harnden had cooperated with police about a boyfriend’s involvement in a double homicide in Stockton earlier this year. The boyfriend, Iosua Sataua, was arrested in May along with a 16-year-old boy in the case.

    The night of the killing in Las Vegas, Harnden told Rodgers that Comanche was a trick who was into kinky sex and wanted to tie them up and have sex with both of them, according to the court filing. Rodgers agreed, and while sitting in the front passenger seat of Harnden’s Mercedes-Benz willingly allowed Harnden to tie her hands together with zip ties, the filing said.

    Comanche told detectives that he strangled Rodgers with an HDMI cord from the backseat and that Harnden strangled her with both hands around her neck, the filing said.

    “Chance made reference to fluid coming out of Marayna’s mouth, which caused them to believe Marayna was dead,” the filing said.

    Comanche and Harnden placed Rodgers’ body in a ditch and covered it with rocks, according to the court filing. The next morning Comanche boarded the team bus headed for the airport.

    Las Vegas homicide detectives interviewed Comanche in Stockton on Friday. The court filing said he confessed to the killing and told detectives where Rodgers’ body was located.

    A criminal complaint filed in Las Vegas court on Monday charged Comanche and Harnden with murder and conspiracy to commit murder. Comanche appeared in a Sacramento County court on Tuesday and waived his extradition, meaning Las Vegas police will have 30 days to take him to Nevada.

    In 2015, Comanche, a 6-foot-10 center, led Beverly Hills to its first CIF Southern Section championship since 1969, averaging 20 points and 16 rebounds a game. He chose Arizona over offers from Louisville and Gonzaga, and in two seasons averaged 4.6 points and 2.8 rebounds a game.

    Comanche declared for the 2017 NBA draft, forgoing the remaining two years of his college eligibility, but was not selected. Since then he’s bounced around the G League and in 2021 played for a professional team in Turkey.

    The Trail Blazers signed Comanche to a 10-day contract in April and he appeared in one game, scoring seven points. He wasn’t re-signed but landed with the Sacramento Kings on a 10-day contract in October. The Stockton Kings released him shortly after his arrest.

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    Steve Henson

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  • Binance Pleads Guilty, Loses CZ, Pays Fines to End Legal Woes

    Binance Pleads Guilty, Loses CZ, Pays Fines to End Legal Woes

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    (Bloomberg) — Binance Holdings Ltd. and its Chief Executive Officer Changpeng Zhao pleaded guilty to anti-money laundering and US sanctions violations under a sweeping settlement with the US that allows the cryptocurrency exchange to continue operating.

    Most Read from Bloomberg

    Binance will pay $4.3 billion in one of the largest corporate agreements in US history. Zhao will pay a $50 million fine under a deal that requires him to step down as CEO. Zhao pleaded guilty Tuesday to violating the Bank Secrecy Act in federal court in Seattle. The deal, which includes the Justice Department, Treasury Department and the Commodity Futures Trading Commission, ends a years-long investigation into the exchange.

    Binance, which admitted that it allowed transactions with Hamas and other terrorist groups on the platform, was charged with three counts, including anti-money laundering, operating an unlicensed money transmitting business and violating US sanctions. The exchange is paying a criminal fine of $1.8 billion and forfeiting $2.5 billion, according to court filings unsealed Tuesday.

    Zhao faces as many as 10 years in prison but is expected to get no more than 18 months under a plea deal that appears to have saved him from the harsh penalties that other prominent crypto criminals have faced. The Justice Department hasn’t decided yet what length of a prison term they will seek for him.

    Binance’s violations included failure to prevent and report suspicious transactions with terrorists, including Hamas’ Al-Qassam Brigades, Palestinian Islamic Jihad, Al Qaeda, and the Islamic State of Iraq and Syria, according to the Treasury Department. The announcement comes as Israel and Hamas have been embroiled in a war that began Oct. 7.

    Binance also allowed at least 1.1 million transactions, worth more than $898 million, on its platform between customers in US and Iran, according to the court filing.

    “Binance became the world’s largest cryptocurrency exchange in part because of the crimes it committed — now it’s paying one of the largest corporate penalties in U.S. history,” Attorney General Merrick Garland said in a press release.

    Money from the fine will be split among DOJ, CFTC and other agencies. It includes $3.4 billion to the Treasury Department’s Financial Crimes Enforcement Network and $968 million to its Office of Foreign Assets Control over Bank Secrecy Act and sanctions violations.

    New CEO

    BNB, a cryptocurrency tied to the Binance ecosystem, slipped about 5.2% following the news. The token had hit a five-month high earlier in the day on the news that the DOJ would soon confirm its settlement with the exchange.

    “Binance turned a blind eye to its legal obligations in the pursuit of profit,” Treasury Secretary Janet Yellen said in a press release. “Its willful failures allowed money to flow to terrorists, cybercriminals and child abusers through its platform.”

    The settlement negotiated between the two sides will resolve all allegations of criminal wrongdoing. Bloomberg News reported the settlement on Monday. Garland and Yellen held a press conference Tuesday to announce details of the deal.

    Read More: US Is Seeking More than $4 Billion From Binance to End Case

    As part of his plea deal with the government, Zhao, who has a net worth of $23 billion according to Bloomberg’s Billionaires Index, has stepped down as Binance CEO and can’t be involved in managing the company for three years. Richard Teng will succeed Zhao as CEO. Richard Teng will succeed Zhao as CEO.

    The company has also agreed to enhance its compliance program and appoint an independent monitor for three years. Binance’s multibillion dollar fine reflects a 20% discount for “partial cooperation” with the investigation, the agreement states.

    In a blog post Tuesday, the company acknowledged that it did not have proper compliance controls in its early launch, but said the settlement didn’t include any allegations that Binance misappropriated user funds or engaged in market manipulation.

    VIP Customers

    The Justice Department accused the company — as well as top executives, including Zhao — of taking steps to conceal that it was dodging US laws intended to stem the flow of dirty money around the world. The filing states that from about August 2017 until October 2022, Binance and Zhao were involved in a “deliberate and calculated effort” to profit from the US market without implementing controls required by law.

    Binance “chose not to comply with US legal and regulatory requirements because it determined that doing so would limit its ability to attract and maintain US users,” according to the charging document.

    Binance created loopholes that allowed US-based VIP customers to trade on the international exchange through offshore entities. The government’s case relied on internal documents, chats and details of phone calls to show how Binance helped VIP customers circumvent IP address blocking.

    These strategies, the government claimed, allowed US-based VIP users to carry out virtual currency transactions “equivalent to billions of US dollars per day.” Acting on instruction from Zhao and other senior management, employees encouraged the VIPs to conceal their US connections, including by creating new accounts.

    Zhao, according to the government’s court filings, discussed strategies to keep the market makers on Binance.com to reduce “our own losses” and to have “US supervision agencies not cause us any troubles.”

    Zhao was well aware of the presence of US customers on the Binance.com exchange. In a chat in 2019, he wrote that if Binance blocked US customers from day one “Binance will not be as big as we are today.”

    A year later, US users still made up 16% of total users on Binance, more than any other country. Binance removed the US label for user location and recategorized it as “UNKWN.”

    Zhao wrote that it was “better to ask for forgiveness than permission” and described the situation as a “grey zone.”

    CZ in Court

    Zhao wore a dark suit and light blue tie, and spent most of the hearing seated with his hands clasped. Judge Brian Tsuchida ruled Zhao would be released and was free to return to his home in the United Arab Emirates while awaiting sentencing.

    “I want to close the issue, I want to take responsibility and close this chapter of my life,” Zhao told the court during the hearing. Zhao said he was “a little bit scared” to come to the US to face his plea, but said he was reassured by the court’s thoroughness. “I will return.”

    Zhao’s bond was set at $175 million, after his lawyers said he would be prepared to put up that amount to secure his release. Lawyers for the government, who had asked that Zhao be ordered to stay in the country because the US lacks an extradition treaty with the UAE, said they would appeal the release terms.

    As part of the release, Zhao’s sister also put up a California home, which his lawyers said was valued at more than $5 million, and two unnamed guarantors committed a total of $350,000.

    Zhao faces a maximum sentence of 10 years and fines up to $500,000, plus any profits he made from the alleged scheme. His lawyers said in court that his sentencing will be delayed by 6 months. Zhao’s agreement includes a waiver of his right to appeal, provided that his sentence doesn’t exceed 18 months, judge Tsuchida said during the plea hearing.

    Crypto Crackdown

    The resolution against the world’s largest cryptocurrency exchange and its top leader represents one of the largest penalties imposed within the cryptocurrency industry, which has been facing withering scrutiny from the Justice Department, other government agencies and lawmakers.

    Binance, which exploded onto the crypto scene in 2017 and almost immediately took on and surpassed larger rivals, saw its market share surge to more than 60% worldwide after the fall of FTX in November 2022. Since then, its combined market share for spot crypto and derivatives has declined to less than 44% this month, according to researcher CCData.

    The Justice Department recently prosecuted FTX co-founder Sam Bankman-Fried in New York for allegedly orchestrating a multibillion-dollar misappropriation of customer funds that led to the cryptocurrency exchange’s collapse. Bankman-Fried was convicted of fraud following a high-profile criminal trial.

    Both the CFTC and Securities and Exchange Commission sued Binance and Zhao earlier this year alleging a range of violations, including mishandling customer funds and allowing Americans to illegally access the platform. Tuesday’s settlement resolves the CFTC case but the SEC lawsuit is ongoing.

    Zhao worked at Bloomberg LP, the parent company of Bloomberg News, from 2002 to 2005.

    –With assistance from Michael P. Regan, Yueqi Yang, stacy-marie ishmael, David Voreacos and Daniel Flatley.

    (Updates with details from the press conference and the complaint throughout the story.)

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    ©2023 Bloomberg L.P.

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