Bittrex settles with SEC for $24 million
The Bittrex crypto exchange was charged in April by the SEC for operating an unregistered exchange, broker, and clearing agency. In May, Bittrex filed for bankruptcy. Now, Bittrex has agreed to a $24 million fine to settle the charges from the SEC. If approved, Bittrex will have sixty days after filing a liquidation plan to pay the amount to the SEC — $18.4 million of which is disgorgement, plus a $5.6 million fine.
Bittrex files for bankruptcy
A bit over a month after Bittrex announced it was closing US operations, and less than a month after the US SEC charged the company with operating an unregistered exchange, Bittrex has filed for Chapter 11 bankruptcy protection. According to court filings, the company has assets and liabilities both within the $500 million and $1 billion range, and has more than 100,000 creditors.
Bittrex used to be a much larger presence in the US, enjoying more than 20% of US market share in 2018. It has since dropped to below 1%.
The entity that filed for bankruptcy in the US is Bittrex, Inc., which is separate from Bittrex Global. "This announcement does not impact Bittrex Global, which will continue operations as normal for its customers outside the U.S.," said a Bittrex spokesperson.
SEC charges Bittrex with operating an unregistered exchange
Several weeks after Bittrex announced it would be winding down its US operations by the end of April, citing the US "regulatory and economic environment", the SEC filed charges against the company and its co-founder and former CEO William Shihara for operating an unregistered national securities exchange, broker, and clearing agency.
The complaint also alleges that Bittrex and Shihara had coordinated with token issuers to dodge potential SEC action by having them remove public "problematic statements" predicting price, describing an expectation of profit, or describing offerings in terms of investments.
Bittrex crypto exchange to close US operations
Bittrex, one of the oldest and largest cryptocurrency exchanges serving US customers, announced that it would be shuttering its US platform. "It's just not economically viable for us to continue to operate in the current U.S. regulatory and economic environment," explained CEO Ritchie Lai, who went on to blame "unclear" regulatory requirements that are "enforced without appropriate discussion or input". The exchange gave its customers until April 30 to withdraw their funds.
In October 2022, Bittrex was fined a combined $29 million by the US Office of Foreign Assets Control (OFAC) and the Financial Crimes Enforcement Network (FinCEN). The OFAC fine pertained to Bittrex's service of users based in Crimea, Cuba, Iran, Sudan, and Syria, who altogether performed $263 million in transactions using the platform. FinCEN's fine was imposed as a result of alleged "willful violations" of requirements around anti-money laundering and suspicious activity reports.
Bittrex will continue operations outside of the US, and currently operate in Europe, South America, and elsewhere.
Bittrex fined $29 million for sanctions violations
The U.S. Treasury Department announced fines against Bittrex, a U.S.-based cryptocurrency exchange. The Office of Foreign Assets Control (OFAC) announced a $24 million penalty against the company, and the Financial Crimes Enforcement Network (FinCEN) announced a $29 million fine. Both groups form parts of the Treasury Department. FinCEN said it would credit the fine to be paid to OFAC towards the total fine they imposed, meaning Bittrex will pay $29 million in total. According to the Treasury Department, the fines are the largest they've ever imposed on a virtual currency platform.
The OFAC sanction was imposed due to 116,421 reported sanctions violations in which Bittrex failed to prevent people in Crimea, Cuba, Iran, Sudan, and Syria from using their service. In total, these prohibited individuals performed more than $263 million in transactions on the platform.
The FinCEN fine was imposed due to "willful violations" of the Bank Secrecy Act's requirements pertaining to anti-money laundering (AML) and suspicious activity reports.