
A DOJ memo warns prosecutors that Binance may require MLAT requests for asset freezes, slowing illicit fund recovery. Binance denies any change, citing ADGM rules.
The U.S. Department of Justice told its cryptocurrency prosecutors in early June that Binance is preparing to add new conditions to asset-freeze and seizure requests, potentially slowing the recovery of stolen or sanctioned funds. The warning came in an internal memo from Rachel Jones, the DOJ's digital currency counsel, and was reviewed by The Information.
Binance denies any change in posture. A spokesperson said cooperation with U.S. law enforcement "has been and will be no change." The company's head of corporate communications told BeInCrypto that the DOJ likely misread Binance's obligations under its license from the Abu Dhabi Global Market.
ADGM data protection rules took effect in January. Official guidance says the exemption for necessary disclosures "would not extend to cover requests from law enforcement agencies outside of the UAE." A narrow reading means international authorities would need to go through the Mutual Legal Assistance Treaty process instead of relying on Binance's voluntary cooperation for immediate freezes.
Binance points to a separate exception in the same guidance – transfers needed for "the establishment, exercise or defence of legal claims" – and says that lets it keep helping U.S. agencies. The firm is "not going to change in any way, shape or form, the way that we interact with law enforcement in America," the communications head said.
Scott Armstrong, a former DOJ Fraud Section official, told The Information the rumored shift would create "an additional and quite frankly unnecessary hurdle" for investigators. If Binance requires MLAT requests, freezing assets could take weeks instead of hours.
The timing matters because the compliance framework around Binance has loosened over the past year. The exchange pleaded guilty in November 2023 to violating the Bank Secrecy Act and sanctions rules, paying over $4 billion and accepting three years of independent monitoring. Since then, Deputy Attorney General Todd Blanche ended the department's "regulation by prosecution" approach to digital assets and shuttered the National Cryptocurrency Enforcement Team. Founder Changpeng Zhao received a pardon. Prosecutors now rely more heavily on Binance's voluntary help to track and freeze illicit funds.
The internal memo said Binance plans to stop "courtesy freezes" and may require a full MLAT request before acting on some asset seizures. That would slow investigators trying to recover funds that can move off the exchange in minutes.
Binance has raised the DOJ memo with department officials as part of its push to end the court-ordered monitorship. The outcome of that conversation – whether it clears up a misunderstanding or confirms a procedural shift – will determine how quickly U.S. agencies can freeze crypto tied to hacks, ransomware, sanctions violations or fraud on the world's largest exchange.
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