CySEC regulated Banc de Binary has been on the receiving end of a civil suit launched by CTFC. The US Commodities Futures Commission has alleged that Banc de Binary had been acting contrary to US regulation by allowing US traders to trade through their Binary Options platform. In the suit which was filed in Nevada the CTFC alleges that from May 2011 until March 2013, Banc De Binary allowed US customers to trade option products. It is well known that US regulation prohibits the trading of off exchange options, leading to the rise of exchanges such as Nadex which allow for the regulated trading of Binary Options.
The CTFC has further alleged that Banc de Binary also failed to limit its option offerings to eligible market participants. This essentially means that Banc de Binary failed to collect any information in regards to their clients net worth and trading experience, again this is required by US regulations as a customer protection measure. It also appears that the CTFC also took issue with Banc de Binary listing a Wall Street office on their website, which is again something the US regulators take a dim view of.
Banc de Binary isn’t the first European regulated entity to have been in the CTFC’s firing line, with 2012 seeing 25 Forex brokerages getting in trouble for soliciting US customers. Not all of the 25 firms listed on the CTFC’s list back in 2012 received a fine with a number of brokerages being able to avoid any sort of monetary fine. However it appears this will not be the case in this particular instance with the CTFC seeking restitution, disgorgement, and rescission as well as injunction preventing Banc de Binary from operating in the US. It thus appears that the CTFC wants to go further than with the brokerages that were fined last year, with it appearing that the CTFC wants to award a heavy fine as well an ensure the return of profits made from accepting US customers.
The CTFC acknowledged CySEC and the FCA in assisting in the investigation. If the ruling does go against Banc de Binary, it will be interesting to see whether the European regulators will co-operate with the CTFC and enforce whatever penalties are assessed necessary by the US authorities.