Binance seeks early exit from DOJ’s watchful eye

Binance is reportedly negotiating an early termination of its court-appointed compliance monitor. The move, signaling a potential thaw in regulatory frost, could free the exchange from a key condition of its historic $4.3 billion settlement.

On September 16, Bloomberg reported that Binance Holdings Ltd. is in advanced, confidential negotiations with the U.S. Department of Justice to terminate its court-appointed compliance monitor years ahead of schedule.

The monitor, Forensic Risk Alliance, was imposed for a three-year term as part of the exchange’s landmark $4.3 billion plea deal in 2023, which resolved allegations of severe anti-money laundering and sanctions violations. This potential early release signals a significant shift in the DOJ’s enforcement strategy regarding corporate oversight.

A rare recalibration in oversight

According to the Bloomberg report, which cited individuals familiar with the confidential negotiations, the DOJ’s willingness to consider an early termination stems from a broader policy reassessment under the current administration.

The shift was telegraphed in an April memo where the Justice Department stated it “is not a digital assets regulator” and would prioritize cases involving clearer federal crimes like terrorism and hacks, rather than using its authority to superimpose regulatory frameworks.

This new directive appears to be a primary driver behind the reassessment of Binance’s monitorship, suggesting prosecutors may now view such oversight as exceeding their intended mandate.

Forensic Risk Alliance, the firm appointed in May 2024, was tasked with auditing Binance’s controls under the plea deal. Frances McLeod, a founding partner at FRA, was installed to oversee whether Binance adhered to anti-money-laundering and sanctions laws, and to test the effectiveness of its remedial programs. Independent monitors of this kind are rarely lifted ahead of time, underscoring the significance of these discussions.

Binance doubles down on compliance

Since the settlement, Binance has moved aggressively to shore up its compliance record. The Wall Street Journal reported the exchange spent an estimated $200 million on compliance in 2024 alone, a figure that aligns with CEO Richard Teng’s stated strategy of making regulatory adherence a “competitive advantage.”

Teng, a former regulator himself who took helm of the exchange from Changpeng Zhao, has also instituted a new seven-person board of directors, moving the company away from its previous centralized leadership structure.

Meanwhile, it is crucial to note that the DOJ monitor is just one piece of a much larger enforcement puzzle. Binance’s global $4.3 billion settlement also included a separate, five-year monitorship with the Treasury Department’s Financial Crimes Enforcement Network which appointed a monitor from Sullivan & Cromwell.

The arrangement was part of a record $3.4 billion settlement with FinCEN and a $968 million settlement with OFAC for enabling over 1.67 million trades between U.S. users and those in sanctioned jurisdictions. There is no indication yet that these separate Treasury-mandated monitorships are under similar review.