Nils Silinevics
Partner · AML & Crypto Compliance · Former FIU Investigator
Binance operates a separate entity for United States. Binance.US is a separate entity (BAM Trading Services); not affiliated with global Binance.com; SEC sued both (2023) We know which entity to target and how to navigate the dual structure. Swiss legal team. Free case review.
Binance.US is a separate entity (BAM Trading Services); not affiliated with global Binance.com; SEC sued both (2023)
USA has fragmented regulation — FinCEN (MSB registration), SEC (Howey test: is it a security?), CFTC (commodities), state regulators (NY BitLicense is most famous)
This matters because it determines which regulatory body has authority over your case — and whether you have a direct complaint path or need cross-jurisdictional legal action.
What this means for you: Binance operates a separate entity for United States, which means we target the correct entity — not the global parent. The United States entity is under FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense)'s authority, giving us a direct regulatory complaint path.
under BSA, you can complain to FinCEN; state regulators (e.g., NY DFS for BitLicense firms); SEC whistleblower program; CFTC reparations
Under Bank Secrecy Act (BSA) + USA PATRIOT Act + FinCEN regulations (31 CFR Chapter X), Binance must conduct customer due diligence and can freeze accounts during AML investigations. However, they must also:
If Binance doesn't meet these obligations, we escalate to FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) and file a formal legal submission. For a broader comparison of how United States's rules stack up against other jurisdictions, see our AML laws by country reference.
capital gains tax (0/15/20% federal + 3.8% NIIT) + state income tax; income tax if mining/staking
If your Binance account is frozen, you may still need to declare your crypto holdings on your United States tax return — even if you can't access them. Under United States law, the tax obligation may apply regardless of whether the funds are accessible. We recommend consulting a American tax advisor.
If the freeze causes you to miss a tax deadline, we can provide documentation for the FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) and tax authority explaining the situation.
A American client had €85000 frozen on Binance after requesting a large withdrawal. Binance flagged the transaction under Bank Secrecy Act (BSA) + USA PATRIOT Act + FinCEN regulations (31 CFR Chapter X). The client had no access to funds for 14 days. We filed a formal submission with Binance's compliance team citing FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) guidelines and the client's transaction history. Within 14 days, Binance released the funds after our submission demonstrated compliance with Bank Secrecy Act (BSA) + USA PATRIOT Act + FinCEN regulations (31 CFR Chapter X).
Details anonymized to protect client confidentiality. Swiss professional secrecy applies.
We analyze your Binance account, transaction history, and United States regulatory context to identify the exact trigger. Was it a Chainalysis + internal risk engine risk flag? A sanctions screening match? A source-of-funds demand? Each requires a different strategy.
We prepare documentation compliant with Bank Secrecy Act — not just Binance's standard templates. This includes source-of-funds proof, transaction tracing, and any required FinCEN-specific forms.
We submit through Binance's compliance channels — not standard support. Our submission is in English and references FinCEN guidelines. We coordinate with FinCEN even though Binance is not registered.
We verify everything works and advise on preventing recurrence on Binance. If Binance doesn't respond within no statutory maximum; FinCEN expects SAR (Suspicious Activity Report) resolution within 30-90 days, we escalate to FinCEN and pursue cross-jurisdictional action in Cayman Islands if needed.
Tell us what happened. A senior crypto compliance lawyer — not a chatbot, not a junior — will read your case and respond within 6 hours. Swiss professional secrecy applies from your first message.