Seiden Law 在反对 Binance 的一项标志性案件中,成功驳回了其诉请驳回的动议,该案件涉及协助和教唆 10 月 7 日的袭击事件。
曼哈顿一家联邦法院驳回了对币安及其创始人赵长鹏协助和教唆10月7日袭击的指控,首次认定加密货币交易所可能因协助和教唆恐怖袭击而承担责任。.
Seiden Law Successfully Overcomes Motion to Dismiss in Landmark October 7 Litigation Against Binance
On February 25, 2025, a Manhattan federal court sustained allegations that Binance Holdings Limited (“Binance”) and its founder Changpeng Zhao (“Zhao”) aided and abetted the October 7 attacks by knowingly permitting terror groups, including Hamas and Palestine Islamic Jihad (PIJ), to transact on the Binance platform. The decision breaks new ground in finding that a cryptocurrency exchange can be held liable for aiding and abetting a terrorist attack.
The plaintiffs in the case are over forty United States citizens or their family members who were killed, taken hostage, or injured in the October 7 attacks. In January 2024, the plaintiffs sued Binance and Zhao under the Anti-Terrorism Act and the Justice Against Sponsors of Terrorism Act, which permit U.S. nationals who are victims of international terrorism to sue persons who committed or aided and abetted terror attacks. Plaintiffs alleged that defendants knew that Hamas and PIJ were transacting on their platform, and that cryptocurrency wallets linked to Hamas and PIJ moved over $60 million through the Binance platform in the years prior to the October 7 attacks. In June 2024, defendants filed a motion to dismiss the complaint.
In his 71-page decision on the motion to dismiss, Judge John G. Koeltl of the United States District Court for the Southern District of New York held that plaintiffs adequately pled that defendants had aided and abetted the October 7 attacks. The Court highlighted plaintiffs’ allegations that U.S. laws and regulations required Binance to implement robust anti-money laundering programs, perform due diligence on its customers, and file Suspicious Activity Reports with regulators flagging suspected illicit activity, all to prevent terrorists from accessing the United States financial system through the Binance exchange, and that the defendants allegedly failed to comply with, and indeed intentionally evaded, these regulatory requirements.
The Court rejected defendants’ argument that they “learned only in hindsight that Hamas and PIJ were transacting on the platform,” finding instead that plaintiffs adequately pled that the defendants knew in real-time that terrorists were transacting on the platform and took affirmative actions to enable terrorist groups to transact on the Binance platform.
“It is, on one level, somewhat breathtaking to take the position that it’s OK for a regulated entity to say, sure, we accept terrorist accounts which allow the transmission of funds to terrorists because we treat terrorists just like anyone else, and if you want to use our account to finance what you do, that’s OK.”
Judge John G. Koeltl, during oral argument
Judge Koeltl’s February 25 decision is available here, ,以及1月30日的口头辩论记录是 available here.
Plaintiffs are represented by Seiden Law LLP managing partner Robert Seiden, partner and head of litigation Amiad Kushner (who argued the motion to dismiss for plaintiffs), partners Jake Nachmani and Dov Gold, and Senior Counsel Jennifer Blecher. Steve Perles, Josh Perles and Edward MacAllister of Perles Law Firm, P.C. are co-counsel for Plaintiffs.