Contents
Contents
The Banc de Binary CFTC settlement required $7.1 million in customer restitution and a $2 million civil penalty to resolve allegations of unauthorized off-exchange binary options trading. Behind those amounts was a business that allegedly sold customers binary options on price movements, took the other side of their trades and offered bonuses with withdrawal restrictions. Someone who handled sales, customer support or payments could see how the offer on the screen connected to the money in the account.
The Securities and Exchange Commission described the coordinated resolution of both agencies’ cases as an $11 million settlement. Its separate civil penalty was $1.95 million.
The Commodity Futures Trading Commission brought the civil enforcement action in Nevada in June 2013. The settlement order entered on February 29, 2016 covered conduct at times from at least May 2011 through at least June 2013. It resolved the action against Banc de Binary Ltd., E.T. Binary Options Ltd., BO Systems Ltd., BDB Services Ltd. and the founder who controlled the business. The order permanently barred the defendants from continuing the unlawful trading and customer solicitations.
Banc de Binary allegedly offered U.S. customers call and put options on whether an asset’s price would rise or fall by a chosen expiration time. The order describes contracts tied to commodities such as oil, gold and coffee, foreign exchange pairs and stock indices. A customer selected an asset, a direction and an expiry, with the website showing the payout for a successful prediction.
The Commodity Futures Trading Commission’s original complaint alleged:
According to representations on the website, Banc de Binary takes the other side of each and every transaction, i.e., operates as the counterparty to every binary options transaction executed through the website, including transactions with U.S. customers.
Under the arrangement alleged by the agency, the business selling the trade was also the customer’s opposing party. The Commodity Futures Trading Commission alleged that the business accepted retail customers without asking about net worth, assets or trading experience. Customers in the United States allegedly funded accounts by credit card, wire, check and third-party payment systems, sending money to foreign bank accounts held or controlled by Banc de Binary.
The Securities and Exchange Commission’s initial account of its parallel investigation put a customer behind that retail label. The agency alleged that a Banc de Binary representative encouraged an unemployed customer to deposit more even after the customer disclosed having less than $1,000 in a checking account. Its complaint also described reaching U.S. investors through YouTube videos, unsolicited emails and other online advertising, followed by direct calls, emails and instant messages. For a sales employee, those communications can connect the promise made to a customer with what the business knew about that customer’s circumstances.
The order describes Banc de Binary Ltd., E.T. Binary Options and BO Systems as accepting customer orders and holding money to back those trades without the required registration as futures commission merchants. The websites, solicitations and customer communications did not distinguish among the companies.
The Commodity Futures Trading Commission’s case connected the Banc de Binary brand to companies performing different jobs. According to the settlement order, E.T. Binary Options owned the trade name and licensed it to the other companies. The websites, solicitations and customer communications did not distinguish among them. The order also describes a virtual Wall Street office that the website presented as its headquarters.
According to the order, from at least June 2012 to March 2013, Banc de Binary Ltd. provided BO Systems with banking and clearing services and accepted customer funds on its behalf. The order describes both companies using the same trading platform, with E.T. Binary Options supplying marketing and customer support.
In March 2013, BO Systems allegedly transferred some or all of its operations to BDB Services. The order describes the same basic arrangement continuing: Banc de Binary Ltd. provided banking and clearing, BDB Services used the shared platform, and E.T. Binary Options provided marketing and support. It also describes the founder and members of his family holding ownership interests across the businesses.
The order treated the companies as a common enterprise. For someone inside the operation, that connection is concrete: the company employing the sales team, the company accepting a deposit and the company executing a trade could have different names while serving the same customer account. We look across those functions because the brand alone does not explain who controlled the transaction.
Banc de Binary’s alleged deposit-match program attached a trading requirement to withdrawals. The bonus terms described in the order required customers who accepted a bonus to trade at least 20 times the value of their account before withdrawing funds.
The order reproduces the website’s own example: a $1,200 first deposit attracted a $600 bonus, making a $1,800 trading balance. The trading requirement in that example was $36,000.
We call that a bonus with a lock on it. In the website’s example, the offer enlarged the trading balance while making withdrawals depend on trading far more than the customer had deposited. More money on the screen. More trading before money could leave. The Commodity Futures Trading Commission alleged that the companies promoted the bonus by telephone, email and other communications as well as through the website, and that some customers accepted it.
Withdrawal restrictions also appeared in Yukom Communications’ separate binary-options case. The Commodity Futures Trading Commission’s account of the January 2025 default judgment describes findings of fabricated sales identities and qualifications, misleading risk-free offers, withdrawal restrictions and settings limiting customers’ ability to win. An insider who understands how a promotion changed withdrawal rights can help explain the connection between the pitch and control over the account.
The Banc de Binary CFTC restitution and penalty terms assigned different jobs to the money: the order directed customer restitution through a court-appointed monitor, while the civil penalty was payable to the CFTC. The court appointed the National Futures Association to receive restitution payments and distribute funds to customers.
The Securities and Exchange Commission alleged in its parallel case that the business failed to register its securities offering and acted as an unregistered broker-dealer. Its March 2016 settlement announcement described the customer-money obligation as disgorgement. The CFTC order coordinated restitution across both actions, and the Securities and Exchange Commission reported a Fair Fund administered by the National Futures Association to compensate harmed investors.
For a binary-options platform, useful evidence connects the sales promise and bonus terms to the trades, withdrawal decisions and businesses controlling the money. We examine those connections with people who understand the work, whether their view comes from sales, support, platform operations or payments.
In Banc de Binary’s case, the documents identify specific connections: a shared trading platform, companies accepting money for one another, a bonus affecting withdrawals, and marketing and customer support supplied by a separate company. A support conversation may explain why a customer could not withdraw. A payment record may identify which company received the deposit. The person who understands both can help explain the relationship between the restriction and the money.
That is where an insider’s account adds something a balance alone cannot show. We work with you to connect the customer’s experience to the business decisions behind it and build your strongest CFTC whistleblower case.
The Banc de Binary Restitution Fund was created for customers. Whistleblower rewards come through a separate program and a different fund. The Commodity Futures Trading Commission’s fiscal year 2021 budget explains that its Customer Protection Fund pays whistleblower awards and finances customer education, while restitution awarded to victims stays outside that fund.
For Banc de Binary, the agency published a covered-action notice in May 2016. That notice opened an award-claim opportunity.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. For CFTC enforcement, qualifying whistleblowers share an aggregate award of 10% to 30% of monetary sanctions collected. We bring in CFTC whistleblower lawyers who understand retail trading platforms to assess your information and pursue the award claim with you.
If you handled a bonus offer, a withdrawal decision or the payments behind a trading platform, speak to one of our Whistleblower Experts about how the platform held the money. We build the case around your knowledge of the operation, connect you with CFTC whistleblower counsel who know offshore binary options platforms, and stay beside you through the enforcement and award process.