EFCC Amends Charge Against Binance After Gambaryan’s Discharge

The Economic and Financial Crimes Commission (EFCC) on Monday, November 25, amended the alleged $35.4 million money laundering charge filed against Binance Holdings Limited.

EFCC’s lawyer, Ekele Iheanacho, SAN, told Justice Emeka Nwite of the agency’s resolve to amend the alleged $35.4 million charge following the discharge of Tigran Gambaryan, the 2nd defendant, in the charge.

Iheanacho said the amendment was also in compliance with the earlier court order to make the court documents tidier.

The application was not opposed by the lawyer who appeared for Binance, Okiemute Okwakwa.

Iheanacho, who applied that the amended charge be ready for the defendant in line with Section 478 of the Administration of Criminal Justice Act (ACJA), 2015, prayed the court to enter a non-guilty plea for the defendant.

After the amended six-count charge marked: FHC/ABJ/CR/138/2024 was read and a non-guilty plea entered for Binance, the judge adjourned the matter until Feb. 24 and Feb. 25, 2025 for continuation of trial.

The News Agency of Nigeria (NAN) recalls that on Friday, counsel who appeared for Binance, Babatunde Fagbohunlu, SAN, had argued that the EFCC ought to have amended the charge to make the court documents tidy.

Although Iheanacho disagreed with him, Justice Nwite aligned with Fagbohunlu’s submission, directing the anti-graft agency’s lawyer to do the needful.

NAN observes that in the amended charge dated and filed on Nov. 25, the cryptocurrency firm is the sole defendant.

In count one, Binance, Nadeem Anjarwalla (now at large) and other persons at large, between January 2023 and January 2024 in Abuja, were alleged to have conspired amongst themselves to carry on the specialised business of other financial institutions without a valid license.

The offence is contrary to Section 97 of the Penal Code Act.

In count three, Binance and Anjarwalla (now at large) between January 2022 and January 2024 in Abuja were alleged to have engaged in business of other financial institutions (other than insurance, stock broking, and pension fund management) without a valid license and thereby committed an offence contrary to and punishable under Section 58(5) of the Banks and Other Financial Institutions Act, 2020.

Count four accused the defendant and others (now at large) of using their virtual asset services platform to unlawfully negotiate foreign exchange rates in Nigeria, even though they were not authorised dealers in Nigeria’s autonomous foreign exchange market.

The offence is contrary to and punishable under Section 29(1)(c) of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act.

Count five, that you, BINANCE HOLDINGS LTD (“A.K.A. BINANCE”), NADEEM ANJARWALLA (now at large) and other persons at large between January 2023 and January 2024 in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to conceal the origin of the proceeds of your unlawful activities and thereby committed an offence contrary to Section 21(a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.

In count six, the cryptocurrency firm Anjarwalla (now at large) between January 2023 and December 2023 in Abuja was alleged to have concealed the origin of a cumulative sum of $35.4 million ($35,400,000) generated as revenue by the company in Nigeria.

The funds were said to constitute proceeds of unlawful activity, thereby committing an offence contrary to and punishable under Section 18(3) of Money Laundering (Prevention and Prohibition) Act, 2022.

NAN reports that Justice Nwite had, on Oct. 23, ordered the release of Gambaryan, the detained Binance executive, from Kuje Correctional Centre.

The judge gave the order after the EFCC’s counsel, R. U. Adagba, informed the court of the decision of the Federal Government to withdraw the charge against Gambaryan.