Page 1 Exhibit 4Page 2 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SECURITIES AND EXCHANGE
COMMISSION,
)
)
)
Plaintiff,
)
)
v.
)
)
BINANCE HOLDINGS LIMITED,
)
BAM TRADING SERVICES, INC.,
)
BAM MANAGEMENT US HOLDINGS, INC., )
and CHANGPENG ZHAO,
)
)
Defendants.
)
Civil Action No. 1:23-cv-01599-ABJ
CONFIRMATION OF ERIK KELLOGG
I, Erik Kellogg, confirm that to the best of my knowledge and understanding:
1.
I am the Chief Information Security Officer (“CISO”) of BAM Trading Services,
Inc. (“BAM Trading”). I have held this role since March 2022. In that role, I am responsible for,
among other things, administering and managing the security of crypto assets held by BAM
Trading on behalf of its customers and for its own account.
2.
All Customer Assets, as defined in Section I of the June 17, 2023 Consent Order
entered at Docket Number 71 in the above-captioned matter have been maintained by BAM
Trading in the United States since at least June 17, 2023.3.
BAM Trading and BAM Management have maintained sole possession, custody,
and control of Customer Assets in the United States since at least June 17, 2023, except to the
As provided in Section II.1 of the Consent Order, BAM Trading has taken possession of the Private and
Administrative Keys for all Customer Assets and is in the process of re-allocating the Private and Administrative Keys
to personnel in the United States. BAM Trading anticipates that this process will be completed by June 30, 2023 and
will, in all cases, be completed within the time frame contemplated by the Consent Order.
1Page 3 extent that Customer Assets are held by non-affiliated third-party custodians located in the United
States.
4.
Since at least June 17, 2023 and subject to the provisions of the Consent Order, all
withdrawals of Customer Assets off of the BAM Trading platform have been at the direction of
BAM Trading customers, subject to controls implemented by BAM Trading and BAM
Management through officers and employees located in the United States or through automated
systems ultimately under the control of officers and employees located in the United States.
5.
Since at least June 17, 2023 and subject to the provisions of the Consent Order, all
transfers of Customer Assets within the BAM Trading platform have been under the direction and
control of BAM Trading and BAM Management, through officers and employees located in the
United States or through automated systems ultimately under the control of officers and employees
located in the United States, or a non- affiliated third-party custodian located in the United States.
6.
Since at least June 17, 2023, no Customer Assets have been or will be in the
possession, custody, and control of any of the Binance Entities, as defined in Section II of the
Consent Order.
June 29,
Erik Kellogg
2
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:23-cv-01599-ABJ Document 95-5 Filed 08/14/23 Page 1 of 3
Exhibit 4
PDF Page 3
Case 1:23-cv-01599-ABJ Document 95-5 Filed 08/14/23 Page 2 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SECURITIES AND EXCHANGE
COMMISSION,
)
)
)
Plaintiff,
)
)
v.
)
)
BINANCE HOLDINGS LIMITED,
)
BAM TRADING SERVICES, INC.,
)
BAM MANAGEMENT US HOLDINGS, INC., )
and CHANGPENG ZHAO,
)
)
Defendants.
)
Civil Action No. 1:23-cv-01599-ABJ
CONFIRMATION OF ERIK KELLOGG
I, Erik Kellogg, confirm that to the best of my knowledge and understanding:
1.
I am the Chief Information Security Officer (“CISO”) of BAM Trading Services,
Inc. (“BAM Trading”). I have held this role since March 2022. In that role, I am responsible for,
among other things, administering and managing the security of crypto assets held by BAM
Trading on behalf of its customers and for its own account.
2.
All Customer Assets, as defined in Section I of the June 17, 2023 Consent Order
entered at Docket Number 71 in the above-captioned matter have been maintained by BAM
Trading in the United States since at least June 17, 2023.1
3.
BAM Trading and BAM Management have maintained sole possession, custody,
and control of Customer Assets in the United States since at least June 17, 2023, except to the
As provided in Section II.1 of the Consent Order, BAM Trading has taken possession of the Private and
Administrative Keys for all Customer Assets and is in the process of re-allocating the Private and Administrative Keys
to personnel in the United States. BAM Trading anticipates that this process will be completed by June 30, 2023 and
will, in all cases, be completed within the time frame contemplated by the Consent Order.
1
1
PDF Page 4
Case 1:23-cv-01599-ABJ Document 95-5 Filed 08/14/23 Page 3 of 3
extent that Customer Assets are held by non-affiliated third-party custodians located in the United
States.
4.
Since at least June 17, 2023 and subject to the provisions of the Consent Order, all
withdrawals of Customer Assets off of the BAM Trading platform have been at the direction of
BAM Trading customers, subject to controls implemented by BAM Trading and BAM
Management through officers and employees located in the United States or through automated
systems ultimately under the control of officers and employees located in the United States.
5.
Since at least June 17, 2023 and subject to the provisions of the Consent Order, all
transfers of Customer Assets within the BAM Trading platform have been under the direction and
control of BAM Trading and BAM Management, through officers and employees located in the
United States or through automated systems ultimately under the control of officers and employees
located in the United States, or a non- affiliated third-party custodian located in the United States.
6.
Since at least June 17, 2023, no Customer Assets have been or will be in the
possession, custody, and control of any of the Binance Entities, as defined in Section II of the
Consent Order.
June 29, 2023
Erik Kellogg
2
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