SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BAM MANAGEMENT US HOLDINGS INC., BAM TRADING SERVICES INC.(This document is SEALED and only available to authorized persons.) (Attachments: # (1) Text of Proposed Order, # (2) Opposition, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6, # (9) Exhibit 7, # (10) Exhibit 8)(McLucas, William) Modified event title on 9/12/2023 (znmw). Modified on 10/6/2023 to unseal exhibits pursuant to Minute Order filed on 10/03/2023 (zjm).
Page 1 EXHIBIT 5Page 2 CONFIRMATION OF ROHIT V. WAD
I, Rohit V. Wad, confirm that:
1.
I am the Chief Technology Officer for Binance and am employed by Ality Technologies
DE LLC and function as the Chief Technology Officer for affiliated companies including Binance
March 2022. In that role, I am responsible for, among other things, the technology that secures
crypto assets on the Binance.com platform.
2.
I have read the confirmation of Erik Kellogg. Upon information and belief, and to the best
of my current knowledge and belief, each of the representations set forth in the confirmation of
Erik Kellogg is true and correct.
3.
Since at least June 17, 2023, BHL has not maintained possession, custody or control of
Customer Assets, as defined in paragraph I of the June 17, 2023 Consent Order entered at Docket
Number 71 except as otherwise specified in the Consent Order and subject to the provisions of the
Consent Order.
4.
Since at least June 17, 2023, BHL has not directed transfers or withdrawals of Customer
Assets, as defined in paragraph I of the June 17, 2023 Consent Order entered at Docket Number
71 except as otherwise specified in the Consent Order and subject to the provisions of the Consent
Order.
Dated: 30 June
______________________________
Rohit V. Wad
1
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Case 1:23-cv-01599-ABJ-ZMF Document 107-7 Filed 09/11/23 Page 1 of 2
EXHIBIT 5
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Case 1:23-cv-01599-ABJ-ZMF Document 107-7 Filed 09/11/23 Page 2 of 2
CONFIRMATION OF ROHIT V. WAD
I, Rohit V. Wad, confirm that:
1.
I am the Chief Technology Officer for Binance and am employed by Ality Technologies
DE LLC and function as the Chief Technology Officer for affiliated companies including Binance
7
March 2022. In that role, I am responsible for, among other things, the technology that secures
crypto assets on the Binance.com platform.
2.
I have read the confirmation of Erik Kellogg. Upon information and belief, and to the best
of my current knowledge and belief, each of the representations set forth in the confirmation of
Erik Kellogg is true and correct.
3.
Since at least June 17, 2023, BHL has not maintained possession, custody or control of
Customer Assets, as defined in paragraph I of the June 17, 2023 Consent Order entered at Docket
Number 71 except as otherwise specified in the Consent Order and subject to the provisions of the
Consent Order.
4.
Since at least June 17, 2023, BHL has not directed transfers or withdrawals of Customer
Assets, as defined in paragraph I of the June 17, 2023 Consent Order entered at Docket Number
71 except as otherwise specified in the Consent Order and subject to the provisions of the Consent
Order.
Dated: 30 June 2023
______________________________
Rohit V. Wad
1
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