SECURITIES AND EXCHANGE COMMISSION v. BINANCE HOLDINGS LIMITED et al Document 141: Redacted Document, Attachment 3

District Of Columbia District Court
Case No. 1:23-cv-01599-ABJ-ZMF
Filed October 3, 2023

REDACTED DOCUMENT- Exhibits of Matthew Beville Declaration to[126] ORDER granting Application to Seal Exhibit 1 (Redacted) by BAM MANAGEMENT US HOLDINGS INC., BAM TRADING SERVICES INC.. (Attachments: # (1) Exhibit 2 (Redacted), # (2) Exhibit 3 (Redacted), # (3) Exhibit 4 (Redacted), # (4) Exhibit 5 (Redacted), # (5) Exhibit 6 (Redacted), # (6) Exhibit 7 (Redacted), # (7) Exhibit 8 (Redacted), # (8) Exhibit 9 (Redacted), # (9) Exhibit 10 (Redacted), # (10) Exhibit 11 (Redacted))(McLucas, William)

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Page 1 Declaration of Matthew Beville
Ex. 4

Page 2 EXHIBIT 16

Page 3 From:
To:
Cc:
Subject:
Date:
Farer, Jennifer
Adler, Jeremy; Scarlato, Matthew
McLucas, William; Smith, Tiffany; Beville, Matthew; gcanellos@milbank.com; mlaroche@milbank.com; DaSilva,
Joe
RE: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599)
Saturday, August 5, 2023 10:09:00 AM
Counsel,
We write to follow up on yesterday’s call and our ongoing discussion about responsive information
concerning the infrastructure, systems, and software involved in wallet creation and management
and custody of assets. We continue to try to work with you in good faith to identify more specific
categories of information responsive to our discovery requests that are necessary for the evaluation
of wallets and custody of assets.
To that end, for Ceffu, Binance.com, and the third-party custodians used by Binance.US for custody
and control of Customer Assets and the assets of the BAM Entities, please provide all SOC reports;
ISO Certifications; user entity, access, and security controls; change management controls; a list of
all infrastructure environments, systems, and software involved in wallet creation and management
and custody of assets; identification of the technology that supports Binance.US that is located on
the Binance.com AWS environment; and identification of all users with access to the relevant
infrastructure, systems, and software.
Please let us know if you have any questions or want to discuss.
Thank you.
Jennifer L. Farer
U.S. Securities and Exchange Commission
100 F Street N.E. | Washington, D.C. From: Adler, Jeremy
Sent: Friday, August 4, 2023 4:54 PM
To: Farer, Jennifer ; Scarlato, Matthew
Cc: McLucas, William ; Smith, Tiffany
; Beville, Matthew ;
gcanellos@milbank.com; mlaroche@milbank.com; DaSilva, Joe
Subject: RE: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599)
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Thank you Jennifer. That works for us. I’ll send out an invite.
All the best,
Jeremy

Page 4 From: Farer, Jennifer
Sent: Friday, August 4, 2023 4:42 PM
To: Adler, Jeremy ; Scarlato, Matthew
Cc: McLucas, William ; Smith, Tiffany
; Beville, Matthew ;
gcanellos@milbank.com; mlaroche@milbank.com; DaSilva, Joe
Subject: RE: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599)
EXTERNAL SENDER
Jeremy,
We can do 5:30 today. Let us know if that works for you. If so, please send a dial-in.
Thanks.
Jennifer L. Farer
U.S. Securities and Exchange Commission
100 F Street N.E. | Washington, D.C. From: Adler, Jeremy
Sent: Friday, August 4, 2023 4:17 PM
To: Farer, Jennifer ; Scarlato, Matthew
Cc: McLucas, William ; Smith, Tiffany
; Beville, Matthew ;
gcanellos@milbank.com; mlaroche@milbank.com; DaSilva, Joe
Subject: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599)
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Jen and Matt,
In response to certain of the issues raised by you in our call yesterday we propose the
following.
1. We will provide any documents BAM has that are relevant to the Ceffu role in creating
the new wallets for Customer Crypto Assets (as required by Section II.2. of the Consent
Order) and we will explain what we understand the process to entail. We will attempt to
do this by early next week.
2. On your request for depositions we propose that you take depositions of Erik Kellogg,
Sara Sisenwein and Tao Zhang, who runs BAM’s Clearing Team
. We also propose that you depose
a shard holder. If, after deposing

Page 5 , you have additional questions concerning those holding the shards and
their use, we can discuss whether additional shard holders should be deposed.
3. On your request for communications related to the audit of BAM, we assume you have
all of the auditors’ workpapers. If your questions or concerns relate to the issue of the
custody agreement involving BHL and whether it was operational or not, we will explain
what we understand the facts are related to that arrangement and how it worked.
Since the expedited discovery is addressed to matters “concerning the Customer Assets and
their possession, custody, control, transfer or movement, security segregation, availability and
any encumbrances or limitations . . . [that might make them unavailable],” we believe the
foregoing should address many of the questions you might have. However, we think it may
be helpful to discuss these items. Are you available for a call today at either 4:30 or 5pm ET?
Thanks,
Jeremy
Jeremy Adler | WilmerHale
7 World Trade Center
250 Greenwich Street
New York, NY 10007 USA
+1 212 295 6417 (t)
+1 212 230 8888 (f)
jeremy.adler@wilmerhale.com
Please consider the environment before printing this email.
This email message and any attachments are being sent by Wilmer Cutler Pickering Hale and Dorr LLP, are confidential, and may be
privileged. If you are not the intended recipient, please notify us immediately—by replying to this message or by sending an email to
postmaster@wilmerhale.com—and destroy all copies of this message and any attachments. Thank you.
For more information about WilmerHale, please visit us at http://www.wilmerhale.com.

PDF Page 1	PlainSite Cover Page

PDF Page 2	Case 1:23-cv-01599-ABJ-ZMF Document 141-3 Filed 10/03/23 Page 1 of 5 Declaration of Matthew Beville Ex. 4

PDF Page 3	Case 1:23-cv-01599-ABJ-ZMF Document 141-3 Filed 10/03/23 Page 2 of 5 EXHIBIT 16

PDF Page 4	Case 1:23-cv-01599-ABJ-ZMF Document 141-3 Filed 10/03/23 Page 3 of 5 From: To: Cc: Subject: Date: Farer, Jennifer Adler, Jeremy; Scarlato, Matthew McLucas, William; Smith, Tiffany; Beville, Matthew; gcanellos@milbank.com; mlaroche@milbank.com; DaSilva, Joe RE: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599) Saturday, August 5, 2023 10:09:00 AM Counsel, We write to follow up on yesterday’s call and our ongoing discussion about responsive information concerning the infrastructure, systems, and software involved in wallet creation and management and custody of assets. We continue to try to work with you in good faith to identify more specific categories of information responsive to our discovery requests that are necessary for the evaluation of wallets and custody of assets. To that end, for Ceffu, Binance.com, and the third-party custodians used by Binance.US for custody and control of Customer Assets and the assets of the BAM Entities, please provide all SOC reports; ISO Certifications; user entity, access, and security controls; change management controls; a list of all infrastructure environments, systems, and software involved in wallet creation and management and custody of assets; identification of the technology that supports Binance.US that is located on the Binance.com AWS environment; and identification of all users with access to the relevant infrastructure, systems, and software. Please let us know if you have any questions or want to discuss. Thank you. Jennifer L. Farer U.S. Securities and Exchange Commission 100 F Street N.E. \| Washington, D.C. 20549 From: Adler, Jeremy Sent: Friday, August 4, 2023 4:54 PM To: Farer, Jennifer ; Scarlato, Matthew Cc: McLucas, William ; Smith, Tiffany ; Beville, Matthew ; gcanellos@milbank.com; mlaroche@milbank.com; DaSilva, Joe Subject: RE: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you Jennifer. That works for us. I’ll send out an invite. All the best, Jeremy

PDF Page 5	Case 1:23-cv-01599-ABJ-ZMF Document 141-3 Filed 10/03/23 Page 4 of 5 From: Farer, Jennifer Sent: Friday, August 4, 2023 4:42 PM To: Adler, Jeremy ; Scarlato, Matthew Cc: McLucas, William ; Smith, Tiffany ; Beville, Matthew ; gcanellos@milbank.com; mlaroche@milbank.com; DaSilva, Joe Subject: RE: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599) EXTERNAL SENDER Jeremy, We can do 5:30 today. Let us know if that works for you. If so, please send a dial-in. Thanks. Jennifer L. Farer U.S. Securities and Exchange Commission 100 F Street N.E. \| Washington, D.C. 20549 From: Adler, Jeremy Sent: Friday, August 4, 2023 4:17 PM To: Farer, Jennifer ; Scarlato, Matthew Cc: McLucas, William ; Smith, Tiffany ; Beville, Matthew ; gcanellos@milbank.com; mlaroche@milbank.com; DaSilva, Joe Subject: SEC v. Binance Holdings Ltd., et al. (1:23-cv-01599) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jen and Matt, In response to certain of the issues raised by you in our call yesterday we propose the following. 1. We will provide any documents BAM has that are relevant to the Ceffu role in creating the new wallets for Customer Crypto Assets (as required by Section II.2. of the Consent Order) and we will explain what we understand the process to entail. We will attempt to do this by early next week. 2. On your request for depositions we propose that you take depositions of Erik Kellogg, Sara Sisenwein and Tao Zhang, who runs BAM’s Clearing Team . We also propose that you depose a shard holder. If, after deposing

PDF Page 6	Case 1:23-cv-01599-ABJ-ZMF Document 141-3 Filed 10/03/23 Page 5 of 5 , you have additional questions concerning those holding the shards and their use, we can discuss whether additional shard holders should be deposed. 3. On your request for communications related to the audit of BAM, we assume you have all of the auditors’ workpapers. If your questions or concerns relate to the issue of the custody agreement involving BHL and whether it was operational or not, we will explain what we understand the facts are related to that arrangement and how it worked. Since the expedited discovery is addressed to matters “concerning the Customer Assets and their possession, custody, control, transfer or movement, security segregation, availability and any encumbrances or limitations . . . [that might make them unavailable],” we believe the foregoing should address many of the questions you might have. However, we think it may be helpful to discuss these items. Are you available for a call today at either 4:30 or 5pm ET? Thanks, Jeremy Jeremy Adler \| WilmerHale 7 World Trade Center 250 Greenwich Street New York, NY 10007 USA +1 212 295 6417 (t) +1 212 230 8888 (f) jeremy.adler@wilmerhale.com Please consider the environment before printing this email. This email message and any attachments are being sent by Wilmer Cutler Pickering Hale and Dorr LLP, are confidential, and may be privileged. If you are not the intended recipient, please notify us immediately—by replying to this message or by sending an email to postmaster@wilmerhale.com—and destroy all copies of this message and any attachments. Thank you. For more information about WilmerHale, please visit us at http://www.wilmerhale.com.


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