According to Foresight News, the U.S. Securities and Exchange Commission (SEC) has filed a proposed amended indictment against Binance, focusing on its token listing process. In its proposed filing, the SEC focused on two issues, BNB secondary market sales and Binance Simple Earn, accusing it of operating as an unregistered securities seller. The document shows that "BNB is offered and sold as a trading platform token", and Binance promotes it to investors and promotes potential returns to investors through BNB demand and prices brought about by platform growth. BNB destruction and its support for projects using BNB are also intended to help increase value. The document also involves similar additional details for Binance Simple Earn and 10 digital assets (SOL, ADA, MATIC, FIL, ATOM, SAND, MANA, ALGO, AXS and COTI).

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