They don't need a smokescreen. Binance's CEO instructed his employees to teach American firms how to use a VPN to hide their Americanness, despite the fact that they can't legally offer services to American firms. (This is especially strange because it was for people using their API, and you'd assume programmers who can integrate an API to trade derivatives have heard of VPNs, so I have to assume they were simply unaware that Binance was blocking America.) He even specifically said to not put it in writing! Extra hilarious that he put that message in writing, one wonders had he done that IRL or over the phone where this case would be right now.
I suppose you could argue about whether the CFTC's relevant regulations protect anyone, but they certainly think they do, and if so it's easy to argue that Binance was skirting those protections.
I suppose you could argue about whether the CFTC's relevant regulations protect anyone, but they certainly think they do, and if so it's easy to argue that Binance was skirting those protections.