Gary Wang

FTX financial controls were a ‘hodgepodge’ of apps, says court filings

A court filing alleged apps such as Excel spreadsheets and Slack messages were used to manage the assets and liabilities of FTX and its entities.

FTX was run by three inexperienced people “not long out of college” who relied on “a hodgepodge” of online shared documents and communications across a series of different apps to manage the multi-billion dollar empire, according to FTX CEO John Ray III.

In an April 9 court filing in a Delaware Bankruptcy Court, John J Ray III gave his first detailed account of the control failures at FTX.

Ray stated that his restructuring team had “identified extensive deficiencies in the FTX Group’s controls” from a lack of appropriate financial and accounting controls to an inadequate group management structure and record-keeping process.

FTX apparently “relied on a hodgepodge of Google documents, Slack communications, shared drives and excel spreadsheets” to manage its assets and liabilities, the filing says.

FTX used the accounting software QuickBooks, which Ray said was designed for “small and mid-sized businesses” and not for a firm that operates across “multiple continents and platforms” such as FTX.

Related: Names of non-US FTX users demanded by mainstream media outlets

FTX’s bookkeeping was reported to have been neglected as around 80,000 transactions were left as unprocessed accounting entries in “catch-all QuickBooks accounts titled ‘Ask My Accountant.’”

Ray emphasized that co-founders Sam Bankman-Fried and Gary Wang, along with former engineering director Nishad Sing, had the “final voice in all significant decisions” despite very limited experience.

“These three individuals, not long out of college and with no experience in risk management or running a business, controlled nearly every significant aspect of the FTX Group.”

Wang and Singh’s significant control over FTX was noted by an unnamed FTX executive who stated that “if Nishad [Singh] got hit by a bus, the whole company would be done. Same issue with Gary [Wang].”

It was noted that the company couldn’t provide a complete list of its employees at the time of bankruptcy filing in November.

FTX failed to file its financials on time at the end of financial reporting periods and did not carry out back-end checks to identify and correct material errors.

Brett Harrison, the president of FTX.US, raised concerns with Bankman-Fried and Singh regarding “the lack of appropriate delegation of authority, formal management structure, and key hires at FTX.US.”

In response, Harrison’s bonus was significantly reduced and he was instructed to apologize to Bankman-Fried by the firm’s internal counsel, which he refused to do. It was reported that Harrison resigned following the disagreement.

Ray stated in a Feb. 6 court filing that when he took control of FTX in November  there was “not a single list of anything” related to bank accounts, income, insurance or personnel, causing a “massive scramble for information.”

He pushed back against the motion to assign an independent examiner to the bankruptcy case out of fears that “inadvertent errors” could result in “hundreds of millions of dollars of value being destroyed.”

Magazine: US and China try to crush Binance, SBF’s $40M bribe claim: Asia Express

SBF’s lawyers signal need to push back October criminal trial

Sam Bankman-Fried’s lawyers said they’re still waiting on evidence from federal prosecutors and may need more time to prepare a defense.

Lawyers representing FTX founder Sam Bankman-Fried have flagged that it may be necessary to delay the criminal trial for the former crypto exchange executive to give him more time to prepare his defense.

In a March 8 letter to United States District Judge Lewis Kaplan, Bankman-Fried’s lawyers said they weren’t formally requesting a date change just yet, but it may be needed, as they’re still awaiting a “substantial portion” of evidence to be turned over to them and more charges had been laid against the FTX founder in late February.

The criminal trial is scheduled to begin on Oct. 2 and will focus on the fraud charges brought by the Department of Justice.

According to the letter, DOJ prosecutors are holding evidence from devices belonging to Caroline Ellison, the former CEO of FTX’s sister trading firm Alameda Research, and Zixiao “Gary” Wang, an FTX co-founder.

Both Ellison and Wang have pleaded guilty to fraud charges and are cooperating with the DOJ.

Bankman-Fried’s lawyers said they are also waiting for contents from “computers belonging to two other former FTX/Alameda employees.” They anticipate the production of the evidence from the devices “will be voluminous and critically important to the defense.”

Excerpt from the letter to Judge Kaplan requesting an amended trial schedule. Source: CourtListener

The letter also noted the superseded indictment against Bankman-Fried unsealed on Feb. 22 that bumped the number of charges from eight to 12, with new charges relating to conspiracy and fraud.

Bankman-Fried pleaded not guilty to the original eight charges brought against him in December.

One of Bankman-Fried’s lawyers, Christian Everdell, wrote in the letter:

“Depending on the volume of the additional discovery and the timing of the productions, it may be necessary to request an adjournment of the trial, currently scheduled to begin on October 2, 2023.”

“While we are not making such an application at this time, we wanted to note this issue for the Court now,” Everdell added.

Related: Lawyers’ picnic: FTX counsel and advisers rake in $34M in January

Bankman-Fried is currently released on a $250 million bond. He has been under house arrest in Palo Alto, California at his parent’s house and his online activities are restricted.

The schedule for the trial and bail conditions will be discussed at a hearing on Friday, March 10.

The FTX founder also faces separate fraud-related civil lawsuits from the Commodities Futures Trading Commission and the Securities Exchange Commission. Both have been delayed until after Bankman-Fried’s criminal trial.

Robinhood board gives nod to buy Sam Bankman-Fried’s $578M stake

The shares were bought by FTX founder Sam Bankman-Fried and co-founder Gary Wang last year and have been tussled over since the collapse of FTX.

Robinhood’s board of directors has approved a plan to buy back the $578 million stake in their company that was bought by former FTX CEO Sam Bankman-Fried and FTX co-founder Gary Wang last year.

Robinhood confirmed in its fourth-quarter report, published Feb. 8, that it had received board approval to buy back the stake.

“Our Board authorized us to pursue purchasing most or all of our shares that Emergent Fidelity Technologies bought in May 2022,” said Robinhood’s chief financial officer Jason Warnick, adding:

“The proposed share purchase underscores the confidence the Board of Directors and management team have in our business.”

The FTX co-founders bought 55 million shares of Robinhood stock — worth $578 million at current prices — in May through Emergent Fidelity Technologies by taking out loans directly from FTX’s sister firm, Alameda Research.

On Jan. 9, the United States Department of Justice (DOJ) seized the 55 million shares — equating to around 7% of the company.

The assets were seized following a court filing from cryptocurrency lending platform BlockFi to reclaim the shares, as Bankman-Fried and Wang used the shares as collateral to take out a loan from BlockFi.

Warnick told CNBC on Feb. 8 that Robinhood has been working with the DOJ on a plan to facilitate the buyback but nothing has been finalized yet.

The shares in question have been the subject of more than one dispute.

On Dec. 23, FTX asked the court to stop BlockFi from claiming the Robinhood shares, following the exchange’s collapse in November. 

Meanwhile, although Emergent Fidelity didn’t file for bankruptcy in November like FTX and other FTX-affiliated entities, the firm did file for bankruptcy protection on Feb. 3.

Q4 crypto revenue falls

The United States-based trading platform saw cryptocurrency-based transaction revenues from its “Robinhood Web3 Wallet” fall 24% to $39 million in the fourth quarter, compared to the third quarter. Revenue in the third quarter fell 12%, compared to the second quarter.

Overall net revenues increased by 5% to $380 million in Q4 2022. However, the firm reported an overall net loss of over $1 billion in 2022.

Related: Robinhood Web3 wallet enters beta, taps Polygon as first blockchain

The fall in crypto-related revenue comes despite the firm managing to roll out the Robinhood Web3 Wallet to more than 1 million waitlisted users over the quarter.

In just a few hours since the earnings report was released, Robinhood’s stock, tickered HOOD, is up 4.78%, according to Google Finance.

Voyager subpoenas FTX and Alameda execs as judge orders fee examiner

On behalf of Voyager, law firm Kirkland & Ellis subpoenaed four executives from FTX and Alameda requesting an enormous array of documents.

Lawyers representing bankrupt crypto broker Voyager Digital have served former FTX CEO Sam Bankman-Fried and other FTX and Alameda Research executives with subpoenas requesting information.

The subpoenas have a very wide scope, with Voyager’s lawyers seeking copies of any documents and communication between FTX entities and the Securities and Exchange Commission or the Department of Justice, according to the Feb. 6 filing.

Amongst a plethora of other requested documents, the lawyers also want to see information relating to the loan portfolio between Alameda and Voyager as well as FTX’s financial condition before and after it filed for bankruptcy on Nov. 11.

The other executives who were served subpoenas include former Alameda CEO, Caroline Ellison, FTX co-founder, Gary Wang and FTX’s head of product, Ramnik Arora — each was asked to provide the requested information by Feb. 17.

Little is known about Wang, who co-founded FTX with Bankman-Fried. Ellison has cooperated with authorities since the exchange’s bankruptcy.

The financial ties between Voyager and Alameda are deep, with Alameda seeking to recover $446 million it repaid Voyager. In a Jan. 30 filing, it argued that because it had paid Voyager back within 90 days of filing for its own bankruptcy, it can “claw back” the funds for the benefit of its creditors.

In response, Voyager claimed its creditors had suffered “substantial harm” after Alameda made a bid for Voyager’s assets that it was unable to honor, which cost Voyager $100 million and rendered Alameda’s claim subordinate to those of its other creditors.

Related: SBF’s lawyers move to block release of bail guarantors’ identities

Meanwhile, United States bankruptcy judge Michael Wiles said he would be appointing a fee examiner to look at professional fees in Voyager’s Chapter 11 case, according to a Feb. 7 Law360 report.

Wiles reportedly suggested the professional fees incurred within the bankruptcy case were higher than he expected, and the argument provided by the U.S. Trustee had convinced him that a fee examiner would be beneficial.

Wiles did note that an examiner could end up costing the estate more than it would be able to save in other professional fees, however, and recommended a cap on the examiner’s own fees.

FTX former lead engineer in talks with federal prosecutors in Bankman-Fried case

A third former FTX-linked executive is reportedly considering providing evidence against Sam Bankman-Fried for a more lenient sentence.

As the investigation into FTX continues, the crypto exchange’s former engineering chief, Nishad Singh, followed former FTX and Alameda Research executives Gary Wang and Caroline Ellison by reportedly meeting with federal prosecutors to cut a deal.

Singh attended a proffer session during the week of Jan. 2 at the office of the United States Attorney for the Southern District of New York. Individuals may be granted limited immunity to share their knowledge with prosecutors at such meetings. Prosecutors likely sought to determine if Singh has valuable information to offer in the lawsuit against FTX founder Sam Bankman-Fried, according to a Jan. 10 Bloomberg report.

Bankman-Fried also faces campaign finance violations and prosecutors are interested in Singh’s knowledge about FTX’s political donations.

Singh made significant political donations over the years and could help prosecutors gain a better understanding of FTX’s political activities.

His cooperation could lead to him entering a plea deal if his information is determined to be valuable.

Cast your vote now!

Singh could join Wang and Ellison as the latest FTX-linked executive to reach an agreement with federal prosecutors.

After Wang and Ellison entered pleas, U.S. Attorney Damian Williams issued a warning in December 2022 to those who participated in the misconduct at FTX and Alameda, saying, “come see us before we come to see you.”

It was reported on Jan. 5 that the United States Securities and Exchange Commission is investigating Singh for potentially having a role in defrauding FTX investors and users.

Related: FTX collapse may boost ‘further trust’ in crypto ecosystem — Nomura exec

This comes after news in December 2022 that politicians and news organizations reportedly planned to return $6.6 million in donations from FTX, with three prominent Democratic groups having decided to return over $1 million to investors that had lost funds.

In a November 2022 filing, it was revealed that Alameda loaned $543 million to Singh, one of three related party loans given by the trading firm. The filing also revealed a $1 billion loan to Bankman-Fried and $55 million to the then FTX Digital Markets co-CEO Ryan Salame.

Breaking: Caroline Ellison and Gary Wang plead guilty to fraud charges

Both former executives of FTX and Alameda Research have been charged for their role in the “frauds” that led to FTX’s collapse.

Former Alameda Research CEO Caroline Ellison and FTX co-founder Gary Wang have pleaded guilty to federal fraud charges and are cooperating in the Justice Department’s investigation of the former FTX CEO, Sam Bankman-Fried.

United States Attorney for the Southern District of New York (SDNY) Damian Williams made the announcement on Dec. 22, emphasizing that this latest major development is unlikely to be the last.

“As I said last week, this investigation is ongoing and moving very quickly. I also said last week’s announcement would not be our last and let me be clear once again, neither is today’s,” he said, adding that:

“I’m announcing that SDNY has filed charges against Caroline Ellison […] and Gary Wang […] in connection with their roles in the frauds that contributed to FTX’s collapse. Both Ms. Ellison and Mr. Wang have plead guilty to those charges and both are cooperating with the SDNY.”

Williams also confirmed that SBF is now in the custody of the Federal Bureau of Investigation (FBI) and is “on his way back to the United States” where he will be transported directly to the Southern District of New York to appear before a judge “as soon as possible.”

Williams also used the statement to send a stark warning to anyone that may have participated in misconduct at FTX or Alameda:

“Now is the time to get ahead of it. We are moving quickly and our patience is not eternal.”

In a separate action, the United States Securities and Exchange Commission announced on Dec. 21 that it has charged Ellison and Wang for their rules in a “multiyear scheme to defraud equity investors in FTX,” adding that it is also investigating other securities law violations and into other entities and persons relating to the misconduct as well.

The SEC noted that both Ellison and Wang are cooperating with its ongoing investigations as well.

SBF was officially handed over from Bahamian custody to U.S. authorities on Dec. 21 after he waived his right to a formal extradition process that could have taken weeks. His lawyer claimed that SBF wanted to speed up the process as he is currently driven to “put the customers right.”

Related: What blockchain analysis can and can’t do to find FTX’s missing funds: Blockchain.com CEO

Meanwhile, Ellison’s recent guilty plea and cooperation with the SDNY may be unsurprising for some, given that she was reportedly spotted at a coffee shop just a short walk away from the U.S. Attorney’s Office and the New York FBI office on Dec. 5.

Update Dec. 22, 4:33 am UTC: Added information about SEC’s separate charges against Caroline Ellison and Gary Wang. 

Sam Bankman-Fried is ‘under supervision’ in Bahamas, looking to flee to Dubai

It is understood that Sam Bankman-Fried and two former FTX associates are currently “under supervision” by Bahamian authorities.

Disclaimer: The article has been updated to clarify that the US and the UAE have an agreement on evidence sharing, judicial cooperation and assistance in criminal investigations and prosecutions. As a result, U.S.-based fugitives attempting to move to Dubai will most likely be detained and sent back to the United States.

FTX former CEO Sam Bankman-Fried, co-founder Gary Wang and director of engineering Nishad Singh are understood to be in the Bahamas and are “under supervision” by the local authorities. 

A source familiar with the matter told Cointelegraph that the three former FTX executives, as well as Alameda Research CEO Caroline Ellison, are looking for ways to flee to Dubai. While the plan was made assuming that the United States “doesn’t have any extradition treaties” with the UAE, the nations signed a mutual legal assistance treaty (MLAT) back on Feb. 24, 2022, to work against criminals.

United States and United Arab Emirates sign bilateral agreement enhancing law enforcement cooperation. Source: Justice.gov

“Right now three of them, Sam, Gary, and Nishad are under supervision in the Bahamas, which means it will be hard for them to leave,” said the source, who asked to remain anonymous. The source has also revealed that Ellison is currently in Hong Kong, adding that means “she might be able to get to Dubai.”

However, community member coinbureau cited his source in the U.S. government to confirm that FTX members attempting to reach Dubai will get detained at the airport and sent straight back to the United States.

A similar theory was discussed as part of a 16-hour-long Twitter Space by The Crypto Roundtable Show host Mario Nawfal, with a guest speaker claiming “trusted sources” have witnessed Bankman-Fried “in a locked space” with authorities in Albany Tower — a luxury resort located in New Providence in The Bahamas.

An unverified rumor also suggests that Bankman-Fried is currently joined by his father, Joseph Bankman.

Rumors that Bankman-Fried had been arrested on the tarmac at The Bahamas Airport made the rounds on Nov. 10 with evidence suggesting that Bankman-Fried’s private jet had been grounded for 40 minutes while on the way to Miami from Nassau.

On Nov. 12, rumors then pointed to Bankman-Fried having landed in Buenos Aires in the early hours of the day after Twitter users tracked the coordinates of his private jet using the flight tracking website ADS-B Exchange.

Later in the day, Bankman-Fried in a text message to Reuters denied speculation that he had fled to Argentina, claiming that he was still in The Bahamas.

Related: FTX reportedly hacked as officials flag abnormal wallet activity

The former FTX CEO is at the center of one of the industry’s biggest scandals.

A report from The Wall Street Journal on Nov. 9 suggested that the U.S. Department of Justice and the Securities and Exchange Commission are investigating the collapse of the crypto exchange.  

The Department of Financial Protection and Innovation (DFPI) in the state of California announced on Nov. 10 that it will open up an investigation as to the “apparent failure” of the exchange.

Approximately 130 companies in the FTX Group, including FTX Trading, FTX US, and Alameda Research started bankruptcy proceedings on Nov. 11.

Update 6:40am UTC Nov. 13: Cointelegraph has sent inquiries to FTX.

Update 10:35am UTC Nov. 13: Cointelegraph has sent additional inquiries to the Bahamas Police Force and the Securities Commission of the Bahamas.