SDNY

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

The appeal, filed on the last possible day, prevents the names of two bond guarantors for SBF from being revealed until at least Feb. 14.

The names of two guarantors who signed off on part of Sam Bankman-Fried’s $250 million bail bond will continue to remain a secret for now.

A judge has also rejected an agreement that would have permitted Bankman-Fried to use certain messaging apps.

Bankman Fried’s lawyers filed an appeal to block the release of the guarantors’ names last-minute on Feb. 7. The appeal did not contain further arguments against the disclosure but it will prevent the order from being enforced until Feb. 14 to allow for an application for a further stay.

The appeal was expected after a Jan. 30 ruling in which United States District Judge Lewis Kaplan granted a joint petition from eight major media outlets seeking to unseal the guarantors’ names.

Sam Bankman-Fried in an interview during the Bitcoin 2021 conference. Source: Cointelegraph

At the time, Kaplan noted his order was likely to be appealed given the novelty of the circumstances.

He stated arguments by Bankman-Fried’s lawyers that guarantors “would face similar intrusions” as Bankman-Fried’s parents lacked merit given the size of their individual bonds was much smaller, at $200,000 and $500,000.

Bankman Fried’s parents — Joseph Bankman and Barbara Fried — were the other two parties who signed off on the bond.

Additionally, the judge said the guarantors had voluntarily signed individual bonds in a “highly publicized criminal proceeding,” and had therefore opened themselves up to public scrutiny.

Related: US Attorney requests SEC and CFTC civil cases against SBF wait until after criminal trial

Meanwhile, on Feb. 7 Kaplan rejected a joint agreement between Bankman-Fried’s legal team and prosecutors that would have modified bail conditions and allowed Bankman-Fried to use certain messaging apps.

Kaplan did not provide a reason for denying the motion but added the subject would be further discussed in a Feb. 9 hearing.

Kaplan ruled on Feb. 1 that Bankman-Fried was barred from contacting FTX or Alameda Research employees citing a risk of “inappropriate contact with prospective witnesses” after it was revealed the former CEO had been contacting past and present staff.

US Feds put together ‘FTX task force’ to trace stolen user funds

United States Attorney Damian Williams said the office is working “around the clock” to respond to the implosion of FTX.

The United States Attorney’s Office for the Southern District of New York (SDNY) has formed the FTX Task Force to “trace and recover” missing customer funds, as well as handle investigations and prosecutions related to the exchange’s collapse. 

The announcement came in a statement from U.S. Attorney Damian Williams, who is the federal prosecutor in the FTX case involving founder Sam Bankman-Fried.

Charges from the Manhattan attorney’s office against Bankman-Fried include wire and securities fraud, conspiracy to commit wire and securities fraud, money laundering and violation of campaign finance laws.

“The Southern District of New York is working around the clock to respond to the implosion of FTX,” said Williams in the statement, adding:

“It’s an all-hands-on-deck-moment.”

“We are launching the SDNY FTX Task Force to ensure that this urgent work continues, powered by all of SDNY’s resources and expertise until justice is done.”

According to the SDNY, the task force’s team consists of senior prosecutors from its securities and commodities fraud, public corruption, money laundering and transnational crime enterprise units — which will be responsible for the “investigation and prosecution of matters related to the FTX collapse.”

Meanwhile, its “asset forfeiture and cyber capabilities” will be used to “trace and recover” the billions of dollars worth of missing customer funds, it added.

A similar effort had already been underway by FTX’s new management, which hired financial advisory company AlixPartners in December to conduct “asset-tracing” for FTX’s missing digital assets.

Related: Sam Bankman-Fried enters not guilty plea for all counts in federal court

The Manhattan U.S. Attorney’s Office reportedly first began its probe of FTX’s collapse shortly after the firm filed for bankruptcy on Nov. 11.

According to its website, the U.S. Attorney’s Office for the Southern District of New York is known for prosecuting cases involving the violation of federal laws and investigates a broad array of criminal conduct “even when the conduct arises in distant places.”

FTX and key executives including Bankman-Fried, co-founder Gary Wang and Alameda Research former CEO Caroline Ellison had since September 2021 been operating out of the Bahamas,  where many of the alleged crimes are believed to have been perpetrated.

On Jan. 3, Bankman-Fried pleaded “not guilty” to all eight criminal charges related to FTX’s implosion — which carries a total of 115 years of prison for the FTX founder if he is convicted.

Last month, Wang and Ellison pleaded guilty to federal fraud charges relating to their role in the collapse of the FTX exchange.

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. 

It’s stacking up: SEC to file separate charges against FTX’s SBF

Sam Bankman-Fried has finally been slapped with criminal charges and will be extradited to the U.S.; once there, he’ll have to face separate charges from the SEC.

The legal troubles are mounting for Sam Bankman-Fried, the disgraced founder of crypto exchange FTX.

The United States Securities and Exchange Commission (SEC) said on Dec. 12 that it is preparing to file charges against the Alameda Research co-founder, which will be separate from the ones leading to his most recent arrest in the Bahamas.

In a statement on Twitter, the SEC tweeted a quote from its division of enforcement director Gurbir Grewal on Dec. 12 stating that the agency has “authorized separate charges relating to his violations of securities laws.”

Grewal said the charges will be filed publicly “tomorrow” on Dec. 14 at the Southern District of New York.

Related: FTX was an ‘utter failure of corporate controls at every level of an organization’, says new CEO

The SEC’s announcement comes only hours after news broke of Bankman-Fried’s arrest in the Bahamas.

In a statement, Senator Ryan Pinder, the attorney general of the Bahamas, said the arrest followed receipt of formal notification from the United States that it has filed criminal charges against SBF and is likely to request his extradition.

Specific details on the charges have not yet been confirmed, but it i understood they include wire and securities fraud, conspiracy to commit wire and securities fraud and money laundering.

In his latest statement, the SEC’s Grewal commended the agency’s “law enforcement partners” for securing the arrest of Bankman-Fried on federal criminal charges.

FTX was the ‘fastest’ corporate failure in US history — Trustee calls for probe

The Department of Justice’s U.S. Trustee overseeing FTX’s bankruptcy case has moved for the court to appoint an independent examiner.

The United States Trustee handling FTX’s bankruptcy proceedings has referred to the now-defunct exchange as the “fastest big corporate failure in American history,” and is calling for an independent probe to look into its downfall. 

In a Dec. 1 motion, U.S. Trustee Andrew Vara noted that over the course of eight days in November, debtors “suffered a virtually unprecedented decline in value” from a market high of $32 billion earlier in the year to a severe liquidity crisis after a “proverbial ‘run on the bank:’”

“The result is what is likely the fastest big corporate failure in American history, resulting in these ‘free fall’ bankruptcy cases.”

Vara has called for an independent examination of FTX, stating it was “especially important because of the wider implications that FTX’s collapse may have for the crypto industry.”

Independent examiners are typically brought into bankruptcy cases when it is in the interest of creditors, or when unsecured debts exceed $5 million.

This type of examiner has been called in other high-profile bankruptcy cases such as Lehman Brothers, and more recently to look into allegations of mismanagement by Celsius as part of its ongoing Chapter 11 case.

“Like the bankruptcy cases of Lehman, Washington Mutual Bank, and New Century Financial before them, these cases are exactly the kind of cases that require the appointment of an independent fiduciary to investigate and to report on the Debtors’ extraordinary collapse,” the Trustee said.

Vara added that in regard to FTX’s collapse, “the questions at stake here are simply too large and too important to be left to an internal investigation.”

According to the motion, the appointment of an examiner — which requires the approval of the judge — would be in the interest of customers and other interested parties as they would be able to “investigate the substantial and serious allegations of fraud, dishonesty, incompetence, misconduct, and mismanagement” by FTX.

Additionally, the motion suggests an examiner could look into the circumstances surrounding FTX’s collapse, customers’ funds being moved off the exchange and whether entities that have lost money on FTX are able to claim back losses.

Related: Former FTX CEO Sam Bankman-Fried denies “improper use” of customer funds

FTX’s CEO John J. Ray III, who replaced Sam Bankman-Fried on Nov. 11, has been highly critical of the firm’s operations since taking control, noting on the first day in court that there was a use of “software to conceal the misuse of customer funds” and “a complete absence of trustworthy financial information,” with control concentrated “in the hands of a very small group of inexperienced, unsophisticated and potentially compromised individuals.”

While the Trustee acknowledges interested parties will be concerned that the appointment of an examiner will have costs and may intersect with FTX’s internal investigation, he suggests that these concerns don’t negate the need for an examiner.

In related news, the U.S. Attorney’s Office for the Southern District of New York and the U.S. Securities and Exchange Commission has reportedly sent a number of requests to investors and firms that worked closely with FTX, asking for information on the company and its key figures.

So far, the authorities are yet to make any charges but appear to be closely investigating the defunct exchange.