FTX founder Sam Bankman-Fried agrees to extradition to the US

When the Bahamas Attorney General’s office announced that it had arrested former FTX CEO Sam Bankman-Fried, it noted that the former FTX CEO was likely to be extradited at the request of the United States. Just over a week later, that prediction has co…

Here’s everything Sam Bankman-Fried is accused of by the US government

On Monday evening, Bahamian authorities arrested FTX founder and former CEO Sam Bankman-Fried at the request of the US government. The following morning, the Securities and Exchange Commission (SEC), Department of Justice (DOJ) and Commodity Futures Trading Commission (CFTC) filed formal civil and criminal charges against Bankman-Fried in “parallel actions.” It was a lot to take in all at once, so below Engadget has broken up current charges against SBF by agency, with some additional context provided.

Those indictments likely represent only the start of Bankman-Fried’s troubles. In addition to the charges it announced on Tuesday, the SEC said it was investigating Bankman-Fried for other securities violations. The agency also announced that it’s actively examining the actions of other FTX executives and employees. As more charges are unsealed, Engadget will continue to update this article.

Securities and Exchange Commission

The Securities and Exchange Commission accused SBF of defrauding FTX investors and customers of more than $1.9 billion. Starting as early as May 2019 until as recently as this past November, “Bankman-Fried was orchestrating a massive, years-long fraud, diverting billions of dollars of the trading platform’s customers funds for his own personal benefit and to help grow his crypto empire,” the SEC said.

All the while, Bankman-Fried portrayed himself as a responsible business leader building a safe trading platform with “sophisticated, automated measures to protect customer assets.” In reality, the SEC says, “Bankman-Fried orchestrated a fraud to conceal the diversion of customer funds to his privately-held crypto hedge fund, Alameda Research.”

Bankman-Fried told investors and customers FTX’s sister company was just another platform on the exchange with no special privileges to speak of. “These statements were false and misleading,” according to the SEC. Alameda had access to a “virtually unlimited ‘line of credit” unknowingly funded by FTX customers. In May 2022, when Alameda’s lenders demanded the firm repay loans worth billions of dollars, Bankman-Fried allegedly directed FTX to divert even more money to the hedge fund.

The SEC seeks to bar Bankman-Friend from trading securities in the future. The agency also wants to seize his ill-gotten gains and bar him from acting as an officer or director at another company.

Current FTX CEO John Ray III testified before the House Financial Services Committee on Tuesday — SBF had said he would attend the hearing before his arrest. Ray spoke to some of the allegations detailed by the SEC. “This is really old-fashioned embezzlement,” he told the panel. “We’ve lost $8 billion. I don’t trust a single piece of paper in this organization.”

Department of Justice

In addition to civil charges, Bankman-Fried faces a criminal indictment from the Justice Department. On Tuesday, prosecutors from the Southern District of New York filed eight charges against the former executive, including multiple counts of wire fraud. The Justice Department alleges SBF conspired with other individuals to defraud investors by sharing misleading information about FTX and Alameda’s financial condition. Prosecutors further accused him of attempting to commit commodities and securities fraud. On top of that, Bankman-Fried allegedly broke federal election laws by donating more than is legally allowed and in the names of other people.

SBF spoke about his political donations in a recent interview with journalist Tiffany Fong. “I donated to both parties. I donated about the same amount to both parties,” he said. “All my Republican donations were dark. The reason was not for regulatory reasons, it’s because reporters freak the fuck out if you donate to Republicans.”

It’s worth emphasizing how serious the criminal charges against Bankman-Fried are. For context, a federal judge recently sentenced Theranos founder and former CEO Elizabeth Holmes to 11 years in prison for defrauding the company’s investors and patients. Meanwhile, Ramesh “Sunny” Balwani, the startup’s former chief operating officer, was sentenced to nearly 13 years in prison for his role in the scheme. Sam Bankman-Fried stands accused of defrauding investors of almost $2 billion, or about twice what investors lost to Theranos.

Commodity Futures Trading Commission

Rounding out the current charges against Bankman-Fried, the Commodity Futures Trading Commission accused the former executive of using Alameda Research to “surreptitiously” siphon customer funds. “At Bankman-Fried’s direction, FTX executives created features in the underlying code for FTX that allowed Alameda to maintain an essentially unlimited line of credit on FTX,” the regulator alleges. It adds that Alameda had other “unfair” advantages, including an exemption from the platform’s auto-liquidation risk management process.

As early as May 2019, SBF and “at least one” other Alameda executive directed the firm to use FTX customer funds to trade on competing platforms and buy “high-risk” digital assets. Additionally, the CFTC alleges that Bankman-Fried and his cohorts “took hundreds of millions of dollars in poorly-documented ‘loans’ from Alameda,” which they then used to purchase real estate and make political donations.

For his actions, the CFTC is seeking to ban Bankman-Fried from trading derivatives and impose civil penalties against him. It also wants to bar him from acting as a director or officer in the future.

How to watch the FTX Congressional hearings

The implosion of cryptocurrency exchange FTX has drawn the attention of politicians, with the House and the Senate set to hold hearings on the mess on Tuesday and Wednesday, respectively. The House’s Committee on Financial Services is first up at 10AM ET with a hearing titled, “Investigating the Collapse of FTX, Part I.” 

First up to testify is new FTX CEO John J. Ray III, but following the arrest of Sam Bankman-Fried in the Bahamas on Monday and subsequent charge by the SEC, it’s unlikely that the co-founder and former CEO will appear remotely like first planned. As of this morning, the committee’s witness list only names Ray.

Bankman-Fried said he’d participate after a back-and-forth on Twitter with Rep. Maxine Waters, the committee’s chair. Previously, Bankman-Fried warned that he doesn’t have access to much of his personal or professional data and, as such, expressed doubt over how helpful he’d be to the committee.

Last month, Binance agreed to buy FTX, which was facing a liquidity crisis. Binance backed out a day later after taking a look at FTX’s books. FTX then filed for bankruptcy protection and Bankman-Fried stepped down as CEO.

Ray, a corporate restructuring veteran who oversaw Enron’s bankruptcy process, said FTX was in an “unprecedented” mess and that he’d never “seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information.” Ray also claimed that Bankman-Fried has been making “erratic and misleading public statements” about FTX. The former CEO has given several interviews since leaving the post.

The collapse of FTX, which has dragged down other players in the crypto industry, could impact more than a million creditors. Prosecutors in the US are said to be investigating Bankman-Fried for possible fraud.

As of the time of writing, Bankman-Fried is not scheduled for the Senate Banking Committee’s hearing on Wednesday. “Crypto Crash: Why the FTX Bubble Burst and the Harm to Consumers” will feature testimony from American University Washington College of Law professor Hilary J. Allen and Jennifer J. Schulp, the director of financial regulation studies at the Cato Institute’s Center for Monetary and Financial Alternatives. Investor Kevin O’Leary and actor and crypto critic Ben McKenzie will also testify. That hearing will start at 10AM and you can watch it on the committee’s website.

SEC charges FTX co-founder Sam Bankman-Fried with ‘defrauding investors’

Following his arrest in the Bahamas, the US Securities and Exchange Commission (SEC) has charged FTX co-founder Sam Bankman-Fried with “defrauding investors,” it announced. It alleges that Bankman-Fried “concealed his diversion of FTX customers’ funds to [the] crypto trading firm Alameda Research while raising more than $1.8 billion from investors.” 

“We allege that Sam Bankman-Fried built a house of cards on a foundation of deception while telling investors that it was one of the safest buildings in crypto,” said SEC Chair Gary Gensler. “The alleged fraud committed by Mr. Bankman-Fried is a clarion call to crypto platforms that they need to come into compliance with our laws.”

The SEC alleges that since at least May 2019, FTX raised $1.8 billion from equity investors, including $1.1 billion from 90 US investors alone. Bankman-Fried promoted the exchange as a safe trading platform with “sophisticated, automated measures to protect customer assets,” it said. “In reality, though, Bankman-Fried orchestrated a fraud to conceal the diversion of customer funds to his privately-held crypto hedge fund, Alameda Research.”

That fund was given special treatment, “including an unlimited ‘line of credit’ funded by the platform’s customers and exempting Alameda from certain key FTX risk mitigation measures,” the commissioner added. And finally, customers were exposed to undisclosed risk from FTX’s exposure to Alameda holdings of “overvalued, illiquid assets such as FTX-affiliated tokens.” It further alleges that Bankman-Fried used commingled FTX customer funds to make “undisclosed venture investments, lavish real estate purchases and large political donations.” 

Bankman-Fried was set to be testifying today in Congress, but that isn’t happening now. In a draft transcript of his testimony seen by Forbes, he would have led by saying “I fucked up.” Later in the transcript, Bankman-Fried claims Alameda’s position on the platform was twice as large as displayed on FTX’s dashboards due to “a historical accounting quirk,” as opposed to any malfeasance. He also planned to say that FTX’s US business is fully solvent and could pay back customers immediately. Among other statements, he notes that he was pressured into filing for Chapter 11, and that ultimately the Chapter 11 documents were filed against his wishes.

The SEC is seeking injunctions including barring Bankman-Fried from future securities dealings, seizing alleged ill-gotten gains, a civil penalty and an officer and director bar. “FTX operated behind a veneer of legitimacy,” said SEC enforcement director Surbir S. Grewal. “But as we allege in our complaint, that veneer wasn’t just thin, it was fraudulent.”

At the same time, the US Attorney’s Office of the Southern District of New York and the Commodity Futures Trading Commission (CFTC) also announced charges against Bankman-Fried in parallel actions. The unsealed indictment in United States of America v. Samuel Bankman-Fried has eight counts: Conspiracy to commit wire fraud on customers; wire fraud on customers; conspiracy to commit wire fraud on lenders; wire fraud on lenders; conspiracy to commit commodities fraud; conspiracy to commit securities fraud; conspiracy to commit money laundering and conspiracy to defraud the United States and violate the campaign finance laws. 

The CFTC’s suit names Bankman-Fried alongside FTX and Alameda Research. Alongside similar allegations to the criminal and SEC cases, the CFTC claims that Bankman-Fried and other FTX executives took “hundreds of millions of dollars in poorly-documented ‘loans’ from Alameda that they used to purchase luxury real estate and property, make political donations, and for other unauthorized uses.”

Update 12/13 11:30AM ET: This article was updated to include details on the criminal charges and CFTC suits.

Former FTX CEO Sam Bankman-Fried arrested in Bahamas

Looks like embattled FTX CEO Sam Bankman-Fried won’t be testifying before Congress after all. The Bahamas Attorney General’s Office announced Monday that Bankman-Fried has been arrested and is likely to be extradited in short measure back to the US to stand trial. The AG’s office noted that his arrest came after, “receipt of formal notification from the United States that it has filed criminal charges against SBF and is likely to request his extradition.”  

The news of his arrest should come as little surprise given that last Friday the Department of Justice came out and said that it was “closely” examining his role in the multi-billion cryptocurrency exchange’s recent collapse, which is expected to harm more than a million individual investors. Justice Department officials made those statements while meeting with the crypto exchange’s bankruptcy team to discuss whether FTX had improperly moved hundreds of millions of dollars just ahead of its declared bankruptcy last November.

Bankman-Fried was scheduled to testify before Congress at the House Financial Services Committee on Tuesday. However, as United States Attorney Damian Williams explained in a Tweet Monday, Bankman-Fried has been taken into custody “based on a sealed indictment,” which will be revealed and explained in the morning.

“Clearly, I made a lot of mistakes. There are things I would give anything to be able to do over again,” Bankman-Fried recently tried to explain to the New York Times. “I did not ever try to commit fraud on anyone.” 

The Bahamian government is also being accused of collusion — not by the DoJ, but rather FTX itself. Attorneys for the company asserted on Monday (ahead of the arrest news) that the Bahamas as a governing entity had colluded with Bankman-Fried to help move the ill-gotten funds from all those suspicious transactions that took place right before bankruptcy into crypto-wallets controlled by Bahamian regulators.  

Bankman-Fried stepped down from his role of CEO at FTX in November and was replaced by John J. Ray III, an executive who was also helmed Enron through its own bankruptcy proceedings. In his prepared remarks for Tuesday’s now-postponed congressional hearings, Ray painted a bleak picture of FTX’s late stage management and operations. 

In it, he says that FTX went on a $5 billion spending spree in late 2021 and early 2022, “buying a myriad of businesses and investments, many of which may be worth only a fraction of what was paid for them,” as well as making numerous loans and payments amounting to more than $1 billion, “to insiders.” Those funds were also co-mingled with money from Bankman-Fried’s other venture Alameda Research, which also used client funds to engage in high-risk margin trading.

Depending on what the Southern District Attorney’s office unseals tomorrow, Bankman-Fried could be going away for a very long time. Wire and bank fraud on this scale, per a CNBC legal panel, would put Bankman-Fried in jeopardy of life without parole. Former Theranos CEO Elizabeth Holmes and COO Sunny Balwani just got 11 and 12 years in prison, respectively, for their roles in the medical company’s massive fraud case. Ponzi Scheme king Bernie Madoff got 150 years for his shenanigans in 2009, and in 2006, Jeff Skilling was handed 24 years for his role in Enron’s downfall.  

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Juul will pay $1.2 billion to settle multiple youth-vaping lawsuits

Juul has faced numerous lawsuits over the past few years, accusing the company of targeting underage users with its marketing and sales tactics. Now, according to Bloomberg, Juul has agreed to pay $1.2 billion in settlement, which will resolve around 10,000 lawsuits — including 8,500 personal injury cases, over 1,400 cases by government entities and school districts, as well as 32 tribal cases. California, for instance, sued Juul in 2019, accusing the company of targeting minors in the state, failing to verify the age of its customers and failing to warn users of their exposure to chemicals linked to cancer and birth defects. 

The San Francisco Unified School District, which also filed a lawsuit against Juul over its marketing practices, reportedly said it was “very pleased” with the settlement. Who can actually participate in the settlement and how much each plaintiff will get are still under discussion. The plaintiffs’ lawyers said people eligible to sign onto the deal will receive a minimum gross amount of $1,000 before attorney fees and other deductions. They also said that most people are expected to receive “substantially higher settlements.” Plaintiffs who sued the company over personal injury will learn how much they’ll get in February, according to the lawyers. US District Judge William Orrick will still have to approve this proposed settlement before it can be finalized.

Juul has been under scrutiny since 2018 after the US Food And Drug Administration ordered e-cigarette brands to stop selling flavored pods if they can’t prove that they can keep them out of minors’ hands. It’s been facing one lawsuit after another since then. In addition to this particular deal, the company also agreed to pay $439 million to settle a two-year investigation by multiple states and Puerto Rico that accuse Juul of marketing products to teens. 

Uber files lawsuit to block NYC driver pay increase

Back in November, New York City’s Taxi and Limousine Commission (TLC) voted to increase the pay rates of Uber and Lyft drivers to make up for the rise in inflation and and operational costs. The new rates were supposed to be implemented on December 19th, but now Uber has sued the commission to block the new rates from taking effect. According to Bloomberg, Uber said in its lawsuit that it would have to spend an additional $21 million to $23 million a month if the new rates are implemented and that it wouldn’t be able to recover those costs without raising fares.

To note, drivers’ per-minute rates are going up by 7.18 percent and per-mile rates by 16.11 percent under the new rules. That means for a 7.5-mile trip that takes 30 minutes, a driver would earn at least $27.15, which is $2.50 more than current rates. The drivers are also getting another pay bump in March 2023, based on inflation rates comparing December’s to September’s this year. A company spokesperson told Engadget that by increasing drivers’ pay this December, TLC is locking in “this summer’s high gas prices in perpetuity.” 

Freddi Goldstein, Uber spokesperson told us:

“With this latest rulemaking, on top of the annual inflation adjustment, the TLC is choosing to invent a new methodology that locks in this summer’s high gas prices in perpetuity with a ‘mid-year’ adjustment that takes place 12 days before the end of the year. The TLC should have followed its usual annual adjustment and instituted a temporary gas surcharge when gas prices were actually elevated.”

The company’s lawsuit seems to indicate that it intends to pass the costs associated with drivers’ pay increase to riders. “Such a significant fare hike, right before the holidays, would irreparably damage Uber’s reputation, impair goodwill, and risk permanent loss of business and customers,” its lawsuit said. In a strongly worded response to the lawsuit, TLC said acknowledged that Uber already charges 37 percent more today compared to 2019, but it said that the company is keeping money earned from fare hikes over the past few years to itself. 

The commission’s statement reads: “Just in time to steal Christmas from New York families, Uber is suing to stop the raise the TLC enacted for app drivers after months of public hearings, years of stalled wages, and the pandemic decimating incomes. Uber’s Grinch move is on top of denying a fuel surcharge to only NYC drivers when costs skyrocketed due to record high inflation, forcing drivers in one of their most profitable markets to choose between groceries and fueling up. 

Uber is already charging passengers 37% more today compared to 2019 AND KEEPING IT FOR THEMSELVES but says this modest raise for drivers is what will break the company. Shame on you, Dara Khosrowshahi. We call on the City to stand firm and defend the rights of drivers to labor with dignity. Uber seeks chaos. We seek dignity. We are confident we will prevail.”

The ride-hailing giant is now asking the court to declare the new pay rates as invalid and to prevent the first increase’s implementation this month while the lawsuit is ongoing. 

UPDATE 12/10/22 10:53AM: Uber clarified that it’s had rate hikes over the past years and that the per-minute increase is 7.18 percent, while the per-mile is 16.11 percent. We also added the company’s official statement. 

Sam Bankman-Fried says he’ll testify next week about FTX Collapse

Embattled FTX co-founder and former CEO Sam Bankman-Fried said today that he will testify before Congress next week. After a Twitter back-and-forth with committee chair Rep. Maxine Waters, he agreed to testify about the crypto exchange’s sudden collapse. “I still do not have access to much of my data — professional or personal. So there is a limit to what I will be able to say, and I won’t be as helpful as I’d like,” he tweeted this morning. “But as the committee still thinks it would be useful, I am willing to testify on the 13th.” The House Committee on Financial Services will hold a hearing on Tuesday investigating FTX.

His agreement to testify is an about-face from last week when he tweeted that he only would appear after he finished “learning and reviewing” what led to the company’s rapid downfall. Waters replied, “Based on your role as CEO and your media interviews over the past few weeks, it’s clear to us that the information you have thus far is sufficient for testimony.”

Bankman-Fried’s testimony for the House Committee will likely be remote, according to The Wall Street Journal. Leaders of the Senate Banking Committee, holding a separate FTX hearing next week, have threatened to subpoena him if he doesn’t also agree to appear in front of their panel. But that may be tough to enforce since he lives in the Bahamas.

NEW YORK, NEW YORK - NOVEMBER 30: FTX founder Sam Bankman-Fried speaks during the New York Times DealBook Summit in the Appel Room at the Jazz At Lincoln Center on November 30, 2022 in New York City. The New York Times held its first in-person DealBook Summit since the start of the coronavirus (COVID-19) pandemic with speakers from the worlds of financial services, technology, consumer goods, private investment, venture capital, banking, media, public relations, policy, government, and academia. (Photo by Michael M. Santiago/Getty Images)
Michael M. Santiago via Getty Images

His testimony could include a public showdown with John J. Ray III, FTX’s current CEO overseeing bankruptcy proceedings, who is also testifying Tuesday. Ray hasn’t minced words about Bankman-Fried’s “erratic and misleading public statements” about FTX. “Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here.”

Bankman-Fried resigned last month after Binance backed out of a deal to buy FTX, citing concerns discovered while conducting due diligence. FTX then filed for Chapter 11 bankruptcy protection, capping off the collapse. The company currently faces more than 100,000 creditors, but that number could expand to over one million.

Hollywood, never an industry to turn down a high-profile downfall story, quickly pounced. Amazon has already greenlit a limited series about FTX helmed by the Russo brothers.