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Sam Bankman-Fried demands new trial over FTX fraud verdict

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Former FTX CEO Sam Bankman-Fried has challenged his 25-year sentence following his five-week trial late last year.

According to the New York Times, Bankman-Fried appealed a November 2023 court ruling that found the FTX founder guilty of defrauding investors of over $8 billion.

His new lawyer, Alexandra A.E. Shapiro, argued that Judge Kaplan, the presiding judge, presumed Bankman-Fried guilty from the start. The 102-page filing requested a new trial, claiming Judge Kaplan hindered Bankman-Fried’s defense and limited evidence.

Once a crypto mogul and billionaire, Bankman-Fried has been serving a 25-year sentence in a federal prison facility since last year. 

Since his trial in Manhattan, FTX’s former CEO has maintained a semblance of innocence, insisting he never intended to siphon billions of customer funds or conceal the firm’s financial health from investors and regulators.

Other FTX executives who signed plea deals, like former Alameda CEO Caroline Ellison and Ryan Salame, also face prison time. Ellison’s lawyers pushed for a supervised release while Salame tussled with Justice Department prosecutors over campaign finance probes on his partner.

Nearly two years after FTX’s collapse, related litigation is advancing on multiple fronts. The defunct exchange, its sister company Alameda, and the Commodity Futures Trading Commission reached a court-approved $12.7 billion settlement agreement last month.

The Securities and Exchange Commission also indicated it may contest FTX’s plans to repay creditors using stablecoins in its bankruptcy proceedings.



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Chapter 11

Bankrupt Crypto Exchange FTX Set To Begin Paying Creditors and Customers in Early 2025, Says CEO

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The CEO of fallen crypto exchange FTX says the firm will begin distributing its bankruptcy payments soon.

In a statement, John Jay Ray III says payments to FTX creditors and customers will begin early next year amid anticipation that the company’s court-approved Chapter 11 Plan of Reorganization will be effective by early January 2025.

“We are pleased to announce that we will begin distributing proceeds in early 2025. The timeline laid out reflects the experience and continued work of the team of professionals supporting the Debtors, who already have recovered billions of dollars on behalf of FTX’s creditors and customers.”

The announcement comes as FTX nears the completion of the final prerequisites for the reorganization plan. Payouts will be distributed within 60 days after the plan takes effect.

“While we continue to take actions to maximize recoveries, we are full steam ahead to reach arrangements with our distribution agents and return proceeds to creditors and customers as quickly as possible.”

FTX anticipates finalizing the arrangement with specialized distribution agents by early December. These agents will assist in distributing recoveries to customers globally. Instruction will also be given to customers to establish an approved account with a distribution agent.

FTX aims to announce the exact effective date of distribution by the end of next month.

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Bankruptcy

The FTX Co-Founder Proved Assistance to the US Authorities

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FTX co-founder Gary Wang, convicted of misusing funds at a fictitious crypto exchange, may face punishment after his case goes to trial.

On Nov. 13, prosecutors in the U.S. District Court for the Southern District of New York filed a brief alleging that Wang provided significant assistance in the investigation of crimes related to FTX, as well as in the prosecution of Sam Bankman-Fried and several other cases.

The government’s attorneys noted the importance of Wang’s testimony at the trial of Bankman-Fried, who was sentenced to 25 years. They also suggested that if Judge Lewis Kaplan decides to sentence Wang, he could develop a tool to identify potential illegal activities in the crypto market. Prosecutors noted that Wang’s testimony was truthful and corroborated by other evidence.

“Wang has also provided substantial assistance – and in the process taken steps to right past wrongs – by putting his extraordinary computer programing skills to use in detecting potential fraud in the stock and cryptocurrency markets.”

Court filing

Wang, who pleaded guilty to wire fraud, commodities fraud, and securities fraud in December 2022, is awaiting final sentencing on Nov. 20.

Is the FTX story nearing its end?

The latest updates would make Wang the fifth and final FTX or Alameda Research executive to face sentencing. Bankman-Fried was the only one to plead not guilty. In contrast, former Alameda CEO Caroline Ellison and FTX Digital Markets co-CEO Ryan Salame pleaded guilty. All of them are currently serving federal prison sentences.

However, the Bankman-Fried case has continued to see new details and court cases emerge, even as the founder of one of the world’s once-largest exchanges is serving his time in prison.

Meanwhile, Bankman-Fried’s assets are under threat

Earlier, U.S. prosecutors filed a lawsuit seeking to seize cryptocurrency, which they say Bankman-Fried used to bribe Chinese officials.

The lawsuit, filed on Nov. 12 in New York District Court, alleges that a Binance account, then worth about $8.6 million but later growing to about $18.5 million, was used to launder money related to bribes before FTX collapsed in late 2022.

Prosecutors noted that in 2021, Chinese authorities froze two Alameda Research accounts on Chinese exchanges that held $1 billion in cryptocurrency. Later, on Nov. 16, 2021, Bankman-Fried was recorded transferring $40 million to a personal wallet, after which the Alameda accounts were unfrozen. Prosecutors allege that Bankman-Fried initiated additional transactions worth tens of millions of dollars in cryptocurrency to complete the bribe.

“As a result of the Investigation, the Government learned that on or about November 16, 2021, at Bankman-Fried’s direction, approximately 40 million USDT (the “Bribe Payment”) was transferred from an Alameda cryptocurrency wallet hosted by FTX.”

Court filing

The account contained five linked deposit accounts, obscuring the origin of the bribe funds. They described a “flood” of deposits and withdrawals from the account and regular transfers of Bitcoin (BTC) and stablecoins to five wallets. Ellison testified that the total amount of bribes was about $150 million.

Bankman-Fried was initially charged with additional charges related to financial fraud and bribery of foreign officials, which were later dropped. On Sept. 13, his defense team filed an appeal, arguing that Bankman-Fried’s trial was unfair.

Meanwhile, the new FTX management is bombarded with lawsuits

FTX’s new management, meanwhile, is once again preparing lawsuits and demanding money. This time from Binance.

FTX bankruptcy trustees have filed a lawsuit against Binance and its former CEO, Changpeng Zhao, demanding a return of about $1.8 billion. The plaintiffs claim that Binance obtained the funds in a fraudulent transaction in 2021.

According to court documents, FTX and its trading subsidiary Alameda Research were probably insolvent from the start and were certainly insolvent on their balance sheets by early 2021. Therefore, the plaintiffs allege that the share buyback deal was fraudulent.

The lawsuit is one of many filed by FTX and Alameda against their former investors, affiliates, and customers as part of the bankruptcy case. On Nov. 9, the companies filed 23 lawsuits. Among them are claims against U.S. exchange Crypto.com and the political group FWD.US founded by Mark Zuckerberg.

FTX has also filed claims against Anthony Scaramucci and his hedge fund, SkyBridge Capital. The exchange’s lawyers claim that in 2022, Bankman-Fried invested $67 million in various SkyBridge projects since Scaramucci was “seeking financial assistance.” However, these investments “brought virtually no benefit,” the plaintiffs say. According to court documents, FTX is now trying to recover more than $100 million in damages from the company.

Alameda has also filed a lawsuit against Sasha Ivanov, the founder of the Waves blockchain. The company intends to return the $90 million invested in Vires Finance. This liquidity platform then operated on Waves.

“To divert attention from his involvement in the fraud, Ivanov attempted to publicly blame Alameda for destabilizing the Waves ecosystem, tweeting that Alameda had manipulated the WAVES price and organized FUD (“Fear, Uncertainty, and Doubt”) campaigns to trigger panic selling.”

Alameda lawsuit

And what’s next?

In general, the history of the FTX and exchange executives are two different stories. While the platform executives serve their sentences, FTX creditors are frantically trying to return the money they wasted.

The debt to creditors is about $11.2 billion, and the funds available to cover the debt is $14.6-16.3 billion.

Thus, there is very little time left before the end of the scandalous exchange story – to decide on punishment for Wang and repay everyone’s debts.



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Alameda Research

Alameda’s Trabucco forfeits Yacht, $70m in claims to FTX estate

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Former Alameda co-CEO Sam Trabucco will forfeit real estate and luxury assets to the FTX, according to a proposed settlement filed in court.

Documents disclosed on Nov. 11 revealed that the elusive Trabucco was poised to forgo two San Francisco apartments worth $8.7 million, a super yacht valued at $2.5 million, and disputed customer claims of $70 million to the defunct crypto group. 

Court filings regarding the proposed agreement between the FTX estate and Alameda’ Trabucco noted that the executive received $40 million in “potentially avoidable transfers” as part of Sam Bankman-Fried’s crypto empire within two years.

Trabucco was one of Bankman-Fried’s closest comrades in his blockchain enterprise. As co-CEO of Alameda, he led SBF’s hedge fund alongside Caroline Ellison and was part of FTX’s top execs.

Alameda’s joint boss mysteriously left the company in August 2022, months before Bankman-Fried’s firms filed for bankruptcy in November.

SBF was arrested and tried in a Manhattan court. Alameda/FTX tops shots like Ellison, Gary Wang, and Nishad Singh signed plea deals with federal prosecutors in exchange for judicial leniency.

Bankman-Fried was sentenced to 25 years in prison, while Ellison received a two-year supervised release term for her role in America’s largest crypto fraud. Wang and Singh appealed for no jail time as the pair await sentencing.

Trabucco never reportedly signed a plea agreement or appeared to testify in court despite being employed at Alameda during a period of asset commingling and illegal practices. The one-time Alameda CEO has ducked the media spotlight throughout FTX’s saga, and now seemed bound for an unknown future post-SBF.

The FTX estate prepared to disburse about $16 billion to creditors following concluded court cases. FTX lawyers continued to pursue asset recovery, launching lawsuits against Binance founder Changpeng Zhao and centralized exchange Crypto.com.





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