- Daily Update from Securities Docket
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- FTX Customers Will Be Paid Back With Interest ... But "They're Mad Anyway"
FTX Customers Will Be Paid Back With Interest ... But "They're Mad Anyway"
Plus not one but TWO polls in this newsletter!
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Good morning! Here’s what’s up.
Poll #1
🎨Today, The King unveiled a new portrait by @RealJonathanYeo at Buckingham Palace. The painting - commissioned by The Draper’s Company - is the first official portrait to be completed since His Majesty’s Coronation. It will hang in Draper’s Hall in London.
— The Royal Family (@RoyalFamily)
3:30 PM • May 14, 2024
Does this painting look more like "Madoff in Hell" or King Charles? |
Clips ✂️
FTX Users Will Be Paid Back, With Interest. They’re Mad Anyway
Arush Sehgal and Acaena Amoros Romero saw their life savings disappear, all at once, into the vortex of FTX’s fraud-fueled collapse.
Then the crypto market staged a stunning surge back from the depths of the 2022 crash. Over the next year and a half, Bitcoin climbed so much, in fact, that by their count what they had entrusted to FTX — if it weren’t tied up in bankruptcy court — would have swelled to at least $4 million.
That’s at the root of mounting anger at what is — by traditional measures, at least — a surprising victory for FTX’s more than two million customers, all of whom will have a chance to vote on the plan for winding down the company’s bankruptcy.
Former FTX Exec Ryan Salame Asks for 18 Months in Prison
Attorneys for Ryan Salame, a former FTX executive who pled guilty to election fraud charges in September, are asking the court for leniency in the form of an 18-month sentence, according to a sentencing memorandum filed on Tuesday.
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In filings, his attorneys argue that Salame’s role at the shuttered companies was less central to the fraud and more operational. They also cite cooperation with authorities, genuine remorse, efforts to address his substance abuse issues, and the significant personal and financial losses he has already suffered as a result of the exchange’s collapse.
He had absolutely no knowledge that the four people at the center of Alameda and FTX had conspired to lie and to steal from their customers. Ryan stole from no one. He did not lie to customers,” his attorneys wrote in a filing. “He was duped…when he finally understood the FTX fraud, he was the first person to blow the whistle to authorities in The Bahamas.”
Cahill Gordon & Reindel LLP announced today that leading “crypto native” lawyers Lewis Rinaudo Cohen, Gregory Strong, and Sarah W. Chen have joined the firm as partners in Cahill’s globally recognized Digital Assets and Emerging Technology, or “CahillNXT” practice. The CahillNXT practice will be co-chaired by Cahill partners Samson “Sam” Enzer (who founded Cahill’s cryptocurrency and fintech practice in 2021) and Lewis Cohen. The arrival of Mr. Cohen, Mr. Strong and Ms. Chen will include the opening of a Cahill office in Delaware led by Mr. Strong, a former Deputy Attorney General in the Delaware Department of Justice, given the state’s strategic importance to clients in the digital assets sector and across Cahill’s financial services-focused practices.
👉 I’m including this clip mainly to point out the fact that Cahill’s Digital Assets and Emerging Technology practice group has given itself a name: “CahillNXT”
I don’t think I’ve seen this before. Is this the future? Branding your law firm practice area with a hip(?) name like it is a tech startup?
Poll #2:
Is branding your law firm practice group with its own name the wave of the future? |
Tesla Hits the Road to Persuade Shareholders to Pay Elon Musk $46 Billion
Tesla shareholders have a decision to make in the next month about Elon Musk.
On June 13, they are set to vote on whether to reinstate stock options currently valued at $46 billion to Musk, the carmaker’s chief executive and one of the world’s richest people, after a judge struck down the award in January.
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Tesla board chair Robyn Denholm and others at the company plan to spend the next several weeks crisscrossing the globe to rally support from shareholders.
Cyber Threats Rise Along With Scrutiny of How Companies Handle Hacks
Cybersecurity threats increased for businesses over the past year, according to a Wall Street Journal survey of compliance professionals.
Nine out of 10 companies said cybersecurity risks rose, with nearly half saying the risk shot up substantially. Almost all midsize companies—those with between $50 million and $1 billion in revenue—said they felt cyber threats had increased.
Boldface and Italics Not Enough to Identify Misleading Statements
The Court said that it was unable to discern from amongst these statements and assertions what specifically the defendants were alleged to have said that was misleading. The plaintiffs had tried to explain that they “often…use… bold and italicized font” to indicate “what portion of each statement is misleading.”
The Court said that “Rather than guess as to which instances of bold and italicized font Plaintiffs intend to denote the statements (or portions of statements) they claim are false and misleading, the Court leaves it to Plaintiffs to make that clear – for each statement offered as a basis of their claims – in the first instance.” The Court granted the plaintiffs’ thirty days leave to file a second amended complaint.
SEC Charges Convicted Felon for Offering Fraud
The Securities and Exchange Commission today announced charges against Jerry D. Guess, a convicted felon, and his company, Guess & Co. Corporation, Inc. (“Guess & Co.”), alleging that the Defendants conducted a fraudulent offering of Guess & Co. stock.
According to the SEC’s complaint, from at least June 2021 through April 2022, the Defendants made multiple false and misleading statements of material facts to at least 57 prospective investors in at least 12 states and one foreign country to solicit them to invest in Guess & Co. stock. The complaint alleges that the Defendants falsely represented to prospective investors that Guess & Co. was a diversified energy, health care, technology, and real estate company that had earned millions of dollars in revenue from its business operations in 2019 to 2021, and they misleadingly projected the Company would earn billions in revenue in both 2021 and 2022. However, as alleged in the complaint, during the period of the offering, Guess & Co. had no operations, customers, or business revenue other than the sales of 19 computers to electronics re-sale shops for $14,650.
Source:
👉 “Guess & Co. had no operations, customers, or business revenue other than the sales of 19 computers to electronics re-sale shops for $14,650.” 🤣
The SEC’s Complaint is here.
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Michael Garibaldi, a Managing Director at FTI Consulting in San Francisco, will be speaking at Securities Enforcement Forum West 2024 on May 23, 2024, on the topic of financial disclosure and accounting fraud. Mr. Garibaldi provides litigation and dispute advisory services, offering consulting expertise and financial analysis for high-stakes commercial disputes in federal and state courts.
Additionally, Mr. Garibaldi oversees large-scale forensic accounting investigative matters, addressing issues such as corporate fraud and employee misconduct. His extensive experience includes presenting investigative findings to U.S. government agencies like the SEC and the Department of Justice. Mr. Garibaldi's diverse client portfolio spans various industries, including financial services, venture capital, and technology, showcasing his expertise in navigating complex financial landscapes.
Learn more about Michael's background or email him directly at [email protected]
Will the SEC Investigate Some Reddit Users Concerning GameStop? IMHO, Probably. Will the Investigations Lead to SEC Enforcement Actions? IMHO, Probably Not.
It looks like the Reddit/GameStop gang is at it again. Shares of GameStop soared yesterday more than 74% following the… x.com/i/web/status/1…
— John Reed Stark (@JohnReedStark)
2:58 PM • May 14, 2024
So all of Wall St. Research would also be illegal?
All investment newsletters would be illegal?
All tweets about securities would be illegal?
Anyone on CNBC stating an opinion on a stock would be illegal?
Come on Jay… you know better than this…
— Mark W. Yusko #TwoPointOneQuadrillion (@MarkYusko)
3:00 AM • May 15, 2024
Elon Musk must testify in the SEC's investigation into his Twitter takeover, a federal court ruled today.
— Axios (@axios)
12:01 AM • May 15, 2024
Today we announced settled charges against NY-based Hudson Valley Wealth Management and its founder, Christopher Conover, for breaching their fiduciary duties by failing to disclose conflicts of interest and making misleading statements to their clients. sec.gov/news/press-rel…
— U.S. Securities and Exchange Commission (@SECGov)
8:27 PM • May 14, 2024