FTX Expects to Make Customers 100% Whole, Will Not Re-Launch Crypto Exchange

Plus the SEC plans to dismiss DEBT Box case, says sanctions not warranted.

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FTX Expects to Pay Crypto Customers in Full, Won’t Restart Exchange

FTX, the bankrupt cryptocurrency exchange that was run by Sam Bankman-Fried, said it expects to fully repay its customers, according to a court hearing.

However, the full recovery of customer assets is – unfortunately for those waiting for their money – based on the point of FTX’s actual bankruptcy, when the markets were already in turmoil. That date was preliminarily approved by U.S. Bankruptcy Judge John Dorsey, and it’s a point of contention for some claimants.

by CoinDesk

SEC plans to dismiss case against DEBT Box after admitting inaccurate statements were made

The Securities and Exchange Commission is looking to dismiss its lawsuit against crypto startup DEBT Box after the agency’s lawyers admitted inaccurate statements were made in court.

The agency, which first sued Digital Licensing Inc., doing business as DEBT Box, in July, told Utah U.S. District Court Judge Robert Shelby that it planned to dismiss the action without prejudice, meaning the SEC can still refile its case.

“The Commission has determined that the best way to proceed is to dismiss this action without prejudice. Thus, the Commission has authorized the filing of a motion to dismiss this action without prejudice, which will be forthcoming,” SEC lawyers said in a filing on Tuesday.

by The Block

SEC’s X account hack rehashes concerns over agency’s data security

Louisiana Republican Sen. John Kennedy, a member of the Senate Banking Committee which oversees the SEC, exclusively told FOX Business that the risk to investor privacy is “clearer than ever” after an unknown party on Jan. 9 gained unauthorized access to the official SEC account on X and posted an erroneous message to the agency’s 750,000 followers, announcing the SEC had approved the launch of 11 new bitcoin ETFs.

Kennedy says he plans to push harder for legislation that he introduced to the Senate in July that would restrict the SEC’s mining of investors’ financial and personal data, which he says is unconstitutional.

“The recent hacking of the SEC’s X account proves just how badly Americans need the Protecting Investors’ Personally Identifiable Information Act to safeguard their sensitive data,” Kennedy said in a statement to FOX Business. “The risk is clearer than ever, as is Congress’s responsibility to act.”

by FOX Business

SEC Defends Use of Email to Serve Alleged Ponzi Fraudster Abroad

The US Securities and Exchange Commission wants to convince the Third Circuit, a federal appeals court, that it was appropriate to serve a lawsuit via email on an alleged Ponzi scheme fraudster living overseas, after exhaustive efforts concluded his foreign address was unknown.

The commission’s suit, filed in March 2020, alleges businessman Thomas Megas and estate lawyer Todd Lahr sold more than $1.4 million in unregistered securities as part of a multi-year Ponzi scheme involving traditional mining investments and spent some of the proceeds on personal expenses such as college tuition, car maintenance, and ski lift tickets.

by Bloomberg Law

👉 The defendants spent the proceeds on “ski lift tickets?” 🚠

Elon Musk Wants to Move Tesla From Delaware to Texas

Elon Musk said Tesla would hold a shareholder vote to decide whether to move its state of incorporation to the Lone Star State after a Delaware court ordered him to give up a compensation package valued at $55.8 billion.

“The public vote is unequivocally in favor of Texas,” Musk said Thursday in a post on X. “Tesla will move immediately to hold a shareholder vote,” he said after conducting a poll on the platform.

by WSJ

California Climate Reporting Suit Foreshadows SEC Legal Battle

The SEC has seen the clearest preview yet of the looming court fight over its pending climate disclosure plans: a lawsuit from business advocates and farmers seeking to kill California’s emissions reporting law.

The US Chamber of Commerce, American Farm Bureau Federation and other business and agricultural groups on Tuesday sued to stop California’s first-in-the-nation law directing companies operating in the state to disclose their greenhouse gas emissions. The statute compels speech from businesses in violation of the First Amendment and conflicts with other federal laws on interstate commerce, the groups said in their complaint.

by Bloomberg Law

Coinbase and Its CEO Prep ‘War Chest’ for Pro-Crypto Politicians

With two of his most-formidable competitors in prison or likely headed there soon, Brian Armstrong has emerged as arguably the most-powerful leader in the digital-asset industry. And his ascendancy comes at an intriguing time: the start of campaign season for a US election that his company has described as “the most consequential in crypto’s history.”

The Coinbase Global Inc. chief executive officer’s rising influence is being bolstered by his own resurging affluence, with Armstrong putting some of his fortune to work to help fund what he calls a “war chest” to support crypto-friendly politicians as the industry remains pressured by a US government crackdown that began last year. He personally has donated $1 million to the Fairshake super-PAC and Coinbase itself kicked in another $24.5 million, according to Josh Vlasto, a spokesperson for the political action committee.

by Bloomberg

👉 “With two of his most-formidable competitors in prison or likely headed there soon….” 🤣

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“Ask the Recruiter” by Rachel Nonaka

#3: What other government experience outside of the SEC is in demand right now?

Good news! A wide variety of government experience is in demand right now as top law firms seek expertise related to the regulation and enforcement of public issuers, financial institutions and fintech firms, and SEC registrants, who all tend to pay premium rates for outside counsel.  We can thank the SEC and other regulators for a slew of new rules, regs, and enforcement sweeps to keep the defense bar busy!

In the securities enforcement space, firms tend to value experience from the SEC’s criminal counterpart – the Department of Justice. Main Justice, SDNY, EDNY, EDVA, and NDCA are key DOJ offices targeted. Why? In short, not all USAOs are the same. Districts tend to differ in the kind of cases they specialize in, resulting in different post-government job opportunities. Also, these offices most frequently work the criminal component of securities enforcement cases in parallel with the SEC. Examples of attorneys who recently left DOJ to become law firm partners include David Last (Chief of the FCPA Unit at the DOJ ) going to Cleary, joining Freshfields, Stephen Cha-Kim (Assistant U.S. Attorney for the SDNY) going to Arnold & Porter, and Jeff Shank (former Assistant U.S. Attorney and Chief of the San Jose Branch for the NDCA).

Also in demand right now are senior enforcement and litigation attorneys from other financial regulators, such as FINRA, the CFTC, the PBAOB, and the Federal Reserve. Examples of these moves include Jim Bergin (acting Co-General Counsel, Deputy General Counsel and Chief of Staff of the New York Fed) going to Arnold & Porter, Todd Beaton (chief counsel in FINRA’s Enforcement Department joining McGuireWoods and Patrick Bryan (Director of the Division of Enforcement and Investigations at the PCAOB) moving to DLA Piper.

The same rules apply as to SEC enforcement folks – namely, titles and substantive expertise do matter. Firms will pay more to hire senior government officials who are immediately able to pitch and win new work for the firm. 

If you have a question you’d like me to address, send it my way at [email protected]. (No names or other information will be attached to the questions I answer here.) If you’re interested in having a confidential discussion regarding partnership opportunities, please submit this brief form

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