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- FTX Lawyers Tell Court "the Dumpster Fire is Out"
FTX Lawyers Tell Court "the Dumpster Fire is Out"
Plus how U.S. authorities finally tracked down $3.4 billion in stolen Bitcoin.
Good morning! Here's what's up.
Securities Enforcement Forum West 2023
Securities Enforcement Forum West 2023 is set for Tuesday, May 23, 2023 at the Four Seasons San Francisco! It will also be live-streamed so that attendees can watch it online from anywhere.
The event is going to be extraordinary, with a Keynote Q&A with Gurbir Grewal, Director of the SEC's Division of Enforcement. It will also include senior SEC officials from the San Francisco and Los Angeles offices on every panel, and top in-house counsel panelists from companies including Uber, Andreessen Horowitz, Zendesk, E&Y, Lido Advisors and Robinhood! Finally, attendees will hear from nearly 50 of the leading securities enforcement attorneys and consultants in the world.
đ Readers of this newsletter can register (today and tomorrow only) at a 50% discount (regular in-person registration fee is $1,095; regular virtual registration fee is $595). Please visit the link below and use the code DAILYUPDATE50.
Full details are below. See you May 23!
People
Christopher Clark has co-founded a new boutique firm, Clark Smith Villazor LLP.
Evan Gotlob, a former federal prosecutor, has joined Saul Ewing as a partner in the firm's Boston office.
Clips âď¸
FTXâs Bankruptcy Lawyers: âThe Dumpster Fire Is Outâ
Five months after the spectacular implosion of FTX, the Bahamas-based crypto exchangeâs new legal team has a message for both the U.S. bankruptcy court and creditors alike: âThe situation has been stabilized and the dumpster fire is out.â
Made by FTXâs lead bankruptcy attorney Andy Dietderich, a partner at New York law firm Sullivan & Cromwell, the remarks came at a hearing on Wednesday before U.S. Bankruptcy Court Judge John D. Dorsey of the District of Delaware.
Dietderich told the court that the team of professionals who took over FTX after former CEO Sam Bankman-Fried was forced to step down was working hard to build balance sheets from scratch and track down assets for customer recovery. So far, according to a presentation made by Dietderich, the company has recovered a whopping $7.3 billion in mostly liquid, distributable assets, up nearly $2 billion from the figure lawyers gave at a hearing in January.
The U.S. Cracked a $3.4 Billion Crypto Heistâand Bitcoinâs Anonymity
Mr. Zhong made his big mistake on Dec. 16, 2020, according to court records and an analysis of his bitcoin transactions by Elliptic. He combined crypto funds the IRS had linked to the Silk Road thefts with legitimate funds he kept in a cryptocurrency exchange.
With Mr. Zhongâs Silk Road link in hand, authorities went to the bitcoin exchange that handled the transaction. The exchange gave IRS agents an IP address, 45.20.67.1, and Mr. Zhongâs internet service provider confirmed that he had been using that address since 2016. A month later, federal agents searched Mr. Zhongâs house and found the digital storage devices that helped clinch the investigation.
The government seized more than 50,000 bitcoins from Mr. Zhong, which at the time were worth $3.36 billion. A DOJ spokesman declined to comment on the case.
2022 Accounting-related Securities Class Action Settlements Rise
The total value of accounting case settlements grew by more than 67% in 2022 to $1.4 billion, up from $817 million the previous year. Key contributors to the significant jump in total settlement value were an increase in the average settlement amount to $31.7 million in 2022 from $24.7 million in 2021, coupled with a 30% year-over-year increase in the number of settled cases to 43 from 33 the prior year.
The median value of settled accounting cases also nearly doubled from the previous year to $15.5 million. The 91% year-over-year increaseâthe biggest jump since 2012âindicates that accounting settlements were a key driver of the 46% increase in the median value of all securities class action settlements, as discussed in Securities Class Action Settlementsâ2022 Review and Analysis.
đ The Cornerstone Research report is here.
FTXI wrote on Monday that Ray âwas hired as the CEO of FTX to put it into bankruptcy, to steer it through bankruptcy, and to maximize recovery for FTXâs customers and other creditors, and he has spent a lot of his time publishing gleeful reports about how bad everything at FTX is and how incompetent and criminal its former managers, led by former CEO Sam Bankman-Fried, were.â And I suggested that there might be some tension between publishing all those reports about FTXâs badness, and also trying to reopen it for business as though nothing bad had happened.
But, look, fair enough, if I ran S&Câs FTX team, I would staff an army of lawyers on Project Everything Is Fine and Weâre Rebooting FTX As the Worldâs Leading Crypto Exchange, and I would staff an entirely separate army of lawyers on Project Dig Up Every Possible Item of Dirt About FTX to Prove Itâs the Worst Company Ever, and Iâd let them both work in parallel and see what pans out. And both of those teams would be separate from the core team on Project Just Find Out Where All the Assets Are and Liquidate Them to Pay Creditors. Itâs fine! Plenty of lawyers, plenty of money, this is what you do.
JPMorgan orders managing directors back to office five days a week: âLead by exampleâ
JPMorgan Chase has ordered its managing directors âto lead by exampleâ by returning to their desks five days a week â and warned of consequences for lower-level employees that fall short of the firmâs less stringent attendance requirements, according to a recent memo obtained by The Post.
The Wall Street titanâs operating committee detailed its new requirement while stressing the âimportance of being in the officeâ in a message to staffers last Friday.
âOur leaders play a critical role in reinforcing our culture and running our businesses,â the memo said. âThey have to be visible on the floor, they must meet with clients, they need to teach and advise, and they should always be accessible for immediate feedback and impromptu meetings.
âWe need them to lead by example, which is why weâre asking all managing directors to be in the office five days a week,â the memo added.
đ Heads up, all you lawyers out there in big law firms! You see where this is going, right? "Well, if our clients are back in the office five days a week...."
Twitter to let users access stocks, crypto via eToro in finance push
Twitter will let its users access stocks, cryptocurrencies and other financial assets through a partnership with eToro, a social trading company.
Starting Thursday, a new feature will be rolled out on the Twitter app. It will allow users to view market charts on an expanded range of financial instruments and buy and sell stocks and other assets from eToro, the company told CNBC exclusively.
Once again, a co-equal federal agency says exactly the opposite of another. At the same time, a second US Attorney's Office has elected to charge wire fraud, NOT securities fraud, in a parallel criminal case based on its independent assessment of the underlying asset. The rest⌠twitter.com/i/web/status/1âŚ
â paulgrewal.eth (@iampaulgrewal)
2:23 AM ⢠Apr 12, 2023
Cryptography will need to rebrand after crypto
â Mt.Goxâed (@RealWillyBot)
6:16 PM ⢠Apr 12, 2023
Itâs possible that in a few years, bitcoin mining might prevent more carbon from entering the atmosphere than the carbon emitted from creating the electricity it takes to power the network.
Opinion by @bmunst of @Onrampinvest
â CoinDesk (@CoinDesk)
6:57 PM ⢠Apr 12, 2023