Autor Cointelegraph By Felix Ng

Bankman-Fried on the hook in Texas, called to appear at Feb. hearing

Former FTX CEO Sam Bankman-Fried has been called to a Feb. 2 hearing by the Texan securities regulator as part of an investigation into whether he and FTX US have violated Texas securities laws. In a Notice of Hearing signed off by Texas State Securities Board’s (SSB’s) director of enforcement Joe Rotunda and served to Bankman Fried on Nov. 29, the regulator alleges that FTX US offered unregistered securities to Texans through its “EARN” accounts.The investigation was first announced on Oct. 14, before the dramatic collapse and bankruptcy of FTX’s global operations. The regulator announced at the time it was investigating FTX Trading and FTX US and its principals including Sam Bankman-Fried for offering unregistered securities through its yield-bearing products. On Nov. 18, Rotunda used Twitter to appeal to the public to reach out to him if they were a previous client of FTX and based in Texas.If you’re a client if @FTX_Official and you live in Texas, please reach out to me. We want to hear your story. My Texas State Securities Board email address is jrotunda@ssb.texas.gov.— Joe Rotunda (@joe_rotunda) November 18, 2022In the latest notice, the SSB alleged that Sam Bankman-Fried violated a section of the Securities Act during his role as the then-CEO of FTX. “Respondent [Sam Bankman-Fried] violated Section 4003.001 of the Securities Act by offering and selling securities in Texas that were not registered or permitted for sale in Texas,” said Rotunda, adding it also didn’t register as a dealer or agent in Texas. The regulator said it hoped that the hearing will lead to a Cease and Desist order to prevent FTX from “engaging in fraud in connection with the offer or sale of securities in Texas.”It was also “praying” for the judge to order Bankman-Fried to return money to Texan customers that had invested in its “unregistered EARN accounts.”The regulator also wants consideration of an “administrative fine” to be issued to Bankman-Fried should he have gained any economic benefit from the securities law violations. This amount wouldn’t exceed $20,000 per violation but could go to $250,000 for every “illegal or fraudulent act” that was perpetrated against Texans over the age of 65. Rotunda said the hearing will commence at 9am local time on Feb. 2, 2023, and Bankman-Fried can attend the hearing using Zoom. Related: ‘I never opened the code for FTX’: SBF has long, candid talk with vloggerBankman-Fried is understood to currently be in the Bahamas. In a recently published interview between crypto blogger Tiffany Fong and Bankman-Fried, the former FTX CEO expressed remorse over his handling of FTX and the bankruptcy filing. “You don’t get into the situation we got in if you, like, make all the right decisions,” he said in the recently released Nov. 16 interview.

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Genesis calls in restructuring expert in its fight to avoid bankruptcy

Cryptocurrency lending firm Genesis Global Capital has reportedly hired a restructuring adviser to explore all possible options that include, but aren’t limited to, a potential bankruptcy. It is understood that the firm has hired investment bank Moelis & Company to explore options, while people familiar with the situation have stressed that no financial decisions have been made and that it is still possible for the company to avoid a bankruptcy filing, according to a New York Times report on Nov. 22. Interestingly, Moelis & Company was also one of the firms engaged by Voyager Digital after it suspended withdrawals and deposits on Jul. 1 in order to explore “strategic alternatives.”Days later, Voyager Digital filed for Chapter 11 bankruptcy in the Southern District Court of New York as part of a reorganization plan that would eventually “return value to customers.” However, a Genesis spokesperson recently told Cointelegraph that it had no “imminent” plans to file for bankruptcy after a Nov. 21 report from Bloomberg suggested otherwise. “We have no plans to file bankruptcy imminently. Our goal is to resolve the current situation consensually without the need for any bankruptcy filing. Genesis continues to have constructive conversations with creditors,” said the spokesperson. It is understood that Genesis is seeking somewhere between $500 million to $1 billion from investors to cover a shortfall that ultimately stemmed from “unprecedented market turmoil” and the fall of crypto exchange FTX. According to a Nov. 22 Bloomberg report, the troubled lending firm has $2.8 billion in outstanding loans on its balance sheet, with around 30% of its lending made to “related parties” including its parent company Digital Currency Group along with its affiliate and lending unit, Genesis Global Trading. A recently circulating letter from Digital Currency Group CEO Barry Silbert states that it owes $575 million to Genesis Global Capital, which is due in May 2023. Related: Genesis denies ‘imminent’ plans to file for bankruptcySince FTX’s collapse on Nov. 11, all eyes have turned towards Genesis, Grayscale Investments, and their parent company Digital Currency Group, with concerns the firms could be the next victims of the contagion.All three companies have sought to quell investor fears over the last week.Grayscale Investments reassured investors in a Nov. 17 tweet noting that “the safety and security of the holdings underlying Grayscale digital asset products are unaffected,” referring to the withdrawal halt by Genesis Global Trading adding its products continue to operate as normal. In the wake of recent events, our investors should know that the safety and security of the holdings underlying Grayscale digital asset products are unaffected. — Grayscale (@Grayscale) November 16, 2022Genesis has reiterated that its spot and derivatives trading and custody businesses “remain fully operational” despite the suspension of client withdrawals in its lending business.Genesis’s spot and derivatives trading and custody businesses remain fully operational. We continue to support our clients who rely on us during volatile market conditions to manage their risk and execute on their business strategies.— Genesis (@GenesisTrading) November 16, 2022

Meanwhile, the latest letter to investors from Digital Currency Group CEO Barry Silbert reassured their investors that DCG is on track for $800 million in revenue in 2022.“We have weathered previous crypto winters and while this one may feel more severe, collectively we will come out of it stronger,” he said.

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FTX collapse won't impact everyday use of crypto in Brazil: Transfero CEO

The crumbling of the FTX crypto empire may have damaged Brazilian retail and institutional sentiment toward crypto. However, its impact won’t affect everyday citizens — who will still use crypto for cross-border transactions.Reflecting on the recent fall of FTX, Thiago César, the CEO of fiat on-ramp provider Transfero Group said that the exchange’s fall, like in many countries around the world, has hurt confidence around centralized crypto exchanges and crypto in general. Transfero Group is tied in closely with the Brazilian crypto ecosystem and FTX as it was the fiat on-and-off-ramp provider for the exchange and is also the issuer of Brazilian Stablecoin BRZ, which was listed on the now-defunct exchange. César told Cointelegraph that the collapse of the exchange had removed a “big liquidity source” from the market, as FTX was ranked within the top three in terms of trading volume. He also noted that uncertainty surrounding centralized crypto exchanges caused a “big outflow of funds” from exchanges in Brazil, with many looking into self-custody — estimating at least 20% of trading volume has been lost on exchanges so far. “A lot of people are trying to even liquidate whatever positions they have in crypto and we just hold money in the bank account.”César noted the FTX saga will make crypto investment a “harder sell” for new investors and traders.“For the crypto investor/trader of course. It’s a harder sell now. If you go to a person who is not crypto savvy and you try to convince him to invest, especially in Brazil — the population has always been very skeptical of crypto. Now it’s harder,” he said. However, he notes that for people that use crypto as a means for cross-border payments or the “internationalization of money,” there will unlikely be any impact from the FTX collapse. “A lot of the crypto volume in Brazil derives from players that are willing to exchange their local currency into an internationally liquid asset denominated in dollars. So in that sense, the market will not die down because crypto is just rails for that.” In October, a report from Chainalysis found that remittance payments and battling inflation were two of the most significant drivers of crypto adoption in Latin America.Related: Brazilian SEC seeks to change its role in cryptocurrency regulationCésar said the FTX collapse will likely be used by local exchanges “as a lobbying tool” to push for regulations aimed at bringing international exchanges in line. César added that these crypto exchanges had been pushing for regulation in Brazil that would “segregate” local and international exchanges by taking away international exchange’s access to their global liquidity books. “They were proposing that regulation would enforce for example, that liquidity on the books in Brazilian reais be segregated from international books.”César explained that such regulation would hurt international exchanges as their main advantage comes from liquid, international global books. In a Nov. 18 report from Reuters, Roberto Dagnoni, the executive chairman and CEO of Mercado Bitcoin said crypto laws in Brazil have been “kind of dormant” during the election period but now needed priority.“The rules that currently exist have not been applicable to some players, so they can do whatever you want,” he said.

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Ripple to consider deals for FTX assets: Brad Garlinghouse

Ripple CEO Brad Garlinghouse is reportedly interested in buying certain parts of collapsed crypto exchange FTX.On the sidelines of Ripple’s Swell conference in London — was held on Nov. 16 and 17 — Garlinghouse told The Sunday Times that former FTX CEO Sam Bankman-Fried called him two days before the company filed for bankruptcy as he sought to round up investors to rescue the business.Our 6th annual #RippleSwell is underway! I took the stage this morning with @cnbcKaren to discuss all things Ripple, crypto utility, macroeconomic factors affecting crypto, and much more. A thread… pic.twitter.com/EDHW3nyka8— Brad Garlinghouse (@bgarlinghouse) November 16, 2022The Ripple CEO said that during the call, the two discussed if there were FTX-owned businesses that Ripple “would want to own.” “Part of my conversation was if he needs liquidity, maybe there’s businesses that he has bought or he has that we would want to own […] Would we have bought some of those from him? I definitely think that was on the table,” he said. However, Garlinghouse admits that now that FTX has filed for Chapter 11 bankruptcy in the United States, a potential transaction for an FTX business will be “very different than it would have been one-to-one.”“I’m not saying we won’t look at those things – I’m sure we will. But it’s a harder path to transact,” he added. Approximately 130 companies affiliated with FTX, including FTX.US, were included in the bankruptcy filing in Delaware. Some subsidiaries not included in the proceedings include crypto clearinghouse LedgerX, FTX Digital Markets, FTX Australia Pty, and payments processor FTX Express Pay. Garlinghouse said he would be interested in buying the parts that served business customers. Cointelegraph has reached out to Ripple for additional comment but has not received a response by the time of publication. Related: Sam Bankman-Fried updates investors: ‘We got overconfident and careless,’ claims $13B leverageIt appears that Ripple’s executives, like many in the industry, are following the latest developments of the FTX saga. On Nov. 10, Ripple chief technology officer David Schwartz directed a message on Twitter toward employees of FTX, suggesting that there would be room at Ripple for them, so long as they aren’t involved in compliance, finance or business ethics.” Hey @FTX_Official employees not involved in compliance, finance, or business ethics:@Ripple is always hiring.— David “JoelKatz” Schwartz (@JoelKatz) November 10, 2022

FTX has recently appointed restructuring administration firm Kroll as its agent to track all claims against FTX and ensure interested parties are notified of developments throughout its Chapter 11 bankruptcy case.

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