FTX Targets Founder and Executives in $1B Lawsuit: Questionable Deals and Island Buying Plot
Sam Bankman-Fried and other execs are facing accusations of fraudulent transactions and financial misrepresentation, involving the misuse of customer deposits, misleading of potential investors and an island?
āFraudulent transfers worth over a billion dollars were made for the benefit of Defendants during the period February 2020 to November 2022.ā
Targeted in the suit are key figures in the FTX conglomerate: Bankman-Fried, former chief technology officer Gary Wang, ex-director of engineering Nishad Singh, and Caroline Ellison, former CEO of Alameda Research. The defendants allegedly created fraudulent transfers for personal gain at the expense of FTXsā cusomers:
āThere were no existing limitations on Alamedaās ability to spend FTX exchange customersā cash for its own purposes.ā
Ellison, Wang, and Singh have confessed to fraud and are assisting federal prosecutors, Bankman-Fried denies all charges and awaits trial in October.
Allegations in the suit include inappropriate bonuses and unjust enrichment. Ellison allegedly transferred $22.5 million to Alameda’s payroll, then to a third entity owned by FTX, Salameda Limited, ābefore finally being sent to Ellisonās own personal account on the FTX exchange.ā
Meanwhile, Bankman-Fried faces accusations of backdating a āPayment Agent Agreementā in a suspected attempt to bolster FTX’s initial public offering prospects, but it was a sham and the loan was issued to Alameda Research.
However, āthe same FTX attorney [one year later] prepared another version of the sham agreement that did not reflect any loan to Alameda, which stated that Alameda provided mere āpayment servicesā pursuant to which it would ācomplete payments . . . as directed by FTX from time to time.āā
The news moving money, markets, and the world—before your day starts.
Daily. Free. Join 34,000+ readers across crypto, finance, and policy.
Alleged to misguide an external auditor and to prepare the company for a possible initial public offering, the agreement was part of a scheme where Alameda would not transfer any customer deposits to FTX, contrary to what was promised.
Ellison reportedly admitted the unique privileges that allowed Alameda unlimited access to credit without the necessity for collateral or interest payments. She also accepted that many of these investments were purposely made under Alamedaās name to hide the source and use of the funds.
āEllison also āunderstood that FTX would need to use customer fundsā to make many of its investments […] and admitted that many investments āwere done in the name of Alameda instead of FTX in order to conceal the source and nature of those funds.āā
Bankman-Fried is said to have supplied prospective investors with an Alameda balance sheet that inaccurately portrayed a liability of $8 billion, further obscuring the true financial situation.
It gets weirder.
The lawsuit sheds light on āfrequently misguided and sometimes dystopianā plans within the FTX Foundation. A memo exchange between Gabriel Bankman-Fried ā SBFās brother ā and another executive hinted at a scheme to acquire the island nation of Nauru, aimed at creating a bunker for effective altruism enthusiasts in case of a major population disaster.
āTo develop a āsensible regulation around human genetic enhancement, and build a lab there.ā The memo further noted that āprobably there are other things its useful to do with a sovereign country, too.āā