FTX, America's Worst Financial Fraud... Will the '1 Million Class Action Lawsuit' Proceed?
[Asia Economy Reporter Yujin Cho] The FTX bankruptcy crisis that shook the cryptocurrency market is expected to escalate into a class-action lawsuit involving up to one million plaintiffs.
According to major foreign media on the 27th (local time), FTX customers filed a class-action lawsuit against the company and former CEO Sam Bankman-Fried and other former executives, asserting priority claims over other creditors.
In the class-action complaint submitted to the U.S. Federal District Bankruptcy Court in Wilmington, Delaware, FTX customers claimed that although the company promised to segregate and operate customer accounts separately, it failed to keep this promise and embezzled funds. Therefore, the customers argued that they have the right to be repaid before other creditors.
The plaintiffs demand that assets traced to FTX affiliates such as Alameda, which can be confirmed as customer assets, be recognized as belonging to the customers. If the presiding judge approves the case as a class-action lawsuit, the group of FTX customers forming the plaintiff class is expected to exceed one million.
FTX is already involved in ongoing debt disputes with bankruptcy trustees conducting liquidation processes in the Bahamas and Antigua and Barbuda, as well as with the bankruptcy estate of cryptocurrency lending firm BlockFi.
Founded in 2019, FTX rapidly rose amid the cryptocurrency boom, growing into the world's third-largest cryptocurrency exchange with a corporate value once reaching $8 billion. However, after it was revealed that the company inflated assets and misappropriated customer funds, it filed for bankruptcy last month.
Sam Bankman-Fried, the founder and former CEO of FTX, was indicted by a U.S. federal grand jury on eight charges including fraud, money laundering, and illegal campaign contributions. The U.S. Department of Justice, federal prosecutors, and the FBI released the indictment on the 13th.
Separately, the U.S. Department of Justice has launched an investigation to locate $372 million that disappeared from FTX just before the bankruptcy protection filing, according to Bloomberg and other sources.
Bankman-Fried admitted to risk management failures in media interviews but claimed he does not believe he is criminally liable. If all eight charges are proven, he could face up to 115 years in prison.
He was arrested in the Bahamas, where FTX is headquartered, on the 12th, extradited to the U.S. on the 21st, and released on bail the following day. He is currently under house arrest at his parents' home in Palo Alto, California, preparing for trial.
The bail was set at a record-high $250 million before the trial, but Bankman-Fried was released after offering his parents' home as collateral for the bail.
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According to Bloomberg, bail amounts are set symbolically to reflect the severity of the defendant’s felony charges, and in practice, bail is granted if assets amounting to about 10% of the stated amount are provided as collateral.
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