...and is definitely not an enormous grift that's pouring lighter fluid on our already smoldering planet.
Created by Molly White. Subscribe to her newsletter for weekly recaps.
The SEC also charged that Galois Capital had misled some investors into believing they needed five business days of notice to redeem assets, while other investors were allowed to redeem assets more quickly.
Galois agreed to a settlement with the SEC in which they will pay a $225,000 penalty, which will go to investors who lost money.
Defendants Sam Bankman-Fried, Caroline Ellison, and Gary Wang, as well as the FTX and Alameda Research companies, will be prohibited from commodities trading, including trading bitcoin, ether, USDT, or other assets considered "digital asset commodities" by the CFTC. However, with Bankman-Fried already beginning a 25-year prison sentence, and Ellison and Wang due to be sentenced, this may be low on their list of worries.
According to the regulators, Silvergate "had serious deficiencies" in its anti-money laundering programs, including in its intra-customer crypto transfer product. In particular, the SEC highlighted $9 billion in suspicious transfers among FTX entities that should have been detected by compliance programs. The SEC also alleged that Silvergate misrepresented its financial state during the post-FTX collapse bank run.
In the immediate aftermath of the FTX collapse in November 2022, Yield App CEO Tim Frost had assured customers that "Yield App has no exposure to Alameda or the FTT token, and no signifiant exposure to FTX". However, Yield is now — going on two years after the FTX collapse — claiming to be suing "several hedge funds" that had lost money on FTX.
In his sentencing memo, Salame asked for a sentence of no more than 18 months imprisonment, claiming that "he was duped, as was everyone else, into believing that the companies were legitimate, solvent, and wildly profitable." Judge Kaplan didn't seem to agree, ultimately passing down a sentence greater than the five to seven years requested by prosecutors. He also will pay $6 million in forfeiture, $5 million in restitution, and spend three years on supervised release.
Salame is the first of Bankman-Fried's co-conspirators to be sentenced.
The sentence follows his conviction on all seven felony charges in November 2022 — a decision reached by the jury within hours of beginning their deliberations.
Bankman-Fried intends to appeal the conviction.
Although the indictment does not name FTX, Bloomberg has reported that "victim company-1" named in the court filings was FTX, which was hacked for around $400 million amid the chaos as the company was collapsing.
However, Near later decided it would not honor the redemption, accusing Wintermute of trying to pull off an arbitrage trade with the distressed asset. They also, somewhat curiously, claimed that the funds that were provided to Wintermute by the FTX estate may have been the tied to illegal activities. Aurora also described Wintermute's claims as "unfounded", and accused Wntermute of "tr[ying] to exploit the programme to profit from the purchase of distressed assets from the Alameda estate".
Wintermute has promised to "pursue all legal avenues" against the Near Foundation and Aurora Labs.
Sentencing is scheduled for March 28, 2024, though scheduling could be affected by factors including whether the US decides to continue pursuing an additional five charges also set to be tried in March.
The attacker tried to launder around $131 million of the stolen assets by routing them through services including Railgun and THORSwap. After "consultation with advisors, legal counsel, and law enforcement", THORSwap decided to pause its web interface in hopes of making money laundering more challenging for the attacker — although the thief could still interact with the THORSwap smart contracts directly, if they so chose.
Some criticized THORSwap for apparently caving on its censorship-resistant, decentralized ethos. Others, however, saw the move as understandable given the THORSwap developers reside in the United States, which has recently cracked down on mixing services that facilitate the laundering of illicit funds.
No JavaScript? That's cool too! Check out the Web 1.0 version of the site to see more entries.
