Fortress Trust hit by "security incident", bailed out by Ripple

Fortress Trust is a crypto custody and blockchain infrastructure company, founded by Scott Purcell. Purcell is also known for founding Prime Trust, which later lost over $75 million in customer funds, squandered another $8 million gambling on Terra/Luna just before its collapse, and then filed for bankruptcy in August 2023. Purcell is also embroiled in a lawsuit from former company Banq, now also bankrupt, which alleges he stole trade secrets and other valuable material to start Fortress.

On September 7, Fortress Trust disclosed that several customers had been "impacted by a third-party vendor" compromise. On September 8, Fortress Trust announced they had been acquired by Ripple. On September 11, The Block reported that Ripple had covered undisclosed losses to customers as a part of the acquisition deal. The losses were later disclosed to be around $15 million, and the third-party vendor was said to be a company called Retool, who blamed the compromise on a social engineering attack against one of their employees.

Prime Trust files for bankruptcy

After the Nevada Financial Institutions Division issued a cease and desist describing Prime Trust as insolvent in June, then successfully requested the company be placed into receivership days later, it's no huge surprise that Prime Trust has filed for bankruptcy.

Prime Trust is a crypto custodian that previously served companies including Binance US, Swan Bitcoin, and BitGo. Just a year ago, the company announced they had raised $100 million in a Series B funding round, and planned to add crypto retirement accounts to its list of products. It's probably a good thing that didn't pan out.

According to bankruptcy documents, Prime Trust has between $50 million and $100 million in assets, but between $100 million and $500 million in liabilities. They report having between 25,000 and 50,000 creditors.

Prime Trust placed into receivership

Nevada's Financial Institutions Division and the Prime Trust crypto custodian requested that Prime Trust be placed into receivership, according to the NFID. A week earlier, the NFID had issued a cease and desist, ordering Prime Trust to halt operations and alleging that the company was insolvent.

In the filing, NFID alleges that Prime Trust discovered in December 2021 that it couldn't access some customer wallets, and so "purchased additional digital currency using customer money from its omnibus customer accounts" in order to satisfy withdrawals from said wallets.

Prime Trust reportedly has liabilities of around $82.8 million in fiat currency, plus another $860,000 of digital asset-denominated liabilities. "[Prime Trust] is in an unsafe financial condition and/or is insolvent. Additionally, [Prime Trust's] condition will only progressively worsen as customers continue to withdraw," wrote the regulator.

Prime Trust is insolvent

The Nevada Financial Institutions Division issued a cease and desist to the Prime Trust crypto custodian. Earlier in the month, the apparently embattled Prime Trust signed a non-binding letter of intent of acquisition with BitGo, but BitGo announced the deal was off on June 22. The same day, Stably announced that they had received a letter from Prime Trust announcing that deposits and withdrawals would be halted, which attributed the move to an order from the NFID.

Now, the cease and desist, filed June 21, has become public. It alleges that "the overall financial condition of [Prime Trust] has considerably deteriorated to a critically deficient level" and that "On or about June 21, 2023, Respondent was unable to honor customer withdrawals due to a shortfall of customer funds". The NFID alleged that Prime Trust "has materially and willfully breached its fiduciary duties to its customers by failing to safeguard assets under its custody and is unable to meet all customer disbursement requests."

Prime Trust had been a partner of the TrueUSD stablecoin, which halted minting on June 10 for undisclosed reasons.

Banq goes banqrupt

Banq, a subsidiary of the Prime Trust crypto custodian, has filed for bankruptcy. Banq is a "crypto-friendly" payment processor based in Nevada, though according to the bankruptcy documents, former CEO Scott Purcell decided to try to pivot the company away from payments and into NFTs without approval from the board of directors. Banq's parent company, Prime Trust, has also been the subject of insolvency rumors recently.

In the bankruptcy filings, Banq alleges that $17.5 million in assets were stolen by former officers, described in the listing as "computers, trade secrets, proprietary information and technology, business records, etc." The transfer allegedly was made to Fortress NFT Group, a rival company founded by the former CEO, CTO, and CPO. A lawsuit from Banq filed against Fortress and the executives in May 2022 alleges that the executives "stole not only Banq's technology, but also significant other value of Banq's, and used the purloined property to launch Defendants Fortress NFT and Planet NFT using Banq's assets, employees, trade secrets and proprietary technology, claiming all of it to be their own." They also claim that the defendants deleted files and engaged in other fraudulent activity to try to cover up the theft.

Minting of TrueUSD stablecoin through Prime Trust halted; TUSD deviates from peg

On June 10, TrueUSD announced on Twitter: "TUSD mints via Prime Trust are paused for further notification." They offered no further explanation. TUSD is the fifth largest stablecoin by market capitalization.

The decision may have been related to insolvency rumors surrounding Prime Trust, a US-based fintech company. On June 8, BitGo announced a non-binding letter of intent to acquire Prime Trust.

After the announcement, the TUSD stablecoin dipped as low as $0.9951. This is a seemingly small deviation from the $1 peg, but in the stablecoin world, such small variances can be serious.

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