Posts with «crime & justice» label

FTX founder SBankman-Fried agrees to extradition to the US

When the Bahamas Attorney General's office announced that it had arrested former FTX CEO Sam Bankman-Fried, it noted that the former FTX CEO was likely to be extradited at the request of the United States. Just over a week later, that prediction has come true: Bankman-Fried signed extradition papers on Tuesday afternoon.

According to an unsealed indictment, Bankman-Fried is facing 8 counts of conspiracy to commit wire fraud, commodities fraud, securities fraud, and more. Specifically, the SEC accuses the cryptocurrency founder of "orchestrating a massive, years-long fraud" for "his own personal benefit and to help grow his crypto empire." The Department of Justice has accused him of attempting commodities and securities fraud, conspiring to defraud investors and breaking federal election laws for donating more to political groups than is legally allowed.

Now, Bankman-Fried will be coming home to face those charges — which might actually be easier on him in the short term. When the former CEO was first arrested in the Bahamas, he was denied bail and deemed a flight risk. In the United States, it's possible he could be released on bail.

Bankman-Fried has previously said that he "didn't ever try to commit fraud," and doesn't believe he's criminally liable for the fall of FTX. The New York Times reports that a defense lawyer representing Bankman-Fried in the Bahamas says that he's returning to the US because he "wishes to put the customers right, and that is what has driven his decision."

Ex-Twitter employee sentenced over spying for Saudi Arabia

In a rare case of Twitter drama unrelated to its owner, a former employee convicted of spying for Saudi Arabia received a three-and-a-half-year sentence on Wednesday. Ahmad Abouammo was found guilty in August of taking bribes from an aide to Saudi Crown Prince Mohammed bin Salman. In return, he allegedly supplied sensitive account info that could help track and silence dissidents.

Abouammo, a US resident born in Egypt, received about half of the more than seven years prosecutors sought. The former Twitter media partnership manager said he was only doing his job, but evidence revealed that he received $300,000 and a $20,000 Hublot watch from bin Salman’s aide. A Twitter whistleblower suggested in late August that the scandal reflected a broader practice of lax data security at the company.

Two other men were charged in the scheme. Ali Alzabarah, a Saudi citizen, is another former Twitter employee who prosecutors say acquired personal info for over 6,000 accounts, including that of high-profile dissident (and Jamal Khashoggi ally) Omar Abdulaziz. A third man, Ahmed Almutairi, was also charged but didn't work at Twitter. Instead, he allegedly served as a contact between Twitter staffers and the Saudi government. Of the three, only Abouammo was in the US to face charges.

Here's everything Sam Bankman-Fried is accused of by the US government

On Monday evening, Bahamian authorities arrested FTX founder and former CEO Sam Bankman-Fried at the request of the US government. The following morning, the Securities and Exchange Commission (SEC), Department of Justice (DOJ) and Commodity Futures Trading Commission (CFTC) filed formal civil and criminal charges against Bankman-Fried in "parallel actions." It was a lot to take in all at once, so below Engadget has broken up current charges against SBF by agency, with some additional context provided.

Those indictments likely represent only the start of Bankman-Fried's troubles. In addition to the charges it announced on Tuesday, the SEC said it was investigating Bankman-Fried for other securities violations. The agency also announced that it’s actively examining the actions of other FTX executives and employees. As more charges are unsealed, Engadget will continue to update this article.

Securities and Exchange Commission

The Securities and Exchange Commission accused SBF of defrauding FTX investors and customers of more than $1.9 billion. Starting as early as May 2019 until as recently as this past November, "Bankman-Fried was orchestrating a massive, years-long fraud, diverting billions of dollars of the trading platform's customers funds for his own personal benefit and to help grow his crypto empire," the SEC said.

All the while, Bankman-Fried portrayed himself as a responsible business leader building a safe trading platform with "sophisticated, automated measures to protect customer assets." In reality, the SEC says, "Bankman-Fried orchestrated a fraud to conceal the diversion of customer funds to his privately-held crypto hedge fund, Alameda Research."

Today we charged FTX Trading Ltd CEO and co-founder Samuel Bankman-Fried with orchestrating a scheme to defraud equity investors. Investigations as to other securities law violations and into other entities and persons relating to the alleged misconduct are ongoing.

— U.S. Securities and Exchange Commission (@SECGov) December 13, 2022

Bankman-Fried told investors and customers FTX's sister company was just another platform on the exchange with no special privileges to speak of. "These statements were false and misleading," according to the SEC. Alameda had access to a "virtually unlimited 'line of credit" unknowingly funded by FTX customers. In May 2022, when Alameda's lenders demanded the firm repay loans worth billions of dollars, Bankman-Fried allegedly directed FTX to divert even more money to the hedge fund.

The SEC seeks to bar Bankman-Friend from trading securities in the future. The agency also wants to seize his ill-gotten gains and bar him from acting as an officer or director at another company.

Current FTX CEO John Ray III testified before the House Financial Services Committee on Tuesday — SBF had said he would attend the hearing before his arrest. Ray spoke to some of the allegations detailed by the SEC. "This is really old-fashioned embezzlement," he told the panel. "We've lost $8 billion. I don't trust a single piece of paper in this organization."

Department of Justice

In addition to civil charges, Bankman-Fried faces a criminal indictment from the Justice Department. On Tuesday, prosecutors from the Southern District of New York filed eight charges against the former executive, including multiple counts of wire fraud. The Justice Department alleges SBF conspired with other individuals to defraud investors by sharing misleading information about FTX and Alameda's financial condition. Prosecutors further accused him of attempting to commit commodities and securities fraud. On top of that, Bankman-Fried allegedly broke federal election laws by donating more than is legally allowed and in the names of other people.

Watch today's complete FTX hearing with CEO John Ray re-airing at 8pm ET on C-SPAN or anytime online here: https://t.co/UZeZcu93mcpic.twitter.com/qmLfR1VWiN

— CSPAN (@cspan) December 14, 2022

SBF spoke about his political donations in a recent interview with journalist Tiffany Fong. "I donated to both parties. I donated about the same amount to both parties," he said. "All my Republican donations were dark. The reason was not for regulatory reasons, it's because reporters freak the fuck out if you donate to Republicans."

It's worth emphasizing how serious the criminal charges against Bankman-Fried are. For context, a federal judge recently sentenced Theranos founder and former CEO Elizabeth Holmes to 11 years in prison for defrauding the company's investors and patients. Meanwhile, Ramesh "Sunny" Balwani, the startup's former chief operating officer, was sentenced to nearly 13 years in prison for his role in the scheme. Sam Bankman-Fried stands accused of defrauding investors of almost $2 billion, or about twice what investors lost to Theranos.

Commodity Futures Trading Commission

Rounding out the current charges against Bankman-Fried, the Commodity Futures Trading Commission accused the former executive of using Alameda Research to "surreptitiously" siphon customer funds. "At Bankman-Fried's direction, FTX executives created features in the underlying code for FTX that allowed Alameda to maintain an essentially unlimited line of credit on FTX," the regulator alleges. It adds that Alameda had other "unfair" advantages, including an exemption from the platform's auto-liquidation risk management process.

.@AOC (D-NY) questions new FTX CEO John Ray on timing of Sam Bankman-Fried's arrest by the Bahamian government. pic.twitter.com/2foxUpsitR

— CSPAN (@cspan) December 13, 2022

As early as May 2019, SBF and "at least one" other Alameda executive directed the firm to use FTX customer funds to trade on competing platforms and buy "high-risk" digital assets. Additionally, the CFTC alleges that Bankman-Fried and his cohorts "took hundreds of millions of dollars in poorly-documented 'loans' from Alameda," which they then used to purchase real estate and make political donations.

For his actions, the CFTC is seeking to ban Bankman-Fried from trading derivatives and impose civil penalties against him. It also wants to bar him from acting as a director or officer in the future.

8 charged in $114 million pump-and-dump stock scheme on Discord and Twitter

The US government just clamped down on a prominent online financial fraud. A federal grand jury and the Securities and Exchange Commission have charged eight men with allegedly operating a stock pump-and-dump scheme on Discord and Twitter between January 2020 and April 2022. They reportedly used their social media presences (including a combined 1.5 million Twitter followers) to artificially inflate the value of stocks, only to sell their shares without disclosing their plans. They made a $114 million profit off the campaign, the Justice Department said.

In addition to tweets, the group supposedly used a Discord server (Atlas Trading) to share misinformation about stocks. One participant, Daniel Knight, also co-hosted a podcast that apparently played a role in the fraud. He brought some of the others on his show and falsely portrayed them as experts, according to the SEC.

All eight are facing at least one charge of conspiracy to commit securities fraud. Edward Constantinescu (aka Constantin), Perry "PJ" Matlock, John Rybarczyk, Gary Deel, Stefan Hrvatin, Tom Cooperman and Mitchell Hennessey are facing additional charges that revolve around securities fraud and (in Constantinescu's case) unlawful monetary transactions. The SEC has further charged Knight with aiding and abetting the scheme.

The conspiracy and fraud charges carry a maximum sentence of 25 years in prison for each count, while the transactions charge against Constantinescu carries a 10-year maximum. The SEC charges could add financial penalties, including disgorgement of the ill-gotten profits. 

The nature of the manipulation isn't surprising. The meme stock saga on Reddit showed that online communities can influence share prices in the right circumstances. However, the charges suggest a trend — fraudsters now see social media as a viable way to fool many investors with relatively little effort. Don't be surprised if you see more cases like this going forward.

Former FTX CEO Sam Bankman-Fried arrested in Bahamas

Looks like embattled FTX CEO Sam Bankman-Fried won't be testifying (virtually) before Congress after all. The Bahamas Attorney General's Office announced Monday that Bankman-Fried has been arrested there and is likely to be extradited in short measure back to the US to stand trial. The AG's office noted that his arrest came after, "receipt of formal notification from the United States that it has filed criminal charges against SBF and is likely to request his extradition."  

The news of SBF's arrest should come as little surprise given that last Friday the Department of Justice came out and said that it was building a fraud case against him. Justice Department officials made those statements while meeting with the crypto exchange's bankruptcy team to discuss whether FTX had improperly moved hundreds of millions of dollars just ahead of its declared bankruptcy last November.

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US prosecutors are reportedly investigating FTX founder Sam Bankman-Fried for fraud

US federal prosecutors could be building a fraud case against FTX founder and former CEO Sam Bankman-Fried. Bloomberg reports Justice Department officials met with the crypto exchange’s bankruptcy team this week to discuss documents investigators aim to obtain from the company.

The meeting included prosecutors from the Southern District of New York, Assistant US Attorney Roos, agents from the Federal Bureau of Investigation, and lawyers from FTX. Roos, notably, was involved in the prosecution of Nikola founder Trevor Milton, who was convicted of misleading investors earlier this year. According to Bloomberg, potential charges were not discussed at the meeting that occurred this week.

The Justice Department is “closely” examining whether FTX improperly transferred hundreds of millions of dollars around the time the company declared bankruptcy on November 11th. It’s also probing whether the exchange broke the law when it moved funds to sister company Alameda Research.

In his recent New York Times interview, Bankman-Fried denied knowingly misusing customer funds. “Clearly, I made a lot of mistakes. There are things I would give anything to be able to do over again,” he said. “I did not ever try to commit fraud on anyone.” He will testify before the House Committee on Financial Services next week, a panel that will also include testimony from FTX’s current CEO, John J. Ray III. Ray has accused Bankman-Fried of making “erratic and misleading public statements” about FTX.

Former Theranos COO Sunny Balwani sentenced to 12 years and 11 months in prison

Ramesh “Sunny” Balwani, Theranos’ former chief operating officer, has been sentenced to nearly 13 years in prison. Balwani was found guilty of all charges in a trial earlier this year that charged him with defrauding the blood testing startup’s patients and investors.

Of note, his sentence is slightly longer than the 11-year and three month sentence given to Elizabeth Holmes, the former CEO of Theranos. Ahead of his sentencing, Balwani’s legal team had asked for probation or house arrest, The Wall Street Journal reported. A probation officer had recommended a nine-year sentence, while prosecutors wanted 15 years in prison.

Balwani will also have to pay restitution, though the amount hasn't yet been set. He is due to surrender March 15th.

Unlike Holmes, who was not convicted on seven out of 11 total fraud charges in her trial, Balwani was convicted of defrauding Theranos patients in addition to the company’s wealthy investors. As COO, Balwani oversaw the operations of the company’s troubled laboratory, and prosecutors argued that he had detailed knowledge of problems with its blood tests and the risk they posed to patients.

Though Balwani never rose to the same level of fame as his former partner during his time at Theranos, his relationship with Holmes has played heavily into the intrigue surrounding the company’s downfall. Holmes and Balwani’s relationship featured prominently in The Dropout, a Hulu miniseries about Theranos, and text messages between the two were read aloud in both trials. 

When Holmes took the stand in her own defense, she said Balwani had been abusive, and had misled her about issues in the company’s lab. 

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Judge dismisses indictment against Huawei exec Meng Wanzhou

More than four years after her arrest, the drawn-out legal saga of Huawei Chief Financial Officer Meng Wanzhou came to a formal end this week. On Friday, US District Judge Ann Donnelly dismissed an indictment against Meng, according to Reuters. On behalf of the US, Canadian authorities arrested Meng in 2018 for allegedly violating American sanctions against Iran. Meng, who is also the daughter of Huawei founder and CEO Ren Zhengfei, spent the next three years fighting attempts to extradite her to the US, where she faced up to 30 years in prison for bank and wire fraud charges. Donnelly dismissed the indictment “with prejudice,” meaning the Justice Department can’t bring the same charges against Meng again.

Before entering into an agreement with US prosecutors last year, Meng spent three years under house arrest. The detainment strained relationships between the United States and China and led to an international incident. China apprehended two Canadians, Michael Spavor and Michael Kovrig, within days of Meng’s arrest. They were later released after Meng entered into a deferred prosecution agreement with the Justice Department. As part of the agreement, she acknowledged having made false statements about Huawei’s business in Iran. Meng flew home to China the day Donnelly approved the pact.

Huawei and its subsidiaries are still facing charges in the US. Most notably, the Justice Department recently announced charges against two Chinese spies who had allegedly tried to interfere in a criminal investigation into the company. Earlier this week, the FCC also banned telecom and video surveillance equipment from Huawei, among a handful of other Chinese companies. Meng currently serves as the company's rotating chairperson and deputy chairwoman, as well as CFO. 

Crypto cammer faces 18 months in prison over $22 million SIM attack

A young man is facing time behind bars for his role in a high-profile crypto scam. Bloombergreports a federal judge has sentenced 25-year-old Nicholas Truglia to 18 months in prison for allegedly taking part in a scheme that stole $22 million in cryptocurrency from blockchain adviser Michael Terpin in 2018. The perpetrators are said to have asked Truglia to convert Triggers tokens stolen from Terpin into Bitcoin after breaching the consultant's phone.

Truglia has been described as a member of a larger criminal group that relied heavily on SIM swapping, or transferring victim phone numbers to SIM cards under attackers' control, to rob crypto industry personalities. Terpin accused a New York State teen of leading the group following a private investigation and successfully recouped some of his losses. The teen pointed to Truglia and two other people as accomplices.

Truglia is the only person in the group subject to criminal charges, and is already facing civil penalties near $80 million for his alleged involvement. The relatively light sentence appears to have been influenced by Truglia's autism, which defense attorney Jeffrey Udell claimed made it harder to understand the real-world consequences of the theft.

This is far from the largest crypto heist in recent memory. State-backed hackers and online gangs have been linked to thefts worth hundreds of millions of dollars from the blockchain. The length of the sentence is unlikely to deter others, for that matter. However, the sentencing theoretically sends a message that aiding crypto thieves is still a serious crime.

How Theranos founder Elizabeth Holmes was sentenced to 11 years in prison

More than seven years after the first Wall Street Journal story about problems with Theranos’ blood tests, its founder, Elizabeth Holmes, was sentenced to over a decade in prison for defrauding the company’s investors. She had been found guilty on four counts of fraud during a months-long trial where her lawyers argued that she was an inexperienced entrepreneur who hadn’t intended to mislead anyone.

Holmes’ story is, by now, well known. She founded Theranos as a college dropout, raising hundreds of millions of dollars from high-profile investors and courting former high-ranking government officials for her board. Since then, the rapid rise and downfall of Holmes and Theranos has taken on a life of its own, with major podcasts, books and a recent Hulu miniseries.

But Holmes herself has been almost completely silent. Her trial, where she testified in her own defense, and her sentencing are the only times she has spoken publicly about what went wrong at Theranos and how she feels all these years later. Watch the video above for the full story.