Crypto lender Celsius Network is still facing the consequences of its tumultuous 2022 long after it declared bankruptcy. New York State Attorney General Letitia James has sued former Celsius CEO Alex Mashinsky for allegedly defrauding investors out of "billions of dollars" in cryptocurrency. The executive purportedly misled customers about Celsius' worsening financial health, and didn't register either as a salesperson or as a commodities and securities dealer.

The Attorney General's office claims Mashinsky falsely boasted of low-risk investments and reliable lending partners while "routinely" exposing investors to high-risk approaches that resulted in losses the company chief hid from customers. He also made untrue statements about safety, strategies and user numbers, according to the lawsuit. Celsius' ex-chief supposedly deceived hundreds of thousands of investors (over 26,000 in the state), some of which James says suffered "financial ruin."

New York hopes to ban Mashinsky from doing business in the state. It also wants him to pay damages and otherwise compensate investors. In a statement to Engadget, Celsius would only reiterate that Mashinsky resigned as CEO in September and is "no longer involved" in managing the firm.

Celsius is one of the more prominent casualties of last year's crypto crash. Its token's value plunged from $7 in 2021 to just $3 last spring. That was particularly damaging to a company that offered loans with little collateral and promised yields as high as 18.6 percent — it didn't have the resources needed to endure the crisis. It tried freezing withdrawals last June to stabilize its assets, but opted for bankruptcy the following month to restructure and otherwise give it a better chance to regroup.

The lawsuit isn't likely to be the end of the fallout. Several states are investigating Celsius' practices, and the Securities and Exchange Commission has been in touch. Celsius isn't alone in dealing with legal repercussions. Just this week, the crypto exchange Coinbase reached a $100 million settlement with New York over alleged financial rule violations. However, it's notable that the state is going after Mashinsky directly, not just the business he once ran.

Tesla delivered 405,278 electric vehicles over the final three months of 2022, the automaker announced on Monday. That number represents a new record for the company, but it also fell short of Wall Street estimates. As recently as December 30th, the consensus among most analysts was that Tesla would deliver about 418,000 vehicles in Q4. A year earlier, the company delivered 308,600 cars during the same period.

According to Tesla, the Model 3 and Model Y made up most of the company's deliveries in the fourth quarter of 2022, with 388,131 of those vehicles making their way to consumers before the end of the year. Comparatively, Tesla's more expensive Model S and Model X cars accounted for a modest 17,147 deliveries over the same time frame. Tesla produced 439,701 vehicles in the fourth quarter, setting another record.

It's fair to say the end of 2022 could have gone better for Tesla. Even before considering how much Elon Musk's takeover of Twitter has hurt the company, Tesla was faced with macroeconomic and logistical challenges threatening to slow growth. As they did earlier in the year, COVID-19 restrictions in China forced Tesla to suspend and reduce production at its Shanghai Gigafactory. Tesla also closed the facility during the last week of December, adding to concerns the company has been dealing with weakening demand in the world's biggest automotive market. In Q4, Tesla also had trouble securing transportation for completed vehicles.

Separately, Elon Musk's handling of Twitter and repeat Tesla stock selloffs saw the value of the company's shares drop dramatically. In December, Tesla's stock fell 33 percent (and 45 percent over the last six months) before rallying in anticipation of the company's fourth-quarter numbers. Tesla will publish its full Q4 results on January 25th and hold its next annual Investor Day presentation on March 1st.

A federal judge has set a date for the first pre-trial hearing between Microsoft and the Federal Trade Commission (FTC). The two go to court on January 3rd to spar over the fate of Microsoft’s $69 billion bid to buy Call of Duty publisher Activision Blizzard. Microsoft and Activision announced the merger at the start of 2022. At the time, the tech giant said it expected the deal to close no later than June 2023. Last month, the FTC sued Microsoft to block the acquisition from moving forward.

“Microsoft has already shown that it can and will withhold content from its gaming rivals,” FTC Director Holly Vedova said at the time. “Today we seek to stop Microsoft from gaining control over a leading independent game studio and using it to harm competition in multiple dynamic and fast-growing gaming markets.”

The FTC is expected to face an uphill battle trying to convince a judge of the merits of its case. For one, Microsoft isn’t pushing for a “horizontal” merger that would see it take one of its direct competitors out of the picture. Additionally, the company has signaled it’s ready to make concessions to rubberstamp the deal. Should the merger move forward, Microsoft has pledged to release future Call of Duty games on competing platforms for at least 10 years. It also said it would bring the franchise to Nintendo consoles.

“The commission cannot meet its burden of showing that the transaction would leave consumers worse off, because the transaction will allow consumers to play Activision’s games on new platforms and access them in new and more affordable ways," Microsoft wrote in a legal filing last month. The deal also faces regulatory scrutiny from the United Kingdom’s Competition and Markets Authority, which recently said it would conduct an “in-depth” investigation of the proposed merger.

Facebook parent company Meta has acquired Luxexcel, a Dutch startup specializing in smart eyewear. News of the purchase was first reported by De Tijd and later confirmed by TechCrunch. “We’re excited that the Luxexcel team has joined Meta, deepening the existing partnership between the two companies,” a Meta spokesperson told the outlet. The company did not disclose the financial terms of the deal.

Founded in 2009, Luxexcel began life as a prescription lens manufacturer. More recently, the company has made a name for itself in the augmented reality space. At the start of 2021, for instance, it partnered with WaveOptics, the display manufacturer Snap paid $500 million later that same year to buy. As TechCrunch points out, there are also rumors Luxexcel previously worked with Meta on the company’s Project Aria AR glasses.

The acquisition comes as Meta faces regulatory scrutiny from the Federal Trade Commission over its purchase of Supernatural developer Within. The agency sued Meta in July to block the deal. The social media giant also faces criticism over just how much it's spending to further its metaverse ambitions. In October, a month before the company laid off 11,000 employees, Meta told investors Reality Labs, its virtual and augmented reality unit, lost more than $9 billion in 2022. It went on to predict the division’s operating losses were likely to “grow significantly year-over-year” in 2023.

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."

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.

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.

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.

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.

Following his arrest in the Bahamas, the US Securities and Exchange Commission (SEC) has charged FTX co-founder Sam Bankman-Fried with "defrauding investors," it announced. It alleges that Bankman-Fried "concealed his diversion of FTX customers' funds to [the] crypto trading firm Alameda Research while raising more than $1.8 million from investors." 

At the same time, the US Attorney's Office or the Southern District of New York and the Commodity Futures Trading Commission (CFTC) also announced charges against Bankman-Fried in parallel actions, according to the SEC. 

"We allege that Sam Bankman-Fried built a house of cards on a foundation of deception while telling investors that it was one of the safest buildings in crypto," said SEC Chair Gary Gensler. "The alleged fraud committed by Mr. Bankman-Fried is a clarion call to crypto platforms that they need to come into compliance with our law."

Developing...

When Lyft first pledged to go fully electric by the end of 2030, the company detailed a plan that involved an “extremely hard” push on incentives for drivers. Now, more than two years later, the company is rolling out a new EV bundle to encourage drivers to switch.

To start, drivers in California can earn an extra $150 every week through the end of 2024 by completing 50 weekly rides with their personal EVs. You can find more information on the EV Ride Challenge over on Lyft’s website, but important details include a December 31st, 2023, deadline to register and a total individual earnings limit of $8,100.

“Because California is currently Lyft’s largest EV market, the company is using it as a testing ground to understand the best ways to help drivers transition,” a Lyft spokesperson told NBC affiliate KXAN. “From there, Lyft can take learnings to other states across the country.”

To that point, the other incentives Lyft announced today are available nationwide. First, there’s a discount for drivers who charge their cars through EVgo. In select markets, Gold and Platinum drivers can get up to 45 percent off the company’s Pay As You Go rates starting this week. To begin taking advantage of the discounts, you’ll need to link your Lyft Rewards and EVgo accounts.

Drivers with Lyft Direct debit cards can get cashback at public charging stations. The amount will depend on the individual’s Lyft Rewards standing, with Platinum members entitled to a 7 percent return, while Gold and Silver drivers get a more modest 3 percent and 2 percent back. Everyone else can get 1 percent back at stations that accept Mastercard. Lastly, Lyft has partnered with Wallbox to offer drivers discounts on at-home Level 2 charging hardware. The company is also working with COIL to secure pre-negotiated rates for installation.

“We know many drivers on Lyft want to switch to EVs, which is why we’re focused on addressing the biggest barriers they face in transitioning: upfront costs and access to charging,” said Paul Augustine, Lyft’s director of sustainability. “These offerings are the latest in many steps we are taking to support drivers in switching to an EV on Lyft,”

On Monday, the company also announced it’s on track to add “thousands” of new EVs to its Express Drive rental program next year. Lyft previously announced it was aiming to only acquire electric vehicles for the program by 2026, and phase out any remaining internal combustion engine cars by 2028.

Before Trump-era sanctions made the company a non-player in the market, Huawei was briefly the world’s largest phone manufacturer, surpassing both Samsung and Apple in shipments. In a sign of how much it has fallen since then, Huawei announced this week it recently entered into a patent cross-licensing agreement with its biggest domestic rival. Oppo, the parent company of OnePlus and subsidiary of one of China’s largest electronics manufacturers, now has global rights to Huawei’s coveted 5G patents.

The companies did not disclose the financial terms of the deal, but we have some idea of the money involved thanks to information Huawei has shared in the past. When the firm announced it was planning to monetize its patent portfolio more aggressively last year, it said it would charge phone makers a “reasonable” $2.50 per device to license its technologies. Huawei also said it expected to generate an additional $1.2 billion to $1.3 billion in revenue between 2019 and 2021 due to the move. When you consider Oppo and Vivo (both owned by China’s BBK Electronics) shipped more than 51 million smartphones last quarter, that’s a lot of money on the line.

At the same time, Oppo is obtaining access to some critical technologies. As of 2021, approximately 18.3 percent of Huawei’s 5G patents fell under the Standard Essential Patent (SEP) category, meaning they were considered critical to the 5G standard. At the time, Huawei had the most in-use 5G-related SEPs of any company in the world.

It will be interesting to see if the agreement draws interest from lawmakers in the US and other parts of the world. For much of the past decade, BBK has managed to stay under the radar of regulators and mainstream media in the way that Huawei and ZTE have not. The company’s segmented brand portfolio makes its footprint seem smaller than it is. In reality, it’s consistently been one of the largest and most important phone makers in the world.

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.