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FTX settles lawsuit against the Bybit exchange for $228 million

The prices of Bitcoin and other digital assets were significantly lower during the 2022 collapse of FTX compared to current market prices.

The FTX bankruptcy estate agreed to a $228 million settlement with the Bybit exchange in an Oct. 24 legal filing, for a lawsuit first filed in 2023 by the FTX estate, seeking to recover funds to repay former customers and creditors.

According to the legal filing, the settlement agreement will allow FTX to withdraw $175 million in digital assets held on Bybit and sell approximately $53 million in BIT tokens to Mirana Corp — an investment division of the Bybit exchange. Attorneys for FTX noted that while their claims have merit, further litigation would prove cumbersome:

The settlement deal must still be approved by a court, and a hearing to ratify the agreement between the two parties is scheduled for November 20, 2024, at 2 PM Eastern time.

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Crypto companies paid $19B in settlements to US regulators in 2024

Since 2019, US regulators have collected a total of $31.92 billion in settlements from 25 crypto companies across various lawsuits. 

United States regulators have received over $19 billion in lawsuit settlements from crypto companies in 2024 so far, representing almost two-thirds of all settlements to date. 

Data in an Oct. 9 report from CoinGecko shows bankrupt crypto exchange FTX and affiliated trading firm Alameda are responsible for most of the funds, with $12.7 billion paid to the Commodity and Futures Trading Commission (CFTC) in an August settlement. 

Across eight settlements in 2024, regulators have netted 78% more than in 2023, which only saw $10.87 billion paid. However, that is an 8,327% uptick in settlement values compared to 2022. 

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FTX alleges former exec used ‘hush money’ to silence whistleblowers

The lawsuit claims the former compliance officer paid whistleblowers to stop them from exposing the “true fraudulent nature” of the exchange.

FTX has filed a lawsuit against a former regulatory and compliance executive at the exchange, alleging he made a series of payments attempting to prevent staff from blowing the whistle about the exchange’s issues.

On June 27, FTX filed a lawsuit against Daniel Friedberg who held multiple roles including chief regulatory officer at FTX, chief compliance officer of FTX US and general counsel at Alameda Research.

FTX claims Friedberg was a "fixer" for the exchange's co-founder Sam Bankman-Fried — whose father urged for Friedberg to be given a major role, as per the complaint:

“Joe Bankman, Bankman-Fried’s father, urged Bankman-Fried and others to give Friedberg a central role and to keep Friedberg ‘in the loop…so we have one person on top of everything.’”

Friedberg allegedly made "hush money" payments to two potential whistleblowers to stop them from leaking information about "regulatory issues" and the alleged close ties between FTX and Alameda.

In one alleged incident, Friedberg retained the attorney of a whistleblower after he paid them “thereby buying or otherwise ensuring their silence,” the suit reads.

In the 40-page filing, FTX unleashed 11 civil charges that, among other claims, alleged Friedberg breached his legal duties and approved a series of fraudulent transfers and "loans" to other former FTX execs.

According to the suit, Friedberg’s 22-month stint at the exchange saw him given a $300,000 salary, a signing bonus of $1.4 million, a separate $3 million cash bonus, an 8% equity in FTX US and crypto “worth tens of millions” — all of which FTX is seeking to claw back.

Some parts of the complaint, especially those pertaining to the amounts the whistleblowers were paid, are redacted.

An example of a redacted section of the suit regarding one of the whistleblowers. Source: Kroll

In one alleged March 2022 incident, Friedberg gave an “extraordinary settlement” to a female FTX US employee named “Whistleblower-1” who worked “for less than two months” at the United States-based exchange on a $200,000 salary.

FTX also alleged he initiated a $12 million deal to retain Whistleblower-1’s attorney after the settlement.

The settlement was in response to a demand letter from Whistleblower-1 claiming “Alameda [was] nothing more than an extension of FTX, used to bolster investor confidence in FTX projects, and in turn drive up the prices of projects FTX had developed or invested in itself,” according to the suit.

FTX redacted the amount paid to Whistleblower-1. Source: Kroll

The former employee also claimed “details regarding company fundraising and various projects were disclosed openly” on Slack which they claimed allowed “all employees present to make trades on the information prior to public announcements.”

Friedberg allegedly contacted the law firm for Whistleblower-1 after the settlement and signed an agreement that saw the firm retained for “more than $200,000 per month for five years,” even though there was “no genuine need” for the services, the suit claimed.

In another alleged instance, Friedberg reportedly fired an attorney working for Alameda dubbed “Whistleblower-2” after they “became concerned about governance and regulatory issues” within the business.

The person worked at Alameda for less than three months, FTX claimed, but they still received a severance package — which was redacted in the filing.

Related: Realtor may have accepted $3M for SBF-linked house in Washington DC

A June 26 report by FTX restructuring chief John Ray alleged an unnamed senior attorney “facilitated and covered up” the comingling of customer funds.

The same day, The Wall Street Journal reported the unnamed attorney was Daniel Friedberg, citing people familiar with the matter.

Friedberg was also named as a person who gave information to investigators with the U.S. Attorney’s office.

Additionally, a class action lawsuit against celebrities who allegedly promoted FTX also said Friedberg provided evidence that potentially rebuts key defenses made by some of the defendants.

Friedberg could not be immediately contacted for comment.

Magazine: $3.4B of Bitcoin in a popcorn tin — The Silk Road hacker’s story

Update (June 28, 4:50 am UTC): This article has been updated with further information from the filing.

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Judge refuses to consolidate class action suits against FTX

U.S. District Judge Jacqueline Scott Corley denied the request to consolidate, saying that the defendants have not had the opportunity to respond.

A federal judge has refused to consolidate a number of proposed class-action lawsuits against the FTX exchange by investors. According to the judge, the exchange and its defendants have not yet been heard on the matter. 

Excerpt from the order denying the motion to consolidate. Source: Law360

On March 8, United States District Judge Jacqueline Scott Corley laid down the order that denied a request from plaintiffs to consolidate a total of five proposed class action lawsuits against the bankrupt crypto exchange. Despite no defendants opposing the motion, the judge pointed out that not all defendants had the opportunity to respond yet. The order wrote: 

“While Plaintiffs state that no Defendant has filed an opposition, they offer no declaration attesting that they have met and conferred with Defendants and that they do not oppose consolidation.”

Plaintiffs including Julie Papadakis, Michael Elliott Jessup, Stephen T. Pierce, Elliott Lam and Russell Hawkins accused the former FTX CEO Sam Bankman-Fried and other executives of misappropriating their assets, filing their cases in the Northern District of California. While all of the plaintiffs are going after Bankman-Fried, the cases also includes various other defendants, including outside auditors and those that promoted the exchange.

Because of this, the judge also pointed out there’s no need to consolidate before hearing out the defendants’ side. “The Court discerns no need to do so now without giving Defendants the opportunity to be heard. And it would be premature to appoint interim class counsel before consolidation,” the order wrote.

Related: DOJ seeks to narrow Sam Bankman-Fried’s bail terms, use only flip phones

Meanwhile, Bankman-Fried’s lawyers have recently signaled that there might be a need to push back the criminal trial scheduled in October. In a letter dated March 8, lawyers representing Bankman-Fried said that while they're not formally requesting a change of date, it may be necessary as they're waiting for a substantial chunk of evidence to be sent over to them. In addition, the lawyers noted that more charges were filed against Bankman-Fried in February.

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Sam Bankman-Fried, FTX, Alameda Were Accused of Conspiracy, Racketeering, and Market Manipulation 3 Years Before FTX Collapsed

Sam Bankman-Fried, FTX, Alameda Were Accused of Conspiracy, Racketeering, and Market Manipulation 3 Years Before FTX CollapsedAmid the latest bankruptcy case filed by FTX Trading Ltd., U.S. regulators want to crack down on crypto exchanges, and a class action lawsuit has been issued against former FTX CEO Sam Bankman-Fried (SBF) and 12 celebrities. However, this is not FTX’s and Alameda Research’s first rodeo with the U.S. court system and financial investigations. […]

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Jack in the Box ends suit against FTX for allegedly stealing its mascot

Jack in the Box and FTX have come to an undisclosed settlement over the mascot related copyright suit, suggesting that the Moon Man’s days may be over in its current form.

Jack in the Box’s lawsuit against FTX US over an alleged mascot-related copyright and trademark infringement has come to an end after the parties reached a settlement.

The duo informed the District Court for the Southern District of California that they had resolved the dispute via a motion to dismiss on Jan. 20, however the specific details of the settlement have not been disclosed.

The popular fast food chain initially filed the suit at the start of November, alleging that the appearance and behavior of FTX US’s “Moon Man” mascot was a rip off of Jack in the Box’s “Jack” mascot that has trademark rights dating back to 1995.

Jack in the Box was initially seeking unspecified damages over allegations related to copyright infringement, trademark dilution, trademark infringement, false designation of origin and unfair competition.

“Rather than spending its vast financial resources to develop its own intellectual property, FTX brazenly and illegally copied or derived its ‘Moon Man’ mascot from JITB’s Jack,” the company alleged in court documents from November.

Cointelegraph reached out to FTX US regarding the details of the settlement, and a representative stated that “the terms of the settlement were not disclosed and there will be no further comment.”

Jack in the Box describes its mascot as “a typical adult human male, with the exception of his large spherical white head, blue dot eyes, nose, and curvy smile,” While FTX US’s mascot depicts a man with a spherical moon head and an open smile.

Separated at birth: Moon Man (left) and Jack (right)

Related: FTX announced as naming rights sponsor of Australian Blockchain Week 2022

FTX’s Moon Man has been featured on TV commercials and at live Major League Baseball games — which the FTX US has a branding partnership with, among others — but depending on the terms of the settlement, his days could be over, or he may look different in future.

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Jack in the Box Sues Crypto Exchange FTX for ‘Brazenly and Illegally’ Copying Mascot

Jack in the Box Sues Crypto Exchange FTX for ‘Brazenly and Illegally’ Copying MascotRestaurant chain Jack in the Box has sued cryptocurrency exchange FTX alleging that the crypto company “brazenly and illegally copied or derived its ‘Moon Man’ mascot” from its own mascot. The lawsuit details that FTX’s refusal to stop using Moon Man has caused Jack in the Box “considerable economic damage and irreparable harm, including by […]

Massive $83,000,000,000 Pile of Gold Discovered in China – Here’s How Much It Will Increase Supply