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Securities Commission of The Bahamas

Bahamas Regulator Disputes FTX’s Claim About Value of Seized Cryptocurrencies

Bahamas Regulator Disputes FTX’s Claim About Value of Seized CryptocurrenciesThe Securities Commission of the Bahamas has disputed FTX’s claim that the value of the cryptocurrencies it seized from the bankrupt crypto exchange was not $3.5 billion. The new FTX chief’s “continued lack of diligence when making public statements concerning the Commission is disappointing,” the Bahamian regulator stressed. Bahamas Regulator and FTX Disagree on the […]

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Bahamas regulator denies asking crypto exchange FTX to mint new tokens

Bahamas regulator fights back against being ‘publicly challenged’ by FTX against incorrect calculations of digital assets transferred under its control

The Securities Commission of The Bahamas (SCB) has denied FTX debtors’ claims and expresses concern that the investigation has been ‘impeded.’

According to a statement released on Jan.3, The Securities Commission of The Bahamas (SCB) has had to correct material misstatements made by John J. Ray III, the representative of the United States-based FTX debtors, in press and court filings.

The document stated that the Chapter 11 Debtors had “publicly challenged” the Commissions calculations of digital assets transferred to digital wallets under the Commission's control in Nov. 2022.

It argued that these statements were based on “incomplete” information and the debtors did not do due diligence by requesting information from the Joint Provisional Liquidators.

The statement added that the FTX CEO John J. Ray III made public statements alleging that the Commission instructed FTX to “mint a substantial amount of new tokens” under “oath” during a court filing before the U.S. House of Financial Services Committee.

The Chapter 11 Debtors have also alleged that the digital assets controlled by the Commission in the trust of FTX customers and creditors were “stolen,” without providing any substantiated bases for these claims.

The Commission shared concern that its investigation is being compromised by the Chapter 11 Debtors’ refusal to allow the Court Supervised Joint Provisional Liquidators access to FTX’s AWS System.

The SCB is hoping that the Chapter 11 Debtors will proceed with matters in good faith and in the best interest of customers and creditors of FTX, the announcement reads.

Related: FTX ordered to pay reimbursement fees to Bahamian regulators

The Bahamian securities regulator’s announcement comes after news from court filings in December 2022, where FTX lawyers claimed the Bahamas government reportedly requested that the former CEO of FTX, Sam Bankman-Fried (SBF), issue a new cryptocurrency controlled by local officials.

The initial reports claimed that the Bahamas regulator asked SBF to mint new digital assets worth hundreds of millions of dollars.

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Bahamas Seizes Digital Assets Worth Over $3.5 Billion From Collapsed Crypto Exchange FTX

Bahamas Seizes Digital Assets Worth Over .5 Billion From Collapsed Crypto Exchange FTXThe Securities Commission of the Bahamas has revealed that it seized digital assets worth more than $3.5 billion from the collapsed crypto exchange FTX. The regulator explained that the cryptocurrencies were transferred to its wallets “for safekeeping” and “are being held by the Commission on a temporary basis.” Bahamas Regulator Seizes FTX’s Cryptocurrencies The Securities […]

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FTX under ‘active’ civil and criminal investigation: Bahamas AG

Bahamian Securities Commission, the Prime Minister’s financial intelligence unit, and a financial crimes unit are all involved in the FTX investigation.

The Bahamas Attorney General (AG) and Minister of Legal Affairs Ryan Pinder has confirmed that the collapsed crypto exchange FTX is the focus of an "active and ongoing" investigation by authorities from the Caribbean nation.

In a national statement that was delivered live on the Facebook page of the Office of the Prime Minister on Nov. 27, Pinder explained the "affairs of FTX Digital Markets" are under scrutiny from both "civil and criminal authorities" and Bahamian authorities are working with "a number of specialists and experts and will continue to do so as the need arises."

"The Securities Commission, our financial intelligence unit, and the financial crimes unit of the Royal Bahamas Police Force will continue to investigate the facts and circumstances regarding FTX's insolvency crisis and any potential violations of Bahamian law," he added.

Pinder also revealed the relevant Bahamian authorities would try to hold to account any companies or individuals found to have committed any wrongdoing during the investigation, while they will cooperate with other regulatory agencies and law enforcement bodies around the world.

"These events remind us of the lessons learned from securities and other financial regulation about the need for strong cross-border cooperation. The public worldwide will be best served by a strong international regulatory cooperation," he said.

The Securities Commission of The Bahamas suspended FTX Digital Markets (FDM) license to conduct business and stripped its directors of their power on Nov. 10.

On Nov. 12 they ordered the transfer of all FDM digital assets to a digital wallet owned by the commission for "safekeeping."

Pinder mentioned the country's regulatory authority has taken further protective measures approved by the Supreme Court but declined to elaborate further until "we are confident that doing so will not jeopardize any aspect of the ongoing investigations."

Pinder also took the chance to slam the Nov. 17 emergency motion by FTX Trading Limited, which called out the "Bahamian government" for "directing unauthorized access to the Debtors' systems" after the commencement of Chapter 11 bankruptcy filings in the United States.

He called the allegations "extremely regrettable" for misrepresenting "the timely action taken by the Securities Commission," while also defending all the steps taken by the country's regulator so far.

Related: Alameda Research withdrew $204M ahead of bankruptcy filing: Arkham Intelligence

The Bahamas has encouraged crypto companies to the island country to aid its economy but it’s since been shaken by FTX’s collapse.

It was also hard hit by 2019’s Hurricane Dorian and the COVID-19 pandemic starting in 2020 ground its heavily tourism-based economy to a halt. With FTX gone, so have many jobs in the small nation.

But Pinder outlined his belief that despite the "personal tragedies" associated with the collapse of FTX, he expects "little contagion beyond the digital asset sphere both here in the Bahamas and around the world."

He referenced a Nov. 22 Standard & Poor's ratings for The Bahamas that forecasted a stable outlook citing the tourism sector's performance.

"Standards and poor has projected a stable outlook for our economy resting in part on the assumption that there will be no material adverse impact on the Bahamas from the worldwide collapse of FTX," Pinder said.

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Bahamas Regulator Takes Action to Seize FTX’s Cryptocurrencies to ‘Protect’ Clients and Creditors

Bahamas Regulator Takes Action to Seize FTX’s Cryptocurrencies to ‘Protect’ Clients and CreditorsThe Securities Commission of the Bahamas has ordered crypto exchange FTX to transfer its cryptocurrencies to a wallet controlled by the regulator. The “Urgent interim regulatory action was necessary to protect the interests” of FTX’s clients and creditors, said the regulator. Bahamas Regulator Takes Action to Seize FTX’s Cryptocurrencies for ‘Safekeeping’ The Securities Commission of […]

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Bahamian securities regulator ordered the transfer of FTX’s digital assets

The Bahamian securities regulator clarified it directed FTX to move its digital assets to a wallet owned by the commission on Nov. 12.

The Securities Commission of The Bahamas (SCB) said it had ordered the transfer of all digital assets of FTX Digital Markets (FDM) to a digital wallet owned by the commission on Nov. 12. 

In a Nov. 17 statement, the SCB said it exercised its power as a regulator acting under the authority of a Supreme Court order — moving the assets to a “digital wallet controlled by the Commission, for safekeeping.”

SCB justified last week’s move by stating that “urgent interim regulatory action was necessary to protect the interests of clients and creditors of FDM.”

The latest revelation could shed some light on certain movements of funds detected last week. 

On Nov. 11, the crypto community flagged a number of suspicious transactions in wallets tied to FTX and FTX.US, with analysts reporting around $663 million drained. $477 million were suspected to be stolen while the remainder was believed to have been moved to secure storage by FTX themselves.

The SCB statement however did not make any mention of how much of FDM’s digital assets were moved as a result of their order.

Cointelegraph has reached out to SCB for clarity but has not received a response by the time of publication. 

The commission's order would have been made only two days after the commission froze FDM’s assets on Nov. 10, suspended FTX’s registration in the country, and stripped the FTX directors of their power.

At the time, it also stated that FDM’s assets could only be moved by obtaining the approval of a provisional liquidator appointed by the Supreme Court.

Related: FTX reportedly hacked as officials flag abnormal wallet activity

The FTX bankruptcy drama has continued to unfold over the last week.

On Nov. 15, FDM filed for Chapter 15 bankruptcy protection in a New York-based court in order to seek U.S. recognition of the Bahamian liquidation proceedings.

Brian Simms, the court-appointed provisional liquidator overseeing the bankruptcy proceedings of FTX Digital Markets in the Bahamas argued in the filing that FDM wasn’t authorized to file for Chapter 11 in the United States, and rejected the validity of the filing.

On Nov. 17, an emergency motion by FTX Trading Limited argued that both the Chapter 11 case and all proceedings related to Chapter 15 filings should take place in the Delaware-based U.S. Bankruptcy Court in order to “end the chaos and to ensure that assets can be secured and marshalled in an orderly process.”

The same filing also claimed they have “credible evidence that the Bahamian government is responsible for directing unauthorized access to the Debtors’ systems for the purpose of obtaining digital assets of the Debtors—that took place after the commencement of these cases.”

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Regulator denies asking FTX to prioritize withdrawals for Bahamian clients

The statement from the Securities Commission of The Bahamas refutes a claim from FTX that it has been facilitating withdrawals in accordance with Bahamian regulations.

The Securities Commission of The Bahamas (SCB) has denied instructing or authorizing crypto exchange FTX to prioritize withdrawals of Bahamian clients. 

In a statement on Nov. 12, the securities commission vehemently denied a Nov. 11 statement from FTX on Twitter that suggested it had been instructed by “Bahamian HQ’s regulation and regulators” to facilitate the withdrawal of Bahamian funds.

“The Commission wishes to advise that it has not directed, authorized or suggested to FTX Digital Markets, Ltd. the prioritization of withdrawals for Bahamian clients,” read the statement which was shared on the SCB's Twitter page. 

“The Commission further notes that such transactions may be characterized as voidable preferences under the insolvency regime and consequently result in clawing back funds from Bahamian customers.”

“In any event, the Commission does not condone the preferential treatment of any investor or client of FTX Digital Markets Ltd. or otherwise.”

This is a developing story and more information will be added as it becomes available. 

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