Cointime

Download App
iOS & Android

Vulture Funds Are Already Coveting the Carcass of FTX by Taking Advantage of the Disarray of Customers

  Illustration bySylvain Saurel


Sam Bankman-Fried, the founder of FTX, is presented by the American press as the biggest swindler since Bernard Madoff. The clients of the latter have recovered 88% of their money, but they had to wait 14 years after the arrest of the financier, according to the latest release of the Madoff Recovery Fund.

In 2020, the U.S. courts ruled those bona fide investors who invested in Madoff without knowing the fraudulent nature of his Ponzi scheme should still return the profits they received.

This money would contribute to the resources used to compensate the many victims of the swindler.

Is such a decision feasible for FTX, SBF’s fallen empire, and its one million victims? Some clients were able to withdraw their money before the bankruptcy. This is particularly true for residents of the Bahamas, where FTX was registered. This was revealed by Sam Bankman-Fried.

Some lawyers may challenge this preferential treatment.

The court will have to determine whether other investors and employees got their money back by benefiting from confidential information about FTX’s catastrophic financial situation. More generally, the court could decide that customers who withdrew their money during a given period before the bankruptcy must return it to increase the overall compensation package.

The international nature of FTX’s customer base will not make this task any easier. Almost half of them were registered in tax havens (Bahamas, US Virgin Islands, Bermuda, Jersey…). Money laundering or tax evasion, all or part of this money was perhaps not declared to the authorities of their countries.

Vulture funds

Sniffing out good deals, specialized firms and funds offer customers whose money and cryptos are blocked on FTX to recover a small fraction. According to Bloomberg, they can then expect to receive just 5% to 8% of their value. But they have to draw a final line on the rest of their money: they irrevocably give up their claims and rights to future repayments.

To get more back, they must engage in a lengthy legal battle.

According to data from Cherokee Acquisition, a platform that connects buyers and sellers of receivables on FTX, the repurchase price has fallen to a low of 6% and is now stabilizing at 12%. Those who want their money back must therefore accept a discount of 88% in addition to the platform’s fees. Such a haircut illustrates the very high uncertainty about FTX’s assets that can be used to repay the one million companies and investors affected by the scandal.

Creditors of other bankrupt crypto companies, Celsius and Voyager Digital Holdings, have a higher recovery rate and can recover 17.5% and 38% of their money, respectively.

FTX’s former customers will have to get lawyers. The process will be even more expensive because it involves an unregulated platform. A month before FTX’s bankruptcy, the Bahamas had been added to the European Union’s blacklist of tax havens. European retail investors who took the risk of opening an account there may be in for a surprise.

Advice from Madoff’s lawyer

Unlike desperate individuals, trading firms and hedge funds whose money is tied up at FTX will not give up their money so easily and so quickly. Funds (hedge funds, crypto companies, firms specialized in bankruptcy…) will take over from the injured clients who have been rebuffed by a long battle involving several bankruptcy regimes (Bahamas, Delaware…).

The lawyers of these firms will try to recover as much money as possible.

John Ray, the liquidator of FTX, has been immersed for almost two months in the financial meanderings of the group to draw up the most exhaustive inventory possible. The real estate assets of SBF and FTX employees should be seized and then resold to recover the cash.

At the beginning of December 2022, Ira Sorkin, Bernard Madoff’s former lawyer, gave Sam Bankman-Fried, then on a promotional tour in the media, some advice. “Shut up! You’re not going to have any influence on the general public. The only people who are going to peel back everything you said are the regulators and the prosecutors.”

Advice SBF would have been better off listening to …

Comments

All Comments

Recommended for you

  • U.S. Congressman Mike Flood: Looking forward to working with the next SEC Chairman to revoke the anti-crypto banking policy SAB 121

     US House of Representatives will investigate Representative Mike Flood's recent statement: "Despite widespread opposition, SAB 121 is still operating as a regulation, even though it has never gone through the normal Administrative Procedure Act process." Flood said, "I look forward to working with the next SEC chairman to revoke SAB 121. Whether Chairman Gary Gensler resigns on his own or President Trump fulfills his promise to dismiss Gensler, the new government has an excellent opportunity to usher in a new era after Gensler's departure." He added, "It's not surprising that Gensler opposed the digital asset regulatory framework passed by the House on a bipartisan basis earlier this year. 71 Democrats and House Republicans passed this common-sense framework together. Although the Democratic-led Senate rejected it, it represented a breakthrough moment for cryptocurrency and may provide information for the work of the unified Republican government when the next Congress begins in January next year."

  • Indian billionaire Adani summoned by US SEC to explain position on bribery case

    Indian billionaire Gautam Adani and his nephew, Sahil Adani, have been subpoenaed by the US Securities and Exchange Commission (SEC) to explain allegations of paying over $250 million in bribes to win solar power contracts. According to the Press Trust of India (PTI), the subpoena has been delivered to the Adani family's residence in Ahmedabad, a city in western India, and they have been given 21 days to respond. The notice, issued on November 21 by the Eastern District Court of New York, states that if the Adani family fails to respond on time, a default judgment will be made against them.

  • U.S. Congressman: SEC Commissioner Hester Peirce may become the new acting chairman of the SEC

    US Congressman French Hill revealed at the North American Blockchain Summit (NABS) that Republican SEC Commissioner Hester Peirce is "likely" to become the new acting chair of the US Securities and Exchange Commission (SEC). He noted that current chair Gary Gensler will step down on January 20, 2025, and the Republican Party will take over the SEC, with Peirce expected to succeed him.

  • Tether spokesperson: The relationship with Cantor is purely business, and the claim that Lutnick influenced regulatory actions is pure nonsense

     a spokesperson for Tether stated: "The relationship between Tether and Cantor Fitzgerald is purely a business relationship based on managing reserves. Claims that Howard Lutnick's joining the transition team in some way implies an influence on regulatory actions are baseless."

  • Bitwise CEO warns that ETHW is not suitable for all investors and has high risks and high volatility

    Hunter Horsley, CEO of Bitwise, posted on X platform that he was happy to see capital inflows into Bitwise's Ethereum exchange-traded fund ETHW, iShares, and Fidelity this Friday. He reminded that ETHW is not a registered investment company under the U.S. Investment Company Act of 1940 and therefore is not protected by the law. ETHW is not suitable for all investors due to its high risk and volatility.

  • Musk said he liked the "WOULD" meme, and the related tokens rose 400 times in a short period of time

    Musk posted a picture on his social media platform saying he likes the "WOULD" meme. As a result, the meme coin with the same name briefly surged. According to GMGN data, the meme coin with the same name created 123 days ago surged over 400 times in a short period of time, with a current market value of 4.5 million US dollars. Reminder to users: Meme coins have no practical use cases, prices are highly volatile, and investment should be cautious.

  • Victory Securities: Funding Rates halved and fell, Bitcoin's short-term direction is not one-sided

    Zhou Lele, the Vice Chief Operating Officer of Victory Securities, analyzed that the macro and high-level negative impact risks in the cryptocurrency market have passed. The risks are now more focused on expected realization, such as the American entrepreneur Musk and the American "Efficiency Department" (DOGE) led by Ramaswamy. After media reports, the increase in Dogecoin ($DOGE) was only 5.7%, while Dogecoin rose by 83% in the week when the US election results were announced. Last week, the net inflow of off-exchange Bitcoin ETF was US$1.67 billion, and the holdings of exchange contracts and CME contracts remained high, but the funding rates halved and fell back, indicating that the direction of Bitcoin in the short term is not one-sided, and bears are also accumulating strength.

  • ECB board member Villeroy: Falling inflation allows ECB to cut interest rates

     ECB board member Villeroy de Galhau said in an interview that the decline in inflation allows the ECB to lower interest rates. In addition, the slow pace of price increases compared to average wages is also a factor in the rate cut. Villeroy de Galhau emphasized that the ECB's interest rate policy decision is independent of the Fed. Evidence shows that the ECB began to lower interest rates in early June, while the Fed lowered interest rates three months later. With the decline in inflation, we will be able to continue to lower interest rates. Currently, the market generally expects the ECB to cut interest rates by 25 basis points at the next meeting in December, but weaker data increases the possibility of a 50 basis point cut.

  • State Street warns Bitcoin craze could distract gold investors

    George Milling-Stanley, the head of gold strategy at Dominion Bank, warned that the rise of Bitcoin may mislead investors to overlook the stability of gold. He believes that Bitcoin is more like a return-driven investment, while gold provides long-term stability. He also criticized Bitcoin promoters for misleading the market by using the term "mining," and believes that gold is still a more reliable investment choice.

  • Rich Dad Poor Dad author strongly supports Michael Saylor’s BTC strategy

    Robert Kiyosaki, the author of "Rich Dad Poor Dad," expressed strong support for Bitcoin and Microstrategy CEO Michael Saylor's BTC strategy on X this week. Kiyosaki quoted Saylor's prediction that BTC would reach $13 million and said, "I believe he's right, he's a smart man." He also pointed out that if Saylor's prediction is correct, buying 0.01 BTC at today's price could potentially make investors millionaires in the future and advised to buy in a timely manner.