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FTX’s First Day in Court: ‘Personal Fiefdom of Sam Bankman-Fried’
PYMNTS ^ | November 22, 2022 | PYMNTS

Posted on 11/27/2022 8:17:45 AM PST by DoodleBob

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To: All

Questions are being asked
<><> how FTX got federal approval to buy its stake in the Farmington mini bank.
<><>it’s hard to believe regulators would have knowingly allowed the crypto firm to do so.

Is the wigged mad Maxine, FTX campaign funds taker, House banking committee chair.....in on it?

***********************************************
Here’s where it gets interesting. The bank, which had posted net income routinely with small quarterly losses over the years, started cranking out quarterly losses of $22k, $44k, then losses shot up to $558k, $576k, $1,085k, and finally a whopping $2.6MM loss in the most recent quarter. Meanwhile, there are equity injections commingled with the losses.

Pretty hefty losses.
<><>who was borrowing money that created the losses?
<><>were the losses in the bank’s securities trading account??

We demand a full accounting.

Contact Congress

U.S. House of Representatives:
* Telephone: 202-225-3121
* Website: http://www.house.gov/

U.S. Senate:
* Telephone: 202-224-3121
* Website: http://www.senate.gov/


41 posted on 11/27/2022 10:02:09 AM PST by Liz (Vox Populi, Vox Dei (voice of the people is the voice of God))
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To: All

FTX founder Sam Bankman-Fried donated thousands
to House committee members who will investigate him
FOX Business ^ | November 19, 2022 | Timothy Nerozzi
Posted on 11/20/2022, 7:01:35 PM by george76

Nine members of House Financial Services Committee received donations from Bankman-Fried, other FTX employees

...

Members of the House Financial Services Committee have received hundreds of thousands of dollars from Sam Bankman-Fried and others at his now-bankrupt cryptocurrency company FTX.

...

Bankman-Fried was a major contributor to Democratic candidates during the midterm election cycle, funneling most of his donations through a political action committee called Protect Our Future PAC.

...

Bankman-Fried funneled an estimated $262,200 to Republicans throughout the 2021-2022 election cycle, according to FEC records. His contributions to Republicans paled in comparison to the nearly $40 million he contributed to Democratic campaigns but still represented a significant sum

...

When asked whether Democrats who received campaign cash from FTX should give it back, committee chairwoman Rep. Maxine Waters said, “Well, I don’t want to get into that. As a matter of fact, both sides, Democrats and Republicans, have received donations. So thank you.”

...

On Wednesday, Bankman-Fried was hit with a class action lawsuit filed by investors alleging that he and other high-profile celebrities – such as legendary NFL quarterback Tom Brady and NBA star Stephen Curry – violated Florida law and made consumers suffer more than $11 billion in damages.

(Excerpt) Read more at foxbusiness.com ...


42 posted on 11/27/2022 10:20:28 AM PST by Liz (Vox Populi, Vox Dei (voice of the people is the voice of God))
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To: dblshot
And Alameda Research, which is organized in Delaware, is in trouble too.
Case 22-11068-JTD Doc 24 Filed 11/17/22
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re: FTX TRADING LTD., et al.,1 Debtors.
(page) -8-
C. The Alameda Silo
22. The parent company and primary operating company in the Alameda Silo is Alameda Research LLC, which is organized in the State of Delaware. Before the Petition Date (as defined below), the Alameda Silo operated quantitative trading funds specializing in crypto assets. Strategies included arbitrage, market making, yield farming and trading volatility. The Alameda Silo also offered over-the-counter trading services, and made and managed other debt and equity investments. In short, the Alameda Silo was a “crypto hedge fund” with a diversified business trading and speculating in digital assets and related loans and securities for the account of its owners, Messrs. Bankman-Fried (90%) and Wang (10%).
Alameda Had ‘Secret Exemption’ From FTX Liquidation Protocols, New CEO Says
Alameda Research, the trading vehicle at the center of Sam Bankman-Fried’s and FTX’s downfall, had a “secret exemption” from the crypto exchange’s liquidation procedures, according to bankruptcy filings Thursday.
43 posted on 11/27/2022 10:35:59 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: DoodleBob

He needs to go to jail — unless the democrats who received money from him decide they don’t want that made public and implement their own form of justice.


44 posted on 11/27/2022 10:37:20 AM PST by I want the USA back (Our news media isn't worth camel spit. Neither is the democrat party. )
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To: philman_36

Secret deals, sounds like insider trading with political cover to me. And political cover ain’t free. Time may tell my friend.


45 posted on 11/27/2022 10:40:44 AM PST by dblshot
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To: DoodleBob

Has former Enron advisor Paul Krugman been asked to help?

46 posted on 11/27/2022 10:42:42 AM PST by Lonesome in Massachussets (Forsan et haec olim meminisse iuvabit.)
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To: DoodleBob

Crypto, all of it, is a fraudulent money laundering machine… period


47 posted on 11/27/2022 10:43:54 AM PST by HamiltonJay
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To: EEGator

An LLC is not a corporation.


48 posted on 11/27/2022 10:44:10 AM PST by Flash Bazbeaux
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71. One of the most pervasive failures of the FTX.com business in particular is the absence of lasting records of decision-making. Mr. Bankman-Fried often communicated by using applications that were set to auto-delete after a short period of time, and encouraged employees to do the same. Most convenient, don't you think, Watson. /Holmes
49 posted on 11/27/2022 10:44:25 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Flash Bazbeaux; EEGator
An LLC is not a corporation.

Instead of giving info/help you just correct, Flash.

It's a limited liability company, EEGator.
Flash is just nitpicking, though he/she is right.

50 posted on 11/27/2022 10:51:42 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Flash Bazbeaux

You’re correct. It’s even a higher percentage of Fortune 500 companies than LLCs.
I knew all, or near all, CC companies have a PO Box “main office” here in DE.

https://www.sundocumentfilings.com/article/llc-vs-corporation-what-are-differences

https://www.legalzoom.com/articles/incorporating-in-delaware-advantages-and-disadvantages


51 posted on 11/27/2022 10:52:36 AM PST by EEGator
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To: philman_36

Thanks, I posted a couple links after your post to me.


52 posted on 11/27/2022 10:54:48 AM PST by EEGator
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To: DoodleBob

Why, exactly, is SBF (and Ellison) not in jail yet?


53 posted on 11/27/2022 10:56:46 AM PST by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell)
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To: philman_36

Because the post said “for a reason”, but did not bother to give a reason. I figured I’d answer a post that sounds knowing, but fails to demonstrate any actual knowledge, with an argumentative response.

There is more than one reason I can think of off the top of my head. Delaware has the most business-friendly corporate laws. Delaware has the most highly developed corporate law. Meaning that when you read the applicable statutes, and ask yourself “How will this REALLY play out if I’m dragged into court”, or “how can I play the edges on these regulations”, there’s case history on what happened, which not only tells you the answer, but can be cited as precedent.

Also, Delaware has a sophisticated judiciary regarding corporate matters. That does not come directly into play in Bankruptcy court, which is Federal, but one might expect that the BR courts in Delaware are more knowledgeable about such matters than say, the BR court in Wyoming.


54 posted on 11/27/2022 11:01:49 AM PST by Flash Bazbeaux
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To: Lonesome in Massachussets
Paul Krugman:

Has there ever been a bigger, more consistently wrong, overpaid idiot, anywhere?

55 posted on 11/27/2022 11:02:05 AM PST by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell)
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To: EEGator

I’m still pulling on that come-a-long. (inside story)


56 posted on 11/27/2022 11:02:34 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Flash Bazbeaux
Meaning that when you read the applicable statutes, and ask yourself
“How will this REALLY play out if I’m dragged into court”, or
“how can I play the edges on these regulations”...

Somehow, that simply doesn't sound...ethical.
It's like a nasty taste in your mouth from just reading it.

JMO, YMMV

BTW, do you play the lawful or unlawful side on the edges of those regulations?

57 posted on 11/27/2022 11:11:42 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Flash Bazbeaux
Also, Delaware has a sophisticated judiciary regarding corporate matters. That does not come directly into play in Bankruptcy court, which is Federal, but one might expect that the BR courts in Delaware are more knowledgeable about such matters than say, the BR court in Wyoming.

The law is the law. A judge can read the cases you spoke of earlier (case history/precedent) to help in their ruling no matter in which Federal District the case was held.
Why change from NY to DE?
My first thought is judge shopping.

But I'm betting that never came up in your mind.

58 posted on 11/27/2022 11:24:35 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Flash Bazbeaux
Also, a Federal judge does not have to know all of a State's laws because
they are not being prosecuted under State, but rather Federal, jurisprudence.
A US Judge does Federal law.

Presided over by Judge John T. Dorsey of the U.S. Bankruptcy Court for the District of Delaware...

It doesn't matter how "sophisticated" Delaware is judicially.

59 posted on 11/27/2022 11:42:53 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: philman_36

That’s a bit off the topic of why companies incorporate in Delaware, to which I was responding, but the way Federal BR law works is that state law will come into play if and when there is what is called an “adversarial proceeding”.

Our Federal Court system is a bit complicated when it comes to what law the Federal Court will use. In a variety of circumstances, Federal Courts use state law, and are required to use state law, in deciding cases.

When a company declares bankruptcy they list their assets and creditors, and notice goes to all of the creditors. The Creditors have time to make a claim against discharge. If no one makes a claim, all debts are discharged unless they are by law not dischargeable, but most are, so it’s “Game Over”. Up to that point, it’s all federal law. However, there are various grounds by which a creditor can demand a judgment for money owed that will not discharge the debtor. Among these is FRAUD.

If someone brings an adversarial proceeding against BagMan’s gang of clowns (Yah think?) then some other law will come into play, but it will be the Federal BR judge applying it.

Which jurisdiction’s law regard fraud will be used depends on a number of things. By way of example, the parties may have a choice of law clause that the court might honor, or might refuse to honor. Choice of law is DIFFERENT from choice of forum. The forum is now Delaware, and any fraud action will be tried in Delaware, absent a successful motion for change of venue. It would be very unusual to have a first change of venue for the basic bankruptcy and then a motion to move it again for an adversariel proceeding, but the players are are after big stakes.

But assuming everything stays in Delaware, even then that does NOT mean that the Federal BR judge sitting in Delaware hearing the adversarial proceeding will use Delaware law. It could wind up being the laws of Antigua or the Bahamas.


60 posted on 11/27/2022 12:27:48 PM PST by Flash Bazbeaux
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