Tag Archives: embezzlement

FTX CEO says company engaged in ‘old-fashioned embezzlement’ under SBF

FTX’s bankruptcy-era CEO, John J. Ray III, appointed to shepherd the collapsed crypto exchange through Chapter 11 reorganization, testified on Tuesday that the company’s founder and former CEO, Sam Bankman-Fried, made multiple misstatements about his companies’ financials.

Ray, who oversaw Enron’s infamous corporate fraud, characterized FTX’s actions as “old fashioned embezzlement.”

“This is just taking money from customers and using it for your own purpose,” Ray said. “Not sophisticated at all,” he said, explaining that what might have been sophisticated about the scheme was hiding it in plain sight.

Ray’s testimony may also have shed light on the theories that underlie the Justice Department’s accusations against Bankman-Fried, who was charged with eight counts of wire fraud, securities fraud, and conspiracy in an indictment unsealed on Tuesday.

The agency’s criminal charges, which allege that Bankman-Fried misappropriated customer funds by allowing the funds to be used by his crypto hedge fund Alameda Research, require it to prove beyond a reasonable doubt that Bankman-Fried knew and intended to lie about the arrangement to customers or lenders.

FTX Group CEO John J. Ray III listens to a question, at a U.S. House Financial Services Committee hearing investigating the collapse of the now-bankrupt crypto exchange FTX after the arrest of FTX founder Sam Bankman-Fried, on Capitol Hill in Washington, U.S. December 13, 2022. REUTERS/Elizabeth Frantz

The FTX chief’s testimony came before the U.S. House of Representatives’ Financial Services Committee, where Bankman-Fried was also scheduled to testify via video conference. However, the public’s opportunity to hear testimony from the embattled founder foreclosed after he was arrested Monday evening by Bahamian authorities.

Bahamian authorities took Bankman-Fried into custody at the request of the U.S. Justice Department on Monday night, based on its indictment originally filed under seal.

In the indictment, the DOJ charged Bankman-Fried with wire fraud and conspiracy to commit wire fraud against FTX customers and lenders, conspiracy to commit commodities fraud and securities fraud, conspiracy to violate money laundering laws, and conspiracy to defraud the U.S. government through violations of campaign finance laws.

In separate civil actions filed Tuesday, the U.S. Securities and Exchange Commission, and the U.S. Commodity and Futures Trading Commission, respectively, alleged Bankman-Fried violated securities laws and the Commodity Exchange Act and the agency’s regulations.

Asked if there’s any way that Bankman-Fried and FTX’s senior managers wouldn’t have known that its entities had commingled customer funds, allowing Alameda unlimited access to FTX customer accounts, Ray III said, “No.”

In an interview at the New York Times’ Dealbook Summit, Bankman-Fried said he didn’t “knowingly commingle [customer] funds.” He added that he “didn’t ever try to commit fraud on anyone,” that he “wasn’t “running Alameda,” and “didn’t know what was going on.”

Ray was also asked about contentions in Bankman-Fried’s leaked prepared hearing remarks which suggested FTX was solvent but for a run on the bank caused when Binance walked away from a planned investment in FTX, and that FTX US remains solvent and capable of paying off all of its customers. Bankman-Fried also tweeted the claim on November 10, the day before the exchange’s bankruptcy filing.

“Given the evidence you’ve gathered, is there any degree of truth to this claim,” Georgia Rep. Barry Loudermilk asked Ray.

“We still have a hole in the U.S., so as we sit here today it is not solvent. That’s just inaccurate. And I’m not sure how he would even know that, quite honestly. We’re hopeful,” Ray said.

“Prior to that episode, is your belief that FTX was solvent?” Ohio Rep. Anthony Gonzalez asked about Binance’s about-face. “No,” Ray replied.

Missouri Rep. Ann Wagner asked Ray if the transfer of FTX funds to Alameda could have been done by mistake, given that Bankman-Fried has publicly apologized for making mistakes in leading his companies.

“I don’t find any such statements to be credible,” Ray III said.

Rep. Wagner went on to say that FTX’s international trading platform, FTX.com, held itself out as having a sophisticated risk management system commensurate with the size of his operations.

“I can say that it’s absolutely false. There was no sophistication whatsoever,” Ray III said. “There was an absence of any management.”

Alexis Keenan is a legal reporter for Yahoo Finance. Follow Alexis on Twitter @alexiskweed.

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Argentine Court Sentences Vice President Cristina Kirchner to Six Years in Prison

BUENOS AIRES—A federal court on Tuesday convicted Vice President

Cristina Kirchner

of fraud charges and sentenced her to six years in prison for embezzling money through public-construction contracts, a blow for a leftist government grappling with soaring inflation and one of the worst economic crises in two decades.

A three-judge panel said Mrs. Kirchner, along with several other former aides, would be permanently banned from holding public office, capping a long-running graft case against Argentina’s most prominent and polarizing politician. Mrs. Kirchner served as president for two terms from 2007 to 2015 before becoming the first vice president in the country to be tried and convicted on graft charges while in office.

Mrs. Kirchner, a driving force in the populist Kirchnerismo movement for two decades, denied the accusations, saying she is the victim of political persecution. She is expected to appeal the judgment, a process that Argentine legal experts say could drag on for years and hamper prosecutors’ efforts to ban her from holding office.

She might also never serve jail time because she enjoys immunity from prosecution. In addition, Argentine law prohibits prison time for people over 70 years old. Mrs. Kirchner turns 70 in February.

“This sentencing, my compatriots, is not one based on the laws of the constitution,” Mrs. Kirchner said in a video address just after the court’s decision. “This is a parallel state, a judicial mafia.”

Though Mrs. Kirchner had in the past left open another possible run for the presidency, she said on Tuesday following the sentence: “I will not be a candidate.”

“I won’t be a candidate for anything, not president, not senator,” said Mrs. Kirchner, who has also been a senator since 2019 and is considered the most dominant leader of her left-leaning political movement. “My name will not be on any ballot.”

The court also found eight others guilty of defrauding the state, sentencing them from three to six years in prison while acquitting four others. The case centered on the granting of public contracts to a construction mogul, Lázaro Báez, who was close to the Kirchner family.

As a powerful figure in President Alberto Fernández’s political coalition, Mrs. Kirchner’s legal troubles are likely to weigh on an unpopular government facing what economists call a challenging economic environment.

Mr. Fernández and his economy minister, Sergio Massa, agreed to austerity measures and cutting energy subsidies earlier this year as part of a deal with the International Monetary Fund to refinance $44 billion in debt to avoid a default. Mrs. Kirchner has opposed efforts to reduce the budget deficit, clashing with the president, while backing the printing of pesos to fund generous social programs.

An opposer of Argentine Vice President Cristina Kirchner is seen in Buenos Aires last month.



Photo:

Luis Robayo/Agence France-Presse/Getty Images

Argentina’s poverty rate has risen, jumping from 28% in 2017 to 43% this year, according to a study by the Catholic University of Argentina. Annual inflation hit 88% in October, the government statistics agency said, tops in the Group of 20 and the highest pace of consumer price increases since Argentina faced hyperinflation in the early 1990s. And economists expect inflation to hit 100% by year’s end. The peso, meanwhile, has weakened sharply against the dollar this year, raising concerns about a painful devaluation amid low reserves at the Central Bank.

Mrs. Kirchner and her supporters say the investigation has generated animosity against her, leading to a purportedly failed assassination attempt in September after prosecutors formalized charges against her.

In a puzzling incident, a man thrust a gun in Mrs. Kirchner’s face as she greeted supporters outside her apartment and pulled the trigger. The weapon didn’t discharge, and the vice president was unharmed. A Brazilian man residing in Argentina was arrested immediately after the attack. Authorities haven’t disclosed a motive.

The criminal case against Mrs. Kirchner stems from her time as president, when the government granted highway building contracts to the construction magnate, Mr. Báez, in the southeastern province of Santa Cruz, a stronghold of Kirchnerismo.

Argentine antigraft prosecutors had sought 12 years in prison and a public-office ban, alleging that Mrs. Kirchner used her position to conspire with aides and Mr. Báez to receive kickbacks for fraudulent contracts for projects, some of which were never completed. The alleged conspiracy cost the government nearly $1 billion, prosecutors said.

While the court found Mrs. Kirchner guilty of defrauding the state, it didn’t find her guilty of leading a criminal conspiracy.

Mr. Báez, who is already serving a 12-year sentence on money-laundering charges, had in the past denied the allegations, showing off schools and other projects that he said demonstrated that the contracts issued to him were legitimate.

Mrs. Kirchner’s conviction is likely to further erode support for Mr. Fernández’s government, which has an approval rating of about 18%, according to Mariel Fornoni, director of Management and Fit, an Argentine political consultancy. In public-opinion surveys, corruption is topped only by inflation as citizens’ primary concern, said Ms. Fornoni.

In recent months, Mrs. Kirchner had criticized some of the Fernández administration’s efforts to reduce subsidies on gas and other utilities. Her comments, Ms. Fornoni said, had heightened speculation she would seek public office in elections next year, when Mr. Fernández’s term ends.

Mrs. Kirchner “has high levels of rejection” in polls, Ms. Fornoni said. But she said that the vice president also has had a base of strong supporters hovering at 25%, which until her announcement on Tuesday made her the leading figure in the ruling Peronist Party.

“It’s going to be hard to find anyone else to generate confidence in Argentina,” Ms. Fornoni said.

Mrs. Kirchner and her husband, Néstor Kirchner, president from 2003 to 2007, presided over the country during a tide of left-leaning governments across Latin America that used revenue from high commodity prices to ramp up public spending and forged alliances to counter the U.S. influence in the region.

With leftist governments again emerging in countries around the region, Mrs. Kirchner had a new bevy of allies, some of whom had criticized the investigation in Argentina.

In August, the presidents of México, Colombia and Bolivia joined Argentina in signing a joint statement calling the case against Mrs. Kirchner political persecution. “They’re trying to bury the ideals and values that she represents with the final objective to implant a neoliberal model,” the statement said.

In her comments after Tuesday’s verdict, Mrs. Kirchner cast the conviction as a ruling against the populist system she had furthered in Argentina. “They’re condemning me because they’re condemning a model of economic development and recognition of people’s rights,” she said.

Write to Kejal Vyas at kejal.vyas@wsj.com

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Erika Jayne slammed for boarding private jet amid embezzlement lawsuit

The Real Housewives of Beverly Hills” star Erika Jayne was spotted boarding a private jet just days after a judge ordered her to turn over her financial records as her and estranged husband Tom Girardi’s massive wealth is being investigated.

On Thursday, the “XXXpen$ive” singer, 49, was all smiles while carrying luggage to a private aircraft before jetting out of town. She was assisted by an unknown male who was spotted rolling a suitcase on the tarmac.

Pics show the reality star, who is known for flaunting designer garb and wearing high heels, was photographed in a more casual getup for the departure. Jayne donned a puffy light pink jacket over a hot pink shirt paired with white form-fitting pants and black-and-white sneakers.

On Monday, a judge overseeing Tom Girardi’s law firm Girardi Keese’s Chapter 7 bankruptcy case ordered Jayne’s divorce lawyer Larry Ginsburg, landlord Benjamin Khakshour and accountant Michael Ullmanto to turn over her financial records to a bankruptcy trustee as part of the ongoing investigation into assets she shares with her husband Tom, who she is currently divorcing.

ERIKA JAYNE ORDERED TO TURN OVER FINANCIAL RECORDS AMID INVESTIGATION INTO ASSETS

Erika Jayne was spotted boarding a private jet despite her mounting legal and financial troubles.
(MEGA)

Erika’s team will have to submit “key documents” such as bank statements, money orders, checks, and any emails and/or texts regarding her finances. The order comes just days after the reality star was accused in court filings of refusing to turn over her bank records. 

“At every turn, Erika has used the glam to continue to aid and abet [these] sham transactions that have been occurring with respect to large transfers of assets from [Girardi Keese] to Erika,” the documents, filed by attorney Ronald N. Richards, alleged. “Moreover, the Trustee has received zero cooperation from Erika which is constant with someone hiding assets.”

“Erika has refused to provide access to her management company, her CPA which also houses her management company, any books and records of EJ Global or any of her affiliated companies,” the documents further alleged.

“As each day goes by, Erika has been publicly dissipating community assets by selling her clothes on public websites, flaunting large jewels on social media and on television, and has done nothing to assist in return structured firm payments being made to her instead of the firm by the California lottery, notwithstanding she was contacted through counsel over twelve days ago.”

ERIKA JAYNE ACCUSED OF HIDING ASSETS IN BANKRUPTCY LAWSUIT AGAINST ESTRANGED HUSBAND TOM GIRARDI

The ‘Real Housewives of Beverly Hills’ star has been ordered to turn over her financial records.
(MEGA)

Meanwhile, the estranged couple and Girardi Keese were accused in a federal lawsuit embezzling millions of dollars intended for airplane crash victims’ families to fund their rich and famous lifestyle. For this reason, fans ripped the TV housewife for her “shameless” decision to board a private jet.

“So taking a private jet, creating new companies to hide and move money is the way you are playing this. No glam squad in prison sweetie, might want to ask Teresa what Fed prison is like,” one person tweeted Saturday.

“You got some nerve going off to god knows where on a private jet lady when you have all this mess at home!! Your Wicked!!!” another wrote.

Other eagle-eyed fans claimed the reality star was wearing a nearly $200,000 Cartier ring in the photos.

ERIKA JAYNE ADDRESSES SCOOTER BRAUN AFFAIR RUMORS AMID TOM GIRARDI DIVORCE

The Broadway performer was previously accused of refusing to turn over her bank records in court documents.
(MEGA)

“Weak is wanting a 100k useless ring over helping a burn victim who was conned by your husband and orphans and widows begging to get the money that belongs to them while you jet on a private jet,” one disgruntled Twitter user added.

In the embezzlement lawsuit filed last December obtained by Fox News, attorneys for plaintiff Edelson PC, a law firm based in Illinois that represents corporate clients, accused Jayne and Girardi of incessantly bragging about their wealth, including their use of private jets and Erika’s and Tom’s lavish gifts to one another, such as a $5,000 toilet and the reality TV star’s $250,000 Lamborghini.

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Meanwhile, Jayne has been quite vocal about her marriage to Girardi as well as his wealth on “RHOBH.”

“Based on Tom’s two previous divorces he’s a fighting mother f–ker ’til the end. If I got a Bentley out of this divorce, I’d be thrilled,” she said during a confessional on Season 11 of the Bravo series.

Jayne also once referred to Girardi as “mean and overly dismissive.”

“I saw it for 22 years.  It’s not like he’s going to say ‘Oh great do you want the sofa?” she reportedly said on the show.

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She also once ripped her husband for failing to see her take on her debut role of Roxie Hart in “Chicago” on Broadway.

Erika filed for divorce from Tom, a high-profile attorney in California, in November 2020.



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