Tag Archives: Securities and Exchange Commission (USA)

‘Bedazzled by money’: Democratic ties to Sam Bankman-Fried under scrutiny after FTX collapse

Sam Bankman-Fried’s fall from grace has dealt an unprecedented blow to the crypto industry’s reputation — and some of this infamy may rub off on politicians who took his money, as well as on former regulators and Capitol Hill staffers who took well-paying jobs representing digital-asset companies before Congress.

Bankman-Fried, founder and CEO of the crumbling cryptocurrency exchange FTX, was one of the most generous donors to political causes during the 2022 election cycle, doling out $40 million, mostly to Democrats, with a particular focus on buoying crypto-friendly politicians in Democratic primaries.

FTX, like many other crypto firms, also aggressively recruited former federal regulators and Capitol Hill staffers, an often-criticized practice but one that has been common in the financial-services industry for decades.

Jeff Hauser, director of the left-leaning Revolving Door Project, said that Democratic politicians who worked closely with Bankman-Fried will have much to explain to the progressive wing of the party.

“A lot of people in the Democratic party got really close to Sam Bankman-Fried, and it reflects very badly on people who took this guy seriously,” he said. “People who in their past lives have taken on corporate power have been bedazzled by money seemingly being thrown their way.”

Bankman-Fried was the primary funder of the Protect Our Future PAC, which spent tens of millions of dollars in Democratic primaries this year. He also floated the idea of spending upwards of $1 billion in the 2024 presidential election to beat Donald Trump if he were the Republican nominee.

Promises of money on this scale likely tantalized many Democratic politicians, Hauser said, whether or not Bankman-Fried ever planned to go through with those contributions.

The crypto industry has also wielded influence by hiring former Capitol Hill staff and federal financial regulators to lobby and advise them on regulatory matters. The Campaign for Accountability, a nonpartisan anticorruption watchdog, published a report in February that found 240 examples of officials with key positions in the White House, Congress, federal regulatory agencies and national political campaigns moving into and out of the industry.

“The crypto industry is following the standard playbook for advancing special interests in Washington, including using all the levers of the influence industry,” Dennis Kelleher, president and CEO of the nonpartisan financial-reform organization Better Markets, told MarketWatch. “One of the most pernicious parts of that is the revolving door, where former officials essentially sell out their public service by using their access and influence on behalf of their private clients.”

Kelleher praised the performance of federal banking and securities regulators who have succeeded in keeping the carnage in the crypto markets segregated from the traditional financial system as popular tokens like bitcoin
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and ether
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lost more than 70% of their value over the past year.

Nevertheless, he believes crypto’s influence campaign has convinced lawmakers that what’s needed is to pass legislation that would tailor the financial-regulatory apparatus to be more friendly to the business models of digital-asset companies, rather than increasing funding for market regulators to enforce the regulations already on the books.

A bill put forward in June by Republican Sen. Cynthia Lummis of Wyoming and Democratic Sen. Kirsten Gillibrand of New York would do just that, granting regulatory authority for the most popular cryptocurrencies to the Commodity Futures Trading Commission, which critics of the bill say is more crypto-friendly than the Securities and Exchange Commission.

Another bipartisan bill from Senate Agriculture Committee Chairwoman Debbie Stabenow of Michigan, a Democrat, and Sen. John Bozeman of Arkansas, the committee’s ranking Republican, envisions a similar setup.

Kelleher said that these bills are the product of the crypto industry’s intense lobbying efforts, and without that push, lawmakers might see that what is needed is more funding to enforce securities laws that already exist.

“People need to realize that the crypto industry is basically lawless,” Kelleher said, adding that exchanges like FTX could have made the decision to register as a securities exchange with the SEC, whose supervision would have ensured that the company couldn’t engage in the type of activities that led to its downfall.

“The industry made the conscious decision to not comply with the law, to spend hundreds of millions of dollars on public officials to get a special law passed so they get special treatment,” he said.

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Opinion: Elon Musk pumps Tesla stock with ridiculous $4 trillion target. Is a dump coming next?

Another Tesla Inc. earnings call, and another fanciful Elon Musk prediction that likely encouraged yet another open file at the Securities and Exchange Commission on Wednesday.

The chief executive of Tesla Inc.
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told investors Wednesday that he believes the valuation of the electric-car maker will exceed the combined market capitalization of the two most valuable companies in the world: Apple Inc.
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and Saudi Arabian Oil Co.
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“I am of the opinion that we can far exceed Apple’s current market cap,” Musk said. “In fact, I see a potential path for Tesla to be worth more than Apple and Saudi Aramco combined.”

Based on Wednesday’s closing prices, the combined market capitalization of those two companies is about $4.4 trillion U.S. dollars. But at least he added a caveat — “That doesn’t mean it will happen or that it will be easy, in fact it will be very difficult, require a lot of work, very creative new products, expansion and always good luck.”

Full earnings coverage: Elon Musk teases massive Tesla stock buyback as CFO trims forecast for annual deliveries and stock falls

This type of outrageous prediction is not new for Musk. He already predicted that Tesla would be worth as much as Apple, and its market cap now is roughly the same size as Apple’s was then, though his explanation for why Tesla would spike to that level was way off.

The situation Musk is in right now, though, is new. As the soap opera that has erupted from his deal to buy Twitter Inc.
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draws to a close, he is believed to need somewhere between $5 billion and $8 billion to finish off that deal, as our colleagues at Barron’s recently reported, and his only real avenue to that kind of cash is to sell Tesla stock.

Musk was precluded from selling shares before Tesla’s earnings report due to SEC rules, so what better way to try and pump Tesla’s stock before that blackout ended than to make some far-out predictions on the company’s earnings call?

From Barron’s: A Tesla stock sale is coming. We know who, why and when, but not how much.

A $4 trillion-plus price target wasn’t the only eye-opening claim Musk made in Wednesday’s call. He also told investors that he expected Tesla to perform the first stock buyback in its corporate history next year, and a large one at that: $5 billion to $10 billion.

“Even in a downside scenario next year, given next year is very difficult, we still have the ability to do a $5 [billion] to $10 billion buyback. This is obviously pending board review and approval,” he said. “So it’s likely that we will do some meaningful buyback.”

It is very odd to announce a share repurchase plan before it is approved and officially put in place by a board of directors, though sharing the news early is not automatically a violation of securities laws, said Stephen Diamond, an associate professor at Santa Clara University School of Law.

“Best practices would suggest waiting until you have your ducks in a row before making such an announcement, but I doubt it creates any obvious legal problems,” he said.

He added that the Tesla board is likely seeking approval from its auditors and legal counsel for the share repurchase, which would be why it isn’t approved yet.

“There is an accounting test under Delaware law that the company must meet in order to buy back shares,” Diamond said in an email. “Generally, it can only buy back shares if there is a ‘surplus’ available. To assess that would require support from their internal finance team to the board and likely as well outside opinions from their auditors and legal counsel.” 

While early disclosure of buyback plans would not register alarms at the SEC office automatically, these types of pronouncements from Musk specifically will perk up some ears at the regulator’s offices. Musk has already faced recriminations from the agency for earlier statements, and been targeted for failing to live up to the settlement he agreed to in that case. Musk is also reportedly actively being investigated for his behavior as he moved to acquire Twitter, which Twitter seemed to confirm in a legal filing earlier this month.

More: Elon Musk’s legal battle with Twitter may be over, but his war with the SEC continues

On the call, Musk would only say that he is “excited about the Twitter situation,” while admitting that “myself and the other investors are obviously overpaying for it right now.”

Tesla officials did not respond to a request for comment or answer a question about whether Musk does need to sell more Tesla shares to complete the Twitter deal.

The question for Tesla investors, though, is whether they have overpaid for Tesla stock before another round of stock sales from Musk, who has already offloaded billions in shares in the past year, which reportedly resulted in yet another SEC inquiry. On Wednesday, though, shares fell more than 6% in after-hours trading despite the chief executive’s boosterism, which seemed to be overshadowed by a revenue miss and trimmed forecast.

Perhaps investors are finally seeing through Musk’s earnings-call bloviating that boosted the value of Tesla’s shares in the past. But if Musk sells Tesla shares in the coming days after trying to talk up the company’s value, it won’t be the investors who knock on his door, it might be the SEC yet again.

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SEC fines Ernst & Young $100 million for employees cheating on CPA ethics exams

Accounting giant Ernst & Young will pay $100 million to settle charges with the Securities and Exchange Commission that hundreds of its employees cheated on the ethics components of the Certified Public Accountant examination and continuing education courses and for withholding information about the misconduct to regulators.

“It’s simply outrageous that the very professionals responsible for catching cheating by clients cheated on ethics exams of all things,” Gurbir Grewal, the SEC’s enforcement chief said in a press release. “And it’s equally shocking that Ernst & Young hindered our investigation of this misconduct.”

The SEC’s order states that between 2017 and 2019, 49 audit professionals at the firm sent or received answer keys to the CPA ethics exams, while hundreds more cheated on continuing professional education courses required by state accountancy boards for accountants to maintain their licenses.

The $100 million fine is twice that levied against competitor KPMG back in 2019 for similar violations, and the severity of the fine against Ernst & Young is due in part to its obstruction of regulators investigation, according to senior SEC officials.

Ernst & Young admitted that during the SEC’s investigation, the company misled the regulator by declining to share information about potential cheating on the CPA exam that had been shared with it.

“EY also admits that it did not correct its submission even after it launched an internal investigation into cheating on CPA ethics and other exams and confirmed there had been cheating, and even after its senior lawyers discussed the matter with members of the firm’s senior management,” the SEC said in a press release.

In addition to the monetary penalty, the SEC order requires the company to hire two separate independent consultants to review its policies and procedures related to ethics and integrity and to review the company’s failure to disclose the misconduct during the regulatory investigation.

The fines come as major global accountancy firms reexamine their business models, with both Ernst and Young and a competitor, Deloitte, reportedly considering spinning of their consultancy businesses into separate entities.

The Wall Street Journal reported in March that the SEC is probing the industry to understand how conglomerates with accounting and consultancy arms manage conflicts of interest between those lines of business.

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