Former FTX CEO Sam Bankman-Fried’s legal team has once again appealed to the presiding judge, Judge Lewis Kaplan, in a bid to alter the jury instructions in his ongoing legal case.
The defense attorneys have specifically requested that the jury take into account the role of English law in shaping FTX’s terms of service.
In their proposal to Judge Kaplan, the defense team argues that in order for misappropriation to be established, there must have existed a trust, fiduciary, or similar relationship between FTX and its customers.
However, they highlight that FTX’s terms of service have explicitly stated that no such relationship existed between the company and its users.
The defense attorneys articulated their argument as follows: “Under English law, the Terms of Service do not create a trust relationship or similar fiduciary relationship between FTX and its customers.
Nor, under English law, do any representations made after a customer agreed to the Terms of Service create a trust relationship or similar fiduciary relationship.”
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They emphasized that even if a customer subjectively expected, understood, or believed in such a relationship, it does not legally create one under English law.
To bolster their case, the defense team cited precedents from various cases in the United Kingdom, underscoring the consistency of English law in not recognizing implied trust or fiduciary relationships based solely on subjective expectations.
Throughout the course of the case, Bankman-Fried’s legal representatives have made numerous requests to the judge, including appeals for early bail before the trial due to insufficient amenities for adequate preparation.
However, most of these requests have been denied by the court.
Sam Bankman-Fried, the former CEO of FTX, currently faces multiple charges related to fraud and misappropriation of customer funds for personal expenses.
Bankman-Fried has consistently maintained his innocence throughout the trial, vehemently denying any misuse of funds and asserting that he did not defraud his customers.
Additionally, he has faced previous allegations of witness tampering in connection to the ongoing legal proceedings.
Warren Buffett, often critical of cryptocurrencies like Bitcoin, finds himself profiting from his investment in a crypto-friendly bank, Nu Holdings, in 2023.
The “Oracle of Omaha” acquired 107 million shares of Nu Holdings, the parent company of Nubank, a Brazil-based fintech company known for its crypto-friendly approach.
Berkshire Hathaway, Buffett’s firm, made two significant investments in Nu Holdings in 2021, totaling $750 million.
As of the second quarter of 2023, Berkshire Hathaway has not sold any of its Nu shares, and the investment has grown to approximately $879.50 million, despite peaking at over $1 billion in February 2022.
Nubank’s crypto-friendly reputation stems from divisions that provide crypto-related services to over 1.35 million users.
This indirect exposure to the cryptocurrency industry includes Easynvest, a trading platform offering a Bitcoin exchange-traded fund (ETF), and Nubank, a digital financial services platform that facilitates BTC and ETH trading.
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Nubank also launched a loyalty token on the Polygon blockchain and allocated 1% of its cash holdings to Bitcoin in May 2022, emphasizing its belief in Bitcoin’s potential to disrupt financial services in the region.
Nubank is the largest fintech bank in Latin America, boasting over 80 million customers in Brazil.
In terms of stock performance, Nu Holdings has outperformed other top holdings in Buffett’s portfolio, such as Amazon and Apple, which have seen gains of 54.65% and 36%, respectively.
Apple represents a significant portion of Berkshire Hathaway’s investment portfolio, constituting approximately 45% of its $354 billion portfolio as of September 2023.
Nu Holdings’ stocks have also outperformed Berkshire Hathaway’s stock, which has risen by 9.25% year-to-date.
Remarkably, in 2023, Bitcoin’s price performance has finally caught up with Nu Holdings’ stock, both experiencing a 106% increase year-to-date, coinciding with Bitcoin’s decoupling from the stock market in October.
While some view this as a bullish sign, others attribute Bitcoin’s recent price gains to optimism surrounding Bitcoin ETFs.
Historical data has shown a close correlation between Bitcoin and the stock market, and the recent “decoupling” may be driven by hopes for ETF approval.
However, some caution that a significant stock market downturn could bring Bitcoin back to earth, highlighting the complex interplay between traditional financial markets and the cryptocurrency world.
Around 25 individuals have allegedly fallen victim to a cryptocurrency heist amounting to a staggering $4.4 million, compromising 80 wallets.
The breach, which transpired in 2022, was attributed to vulnerabilities in the password storage software, LastPass.
On October 27, in a Twitter post, a pseudonymous on-chain researcher known as ZachXBT and MetaMask developer Taylor Monahan jointly revealed their tracking of the illicit fund movements across the compromised wallets.
Monahan pointed out that most of the victims had been long-standing users of LastPass and admitted to storing their crypto wallet keys or seeds within the compromised software.
The heist, which unfolded on October 25, 2023, alone resulted in the siphoning of approximately $4.4 million from over 25 victims who had fallen prey to the LastPass hack.
The severity of the situation prompted a stern warning from ZachXBT, urging anyone who may have entrusted their seed phrases or keys to LastPass to immediately transfer their crypto assets to more secure storage.
This troubling incident traces its origins back to December 2022 when LastPass publicly disclosed that an assailant had exploited information pilfered during a breach in August.
This data breach allowed the attacker to target a LastPass employee, acquiring their credentials and successfully decrypting stored customer data.
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Among the stolen assets was a backup of encrypted customer vault data, with LastPass sounding the alarm that this data could be decrypted if the attacker engaged in a brute-force guessing of the account’s master password.
The repercussions of this breach became shockingly evident when cybersecurity journalist Brian Krebs reported in September that several LastPass customer vaults had been seemingly breached, leading to the theft of over $35 million in crypto from approximately 150 victims.
The fallout from this security debacle extended into January when LastPass found itself embroiled in a class-action lawsuit.
The lawsuit, filed by affected individuals, alleged that the August 2022 breach had resulted in the theft of roughly $53,000 worth of Bitcoin (BTC).
In his most recent post, ZachXBT offered a final piece of advice to those who had ever entrusted their wallet seed or private keys to LastPass: “migrate your crypto assets immediately.”
The urgency of his words underscores the critical importance of safeguarding one’s digital assets in the face of relentless cyber threats.
The Dubai Virtual Assets Regulatory Authority (VARA) has recently granted a Virtual Asset Service Provider (VASP) license to the cryptocurrency wallet company known as Backpack.
This development marks the inception of Backpack Exchange, a platform exclusively designed for crypto exchange services within the Dubai market.
Notably, the VARA license confines Backpack to offering only crypto exchange services and doesn’t encompass their other virtual asset-related products and services.
The newly launched Backpack Exchange boasts cutting-edge features, including zero-knowledge (ZK) proof-of-reserves, multi-party computation (MPC) for secure custody, and low-latency order execution.
In a significant revelation, it was disclosed that Backpack Exchange had successfully acquired operational licenses in multiple jurisdictions worldwide over the preceding five months.
While the flagship Backpack Wallet remains an unregulated product, it is strategically engineered to facilitate users’ transition from fiat to on-chain applications in the future.
Armani Ferrante, the CEO and co-founder of Backpack, emphasized his commitment to bringing greater transparency to crypto exchanges and eliminating opacity.
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He outlined the company’s vision, stating, “Using cryptographic techniques like zk-proofs, MPC, and state machine replication, Backpack Exchange hopes to raise the bar for transparency and compliance to demonstrate the best this technology has to offer. Don’t trust, verify.”
Existing users of Backpack and Mad Lads will have exclusive access to Backpack Exchange starting from November 2023, with plans to make it accessible to the general public in Q1 2024.
During this period, Backpack intends to introduce various trading functionalities, including derivatives, margin trading, and cross-collateralization, to enhance its service offerings.
As of now, Backpack has not responded to requests for comments from Cointelegraph.
Dubai’s VARA regulator has been actively granting operational licenses to numerous crypto exchanges over the past year, solidifying its reputation as a crypto-friendly jurisdiction.
In February 2023, the regulator introduced new guidelines for VASPs operating in the emirate, mandating adherence to marketing, advertising, and promotion regulations.
Violators will face fines ranging from 20,000 UAE dirhams ($5,500) to 200,000 dirhams ($55,000), with repeat offenders potentially subject to fines as high as 500,000 dirhams ($135,000).
In a recently resurfaced video from 2019, Gary Gensler, now the head of the United States Securities and Exchange Commission (SEC), criticized the SEC’s approach to spot Bitcoin products, calling it “inconsistent.”
The video, which has gained renewed attention on social media, captures a discussion on blockchain regulation between Gensler and SEC Commissioner Hester Peirce during the 2019 MIT Bitcoin Expo.
During the conversation, Gensler expressed his views on the regulatory landscape for Bitcoin and other cryptocurrencies.
He pointed out the perceived inconsistency in the treatment of Bitcoin futures and Bitcoin exchange-traded funds (ETFs). Gensler noted that while Bitcoin futures and possibly Ethereum futures were allowed, Bitcoin ETFs had not received approval.
He highlighted the similarity in the underlying technologies and suggested that this inconsistency was a concern.
In the wake of the video’s resurgence, the cryptocurrency community on social media platforms, including Twitter, couldn’t help but draw attention to the contrast between Gensler’s past and present views on spot Bitcoin ETFs.
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Some users humorously remarked on the change in Gensler’s stance, with one market analyst posting, “Gary Gensler says Gary Gensler is wrong,” and another user commenting on the shift in his approach.
As of now, the SEC has granted approval for Bitcoin and Ether futures ETFs but has consistently rejected spot Bitcoin ETF applications since 2017.
This pattern of rejections continued under Gensler’s leadership at the SEC. Gensler has justified these rejections by citing concerns about the lack of adequate protections against market manipulation in spot Bitcoin ETFs.
Notably, Gensler’s SEC faced a lawsuit from asset manager Grayscale after it rejected the company’s proposal to convert its existing Bitcoin trust into a spot ETF.
A court ultimately ruled that the SEC’s rejection of the application was “arbitrary and capricious,” and the SEC did not pursue an appeal against this decision.
The resurgence of this video has sparked discussions and debates about the evolving regulatory landscape for cryptocurrencies in the United States and the SEC’s role in shaping it.
It remains to be seen how Gensler’s current position as SEC chairman will influence future decisions regarding spot Bitcoin ETFs and other cryptocurrency-related matters.
Zodia, the institutional cryptocurrency custody platform jointly owned by financial giants Standard Chartered, SBI Holdings of Japan, and Northern Trust, is set to extend its services to the bustling financial hub of Hong Kong.
This expansion, revealed by Zodia CEO Julian Sawyer, is in response to the burgeoning demand for cryptocurrencies among institutional investors in the region.
Sawyer emphasized that the surge in crypto interest in Hong Kong primarily stems from institutional players rather than individual retail customers.
This aligns perfectly with Zodia’s core offering, which is tailored to cater to the needs of institutional clients.
He further highlighted that Hong Kong’s regulatory stance on cryptocurrencies is in harmony with Zodia’s ambitions.
The local government recognizes digital assets as the future and is actively positioning Hong Kong to become a pivotal hub in this rapidly evolving landscape.
Zodia’s entry into Hong Kong is part of its broader strategy to aggressively expand its footprint across Asia.
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In recent months, the platform has launched its services in Japan, Singapore, and Australia, tapping into the growing demand for secure cryptocurrency custody solutions.
The CEO stated, “What we’re seeing is there are absolutely clients in all of those four markets who want to do things,” indicating a robust appetite for crypto-related services in these regions.
Moreover, Zodia is also exploring opportunities beyond these jurisdictions, with interest coming from institutional clients and prospects worldwide.
The initial phase of Zodia’s expansion in Hong Kong will involve limited support for a select number of cryptocurrency assets.
Additionally, the platform is actively engaging with Hong Kong’s regulatory bodies, such as the Securities and Futures Commission and the Hong Kong Monetary Authority, to seek regulatory approval and ensure compliance within the financial district.
While Zodia has not responded to requests for comments at the time of writing, it’s worth noting that this development follows Standard Chartered’s original announcement in late 2020 to establish an institutional custodial platform for cryptocurrencies.
Launched in 2021, Zodia secured $36 million in a Series A funding round led by SBI Holdings in April 2023.
In conclusion, Zodia’s expansion into Hong Kong signifies its commitment to meeting the rising institutional demand for cryptocurrency services in Asia, reinforcing its position as a key player in the rapidly evolving digital asset custody space.
Kraken, a cryptocurrency exchange headquartered in the United States, has announced its compliance with a court order to share the data of approximately 42,000 users with the U.S. Internal Revenue Service (IRS).
The exchange will transmit this information to the IRS in early November.
The court order, originating from the U.S. District Court for the Northern District of California in May 2021, compelled Kraken to provide a broad array of records and data concerning its U.S. clients to the IRS.
Initially, Kraken contested the IRS’s demands and engaged in a legal battle to reduce the scope of the summons. As a result, the number of affected clients and the volume of client data to be disclosed were substantially reduced.
Under the court’s directive, Kraken will furnish profile and transaction data for clients who engaged in transactions exceeding $20,000 in any single year from 2016 to 2020.
This also encompasses individuals who conducted deposits and withdrawals without actual transactions.
The data that Kraken will share with the IRS includes names, dates of birth, tax identification numbers, addresses, contact information, and transaction history for the affected customers.
It is estimated that around 42,000 accounts will have their information provided to the IRS.
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This development follows a similar case involving the IRS’s request for user data from Coinbase, another cryptocurrency exchange.
In 2018, Coinbase notified its 13,000 impacted customers that it would furnish the IRS with their taxpayer identification numbers, names, birthdates, addresses, and historical transaction records from 2013 to 2015.
A user named James Harper challenged the IRS’s request, seeking to prevent unrestricted access to a user’s transaction history by the U.S. government.
In October 2023, the DeFi Education Fund, a cryptocurrency advocacy group, submitted an amicus brief in support of Harper’s appeal, underscoring the broader implications of user data privacy in the context of cryptocurrency transactions.
In conclusion, Kraken’s decision to comply with the court order and share user data with the IRS reflects the ongoing scrutiny of cryptocurrency exchanges by tax authorities.
These cases raise important questions about user privacy and data protection in the rapidly evolving world of digital currencies.
Salvadoran President Nayib Bukele has taken the bold step of filing paperwork for his reelection bid in the upcoming 2024 presidential election, slated for February.
Bukele, known for his advocacy of Bitcoin, garnered strong public support when his party officially nominated him for a second term on October 26.
Addressing a large gathering of Salvadorans, he declared, “Five more [years], five more and not one step back. We need five years to continue improving our country.”
Bukele ascended to power in 2019, marking a historic shift away from the two-party dominance that had lasted for three decades between the Nationalist Republican Alliance and the Farabundo Martí National Liberation Front.
However, despite his popularity among the local populace, critics, including Salvadoran lawyer Alfonso Fajardo, argue that the country’s constitution forbids consecutive presidential terms.
Fajardo pointed out, “Nayib Bukele is running for reelection in El Salvador despite the fact that it’s prohibited in 7 articles of the constitution.
The constitution was drafted after our peace accords, after our bloody civil war. This is unconstitutional.”
Notably, in September 2021, El Salvador’s Supreme Court ruled in favor of presidential consecutive reelections, thereby clearing the way for Bukele’s candidacy. Bukele’s party, New Ideas, boasts the support of a significant 70% of the country’s voting population, dwarfing its closest competitor, which only received 4% of the total votes.
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Despite opposition, including a lawsuit from one of New Ideas’ competitors, FMNLB, alleging the unconstitutionality of Bukele’s Bitcoin adoption program, the initiative proceeded as planned.
El Salvador officially made Bitcoin legal tender three months later in September 2021.
The Bukele administration has also embraced tech-friendly policies, such as the elimination of taxes on technological innovations, aimed at bolstering the nation’s economy.
Gabor Gurbacs, a strategy advisor at VanEck, even speculated that El Salvador has the potential to become the “Singapore of the Americas.”
Bukele’s popularity has been bolstered by his resolute crackdown on MS-13, a transnational gang that had contributed to El Salvador’s status as the country with the highest homicide rates in the world six years ago.
Thanks to these efforts, El Salvador’s homicide rate has plummeted by a remarkable 92.6% since its peak of 106 per 100,000 inhabitants in 2015, now standing at just 7.8 in 2022.
The nation now boasts one of the lowest crime rates in Latin America.
However, it’s crucial to note that Bukele’s approach has not been without controversy, as the United Nations and other critics argue that El Salvador violated human rights laws by imprisoning 65,000 individuals without affording them legal rights to defend themselves.
With the presidential election scheduled for February 4, 2024, El Salvador is poised for a pivotal moment in its political landscape as Nayib Bukele seeks to continue his transformative leadership.
On October 27, Sam “SBF” Bankman-Fried, former CEO of FTX, provided crucial testimony during his trial, shedding light on his relationship with Caroline Ellison and the political donations linked to the crypto exchange. Bankman-Fried’s defense attorney, Mark Cohen, directed the proceedings.
One significant revelation from the courtroom was Bankman-Fried’s assertion that he had not discussed political contributions to U.S. politicians with former FTX engineering director Nishad Singh and former FTX Digital Markets co-CEO Ryan Salame.
Instead, he claimed that the donations made in his name were sourced from “loans from Alameda Research.”
These financial activities were part of a broader strategy to influence U.S. government policies related to cryptocurrency regulation.
Bankman-Fried emphasized the importance of shaping these policies, noting that some in Congress and the executive branch were supportive of FTX’s efforts in cryptocurrency lobbying.
Cohen took a detour from the legal allegations, delving into Bankman-Fried’s personal life. He questioned the former FTX CEO about the reasons behind his breakup with Caroline Ellison.
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Bankman-Fried explained that the relationship ended because Ellison “wanted more than I could give.” He added that this was not the first time such a situation had arisen.
During her testimony, Ellison pointed out that SBF had not been spending much time with her, which contributed to the relationship’s deterioration.
Cohen also inquired about Bankman-Fried’s unconventional style, to which SBF responded that his unkempt hair was due to his own laziness, and he preferred the comfort of shorts and T-shirts for most occasions.
In an earlier hearing on the same day, Bankman-Fried denied allegations of defrauding FTX users by allowing Alameda to use customer funds.
Former FTX Chief Technology Officer Gary Wang and others testified that SBF had given Alameda the ability to trade more funds than it had on hand.
Bankman-Fried’s testimony is expected to conclude early next week, following cross-examination by attorneys from the U.S. Department of Justice.
Assuming there are no procedural delays, the court will then instruct the jury to deliberate on the seven criminal charges brought against him.
Institutional interest in Bitcoin investment vehicles has surged amid growing anticipation of potential regulatory changes in the United States.
Data from sources such as Bloomberg reveals that Bitcoin exchange-traded funds (ETFs) and similar instruments are experiencing near-record weekly inflows.
The prospect of the United States permitting a Bitcoin spot price-based ETF has not only influenced the price of Bitcoin but has also positively impacted the broader cryptocurrency ecosystem.
Alongside cryptocurrency exchanges and mining companies, institutional investment options that have faced challenges in recent times are witnessing a resurgence in demand.
According to Eric Balchunas, a senior ETF analyst at Bloomberg, at least two well-known investment options experienced significant trading volume during the week ending October 27.
One of them was the ProShares Bitcoin Strategy ETF (BITO), the first futures-based ETF to receive regulatory approval in the U.S. in 2021.
BITO saw a trading volume of $1.7 billion during the week, marking its second-highest weekly volume since its launch.
Another noteworthy performer was the Grayscale Bitcoin Trust (GBTC), which saw a trading volume of $800 million.
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This increased activity helped narrow the discount of GBTC shares to the Bitcoin spot price, reaching its lowest level in two years.
William Clemente, co-founder of crypto research firm Reflexivity, commented that ETF trading is now “back in full steam,” highlighting the renewed interest in these investment vehicles.
GBTC has experienced a remarkable resurgence in recent months, even before Bitcoin’s 15% price increase in the previous week. Legal victories in the journey towards converting GBTC into a spot ETF provided momentum for this revival.
Currently, Grayscale’s product trades with an implied share price that is just 13.1% below the BTC spot price, according to data from CoinGlass.
Despite the optimism surrounding GBTC, investment management firm ARK Invest has reduced its holdings of GBTC in line with its share price gains.
ARK Invest is also planning to launch a Bitcoin spot ETF, and GBTC currently accounts for 10.24% of its ARK Next Generation Internet ETF—a notable change since November 2022.
In conclusion, the potential for regulatory changes in the United States regarding Bitcoin investment vehicles has sparked a surge in institutional interest and trading activity.
This trend, along with the narrowing discount of GBTC shares to the Bitcoin spot price, suggests a growing confidence in cryptocurrency investment options among institutional investors.