The Bahamas lawyers up as the FTX case proceeds in US court and disagreements fester

Published at: Jan. 3, 2023

The Bahamas will have legal representation in the unfolding FTX case. The Caribbean nation chose Brown Rudnick as counsel “in certain matters of engagement related to the collapse of FTX Digital Markets Ltd.,” alongside Bahamian lawyers and other experts, according to a statement released by the law firm. 

FTX Digital Markets is headquartered in the Bahamas, and the top management of the company lived in that country. Cases against the members of the management team are now being heard in the United States after former CEO Sam Bankman-Fried’s extradition from the Bahamas.

Brown Rudnick has been working for the Bahamas since March 2022 to develop a national policy statement on digital assets. The firm was reengaged by the country after the FTX collapse, and filed a registration statement with the U.S. Department of Justice, as required by the Foreign Agents Registration Act of 1938, late in December, saying:

“Some of the Registrant's activities may involve preparation and dissemination of informational materials and otherwise engaging with U.S. government agencies and the U.S. media.”

Brown Rudnick may also prepare written content for social media on the behalf of the Bahamas, it said.

You would think that a Government of public relations like this one would at least trust a Bahamian firm to get the job done.A local firm leading the charge with international help would have been the better approach. But as usual, Davis listens to the FNM when it's too late. https://t.co/WxJps0spZ6

— Michael C. Pintard (@PintardMP) December 30, 2022

The Bahamas has been active in the FTX case from its start and differences with U.S. prosecutors began almost immediately. A competing Chapter 15 bankruptcy claim was filed in a U.S. court by the Bahamas the day after FTX filed for Chapter 11 bankruptcy.

Related: Trouble in the Bahamas following FTX collapse: Report

The Securities Commission of the Bahamas (SCB) ordered all FTX Digital Markets digital assets transferred to a wallet it controlled after the beginning of the bankruptcy cases, leading to criticism from the new FTXmanagement that burgeoned into accusations that the SCB had asked Bankman-Fried to create a new tokenfor it and that it was attempting to favor the country’s citizens in the claims against the company.

Tags
Regulation
Sam Bankman-Fried
Ftx
Related Posts
US lawmakers ask DOJ hold FTX execs accountable 'to the fullest extent of the law'
Two Democratic members of the United States Senate have called on the Justice Department to investigate the collapse of FTX and potentially prosecute individuals involved in wrongdoing. In a Nov. 23 letter to U.S. Attorney General Merrick Garland and Assistant Attorney General Kenneth Polite, Senators Elizabeth Warren and Sheldon Whitehouse requested the Justice Department launch an investigation into crypto exchange FTX’s downfall with the “utmost scrutiny.” The lawmakers cited the impact the collapse of a major firm in the crypto space had had on related companies — lending companies including Genesis and BlockFi halting trading — and funds which FTX …
Regulation / Nov. 23, 2022
FTX stake in US bank raises concerns about banking loopholes
The bankruptcy proceedings of cryptocurrency exchange FTX have revealed many new aspects of its unethical practices. The latest revelation around its stake in one of the smallest United States banks from rural Washington has raised fresh concerns about its operations and alleged misuse of banking loopholes. Farmington State Bank in Washington State, now renamed Moonstone, is the 26th smallest bank in the U.S. with a single branch and three employees. FTX invested in the rural bank through its now-bankrupt sister company Alameda with an investment of $11.5 million in its parent company FBH in March 2022. The Alameda investment was …
Blockchain / Nov. 25, 2022
US House committee sets Dec. 13 date for FTX hearing
The United States House Financial Services Committee has announced it will be holding a hearing to investigate the events around the collapse of crypto exchange FTX. In a Nov. 28 announcement, House Financial Services Committee chair Maxine Waters said lawmakers had scheduled a hearing aimed at exploring the collapse of FTX for Dec. 13. The hearing, expected to be “Part I” in perhaps a series of hearings around the impact of a major crypto exchange declaring bankruptcy, was first announced on Nov. 16 but not scheduled. Following the fall of FTX, the urgent need for legislation has never been greater. …
Regulation / Nov. 28, 2022
It's stacking up: SEC to file separate charges against FTX's SBF
The worst isn’t yet over for the disgraced founder of crypto exchange FTX, Sam Bankman-Fried. On Dec. 12, the United States Securities and Exchange Commission (SEC) said it is preparing to file charges against Sam Bankman-Fried, which will be separate from the ones leading to his most recent arrest in The Bahamas. In a statement on Twitter, the SEC tweeted a quote from its division of enforcement director Gurbir Grewal on Dec. 12 stating that the agency has “authorized separate charges relating to his violations of securities laws.” Gurbir Grewal: We commend our law enforcement partners for securing the arrest …
Regulation / Dec. 13, 2022
Congress may be ‘ungovernable,’ but US could see crypto legislation in 2023
The United States House of Representatives finally elected a speaker last week, concluding a four-day, 15-ballot ordeal that left many wondering if political gridlock was now the new normal in the U.S., and if so, what the consequences would be. For example, were the concessions made by Republican Kevin McCarthy to secure his election as speaker ultimately going to make it difficult to achieve any sort of legislative consensus, making it impossible for the U.S. to raise its debt ceiling and fund the government later this year? Not all were optimistic. The House of Representatives will be largely “ungovernable” in …
Adoption / Jan. 12, 2023