Thursday, December 15, 2022
By NEIL HARTNELL
Tribune Business Editor
nhartnell@tribunemedia.net
A Delaware bankruptcy judge was yesterday told that the Securities Commission’s vehement rejection of Sam Bankman-Fried’s Bahamian creditor preferential payout plan proves there was no “collusion” with the FTX founder.
Christina Rolle, the regulator’s executive director, asserted in a November 10, 2022, affidavit that the digital assets regulator “cannot condone” the now-jailed FTX chief’s plan to prioritise Bahamian withdrawals over all other clients as set out in his November 9, 2022, e-mail to attorney general Ryan Pinder KC.
This stance, and Ms Rolle’s assessment that such payments would be fraudulent preferences subject to “claw back” in any court-supervised liquidation, were held up before Judge John Dorsey as evidence to refute claims that the Securities Commission, Bahamian government and joint provisional liquidators were all working together “in cahoots” with Mr Bankman-Fried to frustrate the US Chapter 11 bankruptcy protection process.
However, John Bromley, the attorney representing the 134 FTX entities in bankruptcy protection and John Ray, their outspoken chief executive, again repeated the conspiracy theories promoted by his client during a hearing on the Bahamian joint provisional liquidators’ bid to obtain an order giving them access to all data on FTX Digital Markets.
That access has now been cut for more than a month, with Mr Ray disconnecting their ability to access the cloud-stored data on FTX’s Bahamian subsidiary from November 12, 2022, and seemingly refusing to restore it without a further legal battle. Mr Bromley, describing this data as “dangerous information”, said: “We don’t trust the Bahamas government because of evidence we have obtained to-date...
“We don’t trust the joint provisional liquidators to hold this information and not provide it to the Bahamian government.” Mr Bromley again portrayed the Bahamian government, Securities Commission and Brian Simms KC, the Lennox Paton senior partner, and PricewaterhouseCoopers (Pwc) duo of Kevin Cambridge and Peter Greaves, in their capacity of joint provisional liquidators, as acting in concert even though they have separate and distinct roles.
And Mr Bromley, of the Sullivan & Cromwell law firm, pledged that he and Mr Ray “we will fight with all our strength” to prevent The Bahamas from becoming the main legal venue for resolving FTX’s insolvency woes over the Delaware Chapter 11 bankruptcy proceedings.
Judge Dorsey, who indicated he favoured granting the Bahamian joint provisional liquidators access to the FTX Digital Markets date they need, ultimately backed away amid opposition from Mr Bromley. Hoping the Bahamian trio and Mr Ray can resolve the dispute themselves, using mediation if they have to, he scheduled a “status” conference for Friday to see if the two sides can make progress without requiring a full court hearing with witnesses.
Access to the cloud-stored data, and FTX Digital Markets’ books and records, is vital to making progress on tracking and protecting assets for the benefit of Bahamian creditors. However, with Mr Ray presently blocking access, it is slowing the joint provisional liquidators’ progress considerably, obstructing their investigation and bringing the process to a near standstill.
Chris Shore, of the White & Case law firm, who was acting for the joint provisional liquidators, said Ms Rolle’s affidavit “belies the notion that what the Commission was doing was in collusion with Bankman-Fried” as she categorically rejected his offer to “open up withdrawals” and payout all Bahamian FTX creditors at the expense of other investors.
“Sam Bankman-Fried’s e-mail gives rise to further concerns on the part of the Commission,” Ms Rolle said of his communication to Mr Pinder. “Particularly, Sam Bankman-Fried has advised that FTX has ‘segregated funds for Bahamian customers’ and is willing to allow those customers to withdraw those funds.
“The question that ultimately arises is whether such transactions would be characterised as voidable preferences under the insolvency regime and subsequently result in attempts to claw back funds from Bahamian customers. In any event, the Commission cannot condone the preferential treatment of any investor or client of FTX Digital or otherwise.”
Both Ms Rolle and Allyson Maynard-Gibson KC, the former attorney general who was acting as FTXs Bahamian attorney, were copied on Mr Bankman-Fried’s e-mail to Mr Pinder. As a result, all three, as well as the wider government and Securities Commission, had advance notice of what the FTX chief planned to do.
Questions were raised yesterday was to what “overt and concrete” action, if any, was taken by the Government, Securities Commission and Mrs Maynard-Gibson to prevent or dissuade Mr Bankman-Fried from this plan given that they had ample warning and knew any payouts would constitute fraudulent preferences.
Over a 25.5 hour period, much of which was covered by Supreme Court and Chapter 11 asset freezes, some $100m is alleged to have been withdrawn for the benefit of 1,500 purportedly Bahamian clients, and one source said: “What steps, if any, did they take to stop him. All would have known that under such circumstances those payments would have been fraudulent preferences.”
Meanwhile, Judge Dorsey yesterday said he requested the hearing on the Bahamian provisional liquidators’ bid to have their data access restored by bankruptcy court order if necessary. “I wanted to take the opportunity to talk to the parties in this case about where we are and what’s going on,” he said.
“I understand there’s a lot of heated debate between the parties as to what’s happening, but I believe there must be some path forward to resolve the concerns of everyone involved. I think the joint provisional liquidators are entitled to the data and information related to their entity in liquidation in The Bahamas. Is there any dispute, Mr Bromley.”
Mr Bromley, on Mr Ray’s behalf, had no hesitation in saying there was such a dispute. While indicating that the FTX US chief executive was willing to talk about “static” information being provided to the Bahamian trio, he argued that they were instead seeking “dynamic access” to a live system.
The American attorney then regurgitated Mr Ray’s conspiracy theory to justify their position, asserting that any access given to the joint provisional liquidators would be misused to provide information to the Bahamian government and Securities Commission - all of whom were in collusion with Mr Bankman-Fried. This, though, ignores the latter’s request and his current status as an inmate in Fox Hill prison.
“The concern we have with any access to a live system; we believe is that dynamic access would be provided to the Government of The Bahamas and provided to the Securities Commission. To-date, any access the Securities Commission has had to our system has led to the removal of assets from our system,” Mr Bromley alleged.
This again refers to the action taken by the Securities Commission to protect assets for FTX Digital Markets creditors by transferring some $300m to a secure digital wallet under its control for fear they were about to be lost to a hack. Mr Ray has himself confirmed that a hacking attempt was made, but he has seemingly ignored the fact that the Bahamian regulator obtained Supreme Court approval for this even though the facts have been provided to him.
Mr Shore sought to explain that the Securities Commission and joint provisional liquidators are independent of each other, with the former akin to the US SEC while the latter are officers of the Supreme Court running FTX on its behalf.
After Judge Dorsey questioned whether a full hearing on the data access issue with witnesses would be necessary, Mr Shore urged the court not to “set the bar that the joint provisional liquidators must prove there was no collusion between the Commission and Sam Bankman-Fried, and have everyone disappear for the holiday and be timed out”.
Adding that his clients had indicated they would accept access to “cloned” data, not the version upsetting Mr Bromley and Mr Ray, he said of the impasse: “It’s got to be resolved in the next couple of days, certainly not weeks and not months.” However, Judge Dorsey warned that the earliest hearing date in his calendar was January 6, 2023, meaning the joint provisional liquidators could remain frozen out until the New Year if negotiations are not successful.
Mr Shore, who asked that Friday’s status conference be used “as a control date”, warned that FTX’s liquidation in the US and The Bahamas was in danger of “going off the rails” if the disputes persisted to the detriment of both the court’s time and creditors.
“We’re at least tilting on the rails,” he added. “It may come to that. It’s way too early in this case to devolve. There’s got to be a way for professionals to work this out without getting into the kind of accusations that are flying.” That was a reference to Mr Ray’s allegations that the Bahamian authorities were colluding with Mr Bankman-Fried.
Attorneys representing the Securities Commission said the Bahamian regulator was “not consenting to the personal jurisdiction of this court” after Mr Bromley urged that it participate in the negotiations to achieve greater co-operation - something that Judge Dorsey encouraged.
Yet Mr Bromley added: “If there’s an attempt to seize control and move the case to The Bahamas we will fight them with all our strength.”
Comments
Well_mudda_take_sic says...
> Christina Rolle, the regulator’s executive director, asserted in a November 10, 2022, affidavit that the digital assets regulator “cannot condone” the now-jailed FTX chief’s plan to prioritise Bahamian withdrawals over all other clients as set out in his November 9, 2022, e-mail to attorney general Ryan Pinder KC.
What Chritina Rolle should instead be saying is that all regulatory and law enforcement agencies of The Bahamas, as well as the liquidators appointed by the Bahamas Supreme Court, will be doing their utmost to ensure all persons domiciled or resident in The Bahamas who derived financial benefit from funds/securities stolen from FTX customers are made to return the equivalent in value of such funds/assets to the estate of FTX under the control of John Ray III as the new FTX CEO in the Delaware bankruptcy proceedings.
Posted 15 December 2022, 12:24 p.m. Suggest removal
killemwitdakno says...
Why not the democrats first? Our gov't practically promoted his exchange luring the investments. Here's this local company that locals new to investing are encouraged to support , then in months are screwed. Inghram held a presentation one time to get Bahamians to invest in a West End project, nothing materialized.
Posted 15 December 2022, 11:17 p.m. Suggest removal
bahamianson says...
They should return it. You invested at your own risk. If they got paid, everyone should get paid. Krooked, just krooked....oh, welcome to the Bahamas, a nation for sale.
Posted 15 December 2022, 12:30 p.m. Suggest removal
DonAnthony says...
Shady, Shady business. So SBF emailed AG and gave him a heads up before only opening platform for 1500 Bahamian accounts to withdraw $100 mill? Who are these people? Seems like a conspiracy, how and who coordinated 1500 people to withdraw funds in barely a day? These names should be published on front page of newspaper and people need to be prosecuted.
Posted 15 December 2022, 12:32 p.m. Suggest removal
Bahamianbychoice says...
I agree. I would like to see these names as well. My guess is there is not 1500 persons but a much smaller group of beneficial owners. I mean wasn't Deltec just under the spotlight for Russians assets?( a few Paper Bahamians exited the country quick when the war began) What better way to move those funds than through a cryto exchange. Shady is correct.....
Posted 15 December 2022, 3:50 p.m. Suggest removal
killemwitdakno says...
No telling where the investor's $10B originated to begin with.
Posted 15 December 2022, 11:43 p.m. Suggest removal
killemwitdakno says...
Withdrawing in a day is how FTX tanked. Why not go look up the app dear. All things digital are same day.
Posted 15 December 2022, 11:39 p.m. Suggest removal
DillyTree says...
The US liquidator in Delaware needs to get in line. The principal lived in the Bahamas with a Bahamas registered business. Bahamian investors needs to be made whole first. Then the US can have him and whatever is left over.
Posted 15 December 2022, 1:12 p.m. Suggest removal
ExposedU2C says...
That's just not the way it works under international law when it comes to tracing and recovering stolen funds. securities, and other property/assets. Just ask the Russian oligarchs who had their yachts confiscated, bank/brokergae accounts frozen, homes around the world seized, and so on.
Posted 15 December 2022, 1:35 p.m. Suggest removal
C2B says...
That's right! Put the final nail in the coffin of Foreign Direct Investment in the Bahamas. Have you any idea what the rest of the World thinks of this? No one in his/her right mind would put assets here or loan money here. This makes Bahamar look like a lost wallet dispute.
Posted 15 December 2022, 7:09 p.m. Suggest removal
Maximilianotto says...
Suicide. And Chester and John Pinder sign $800,000,000 MoU with thousands of jobs for dead South Abaco. Unbelievable if they believe anyone would invest a penny - one more of Coopers list of failed pipe dream hot air projects 👎👎👎
Posted 16 December 2022, 3:47 a.m. Suggest removal
Sickened says...
I'm sure some money circulated prior to the signing of the MoU.
Posted 16 December 2022, 9:28 a.m. Suggest removal
ThisIsOurs says...
Are you serious??? have literally no understanding of business. **depositing money in an account at FTX does not make you an "investor".** That word has a very specific meaning, in that you have **ownership** rights, and some ownership rights say if this company tanks youre first in line to get your **equity** investment back. Bahamians who put in a few thousand into for the purposes of trading are last in line. I mentioned this from the minute Brave Davis hinted in the HOA that his first priority was protecting bahamian clients. its not legal
Posted 16 December 2022, 7:47 p.m. Suggest removal
ThisIsOurs says...
Unfortunately in business its typically the people who dont need the money who get paid first because they're the ones who invested the most and bought **share rights** that say they get paid first.
Posted 17 December 2022, 3:50 a.m. Suggest removal
ThisIsOurs says...
"*Christina Rolle, the regulator’s executive director, asserted in a November 10, 2022, affidavit that the digital assets regulator “cannot condone” the now-jailed FTX chief’s plan to prioritise Bahamian withdrawals over all other clients as set out in his November 9, 2022, e-mail to attorney general Ryan Pinder KC*"
After multiple email exchanges nobody responded to Sam to tell him to cease and desist from what would be an illegal payout? And then file an affidavit with someone else to say you dont agree? This makes NO sense. The robber tell the police I going to rob the bank if you dont tell me you object. the police go to the judge to say I dont agree with robbers robbing banks.Then the robber rob the bank just like they promised??
Posted 15 December 2022, 2:51 p.m. Suggest removal
DonAnthony says...
And then the police wait over a month to arrest the robber!
Posted 15 December 2022, 3:07 p.m. Suggest removal
Sickened says...
And they didn't even arrest him for robbing the bank. They only arrested him because America accused him of something. We haven't accused him of anything yet. In our eyes he's still not a criminal. CRAZY!!!
Posted 16 December 2022, 9:30 a.m. Suggest removal
killemwitdakno says...
Yeh well the US SEC was warned of the potential collapse as well.https://youtu.be/YLPH1SRlNlY
Posted 16 December 2022, 12:22 a.m. Suggest removal
bahamianson says...
Want to discuss that LgBt article. Open it up for discussion. It is a democratic society not run by democrats.
Posted 15 December 2022, 5:25 p.m. Suggest removal
rosiepi says...
Conspiracy theories? Hardly.
Despite Hartnell’ editorializing about disinformation, who needs to embellish the implosion of the Davis’ government’s DARE Act and/or the myth of Bahamas’ business regulations”?
It was pointed out in a previous editorial that there was “NO EVIDENCE” that Pinder, the SBC, etc etc condoned or permitted an unregulated 25 hour period wherein $100M was looted.
More importantly he fails to point out is there is NO EVIDENCE that Pinder, Rolle and Maynard-Gibson, etc etc. lifted a finger, sounded an alarm, stopped or answered Bankman-Fried’s statement ‘If I do not hear from you I intend to move forward with distributing monies.
No wonder Ray is aghast, frothing at the mouth that these ‘regulators’, these self proclaimed guardians of the Bahamas’ judicial and financial reputation would have the wherewithal to further stymie justice for investors.
Posted 15 December 2022, 9:42 p.m. Suggest removal
Baha10 says...
… and Paton sitting on the Board of Securities Commission appointing his fellow Partner at Law Firm Lennox Paton as Liquidator of FTX … is the final straw😱
Posted 15 December 2022, 11:16 p.m. Suggest removal
Maximilianotto says...
The Americans will love this as confirmes their opinion of The Bahamas….when will the country become a republic and grow bananas❓🤣
Posted 16 December 2022, 3:38 a.m. Suggest removal
ExposedU2C says...
The conflict of interest you refer to involving Brian Simms and his law firm partner Michael Paton is only the tip of the iceberg when it comes to several very significant conflicts of interest that John Ray III is well aware of. As the FTX onion gets peeled, PwC's name is coming up in a number of unexpected places that are giving pause for concern.
Posted 16 December 2022, 11:53 a.m. Suggest removal
killemwitdakno says...
**How is it stolen if they're refunded their purchase????**
In any bank run, the first in line gets theirs out the ATM and the late crowd has to go to court.
Well if it's a risk to prioritize compensation for local damages, now no FDI project or registered corporation is going to list on BSIX which should be a requirement in our Community Benefits Agreements. FTX was probably the first. Hopefully the international inclusion through Alameda wasn't what got him screwed up in the first place trying to accommodate.
Yinna rightfully complained so much that Bahamians couldn't invest like Bahamians can't gamble, now for the few who did on this particular exchange, everyone assumes they're not average Joe's trying to earn. (And the reason you can't gamble is bc the house always wins )
Still waiting on that BPC oil listing ay.
If $100B Hutchinson Whampoa goes down and they were on BSIX,
http://tribune242.com/users/photos/2022…
Posted 15 December 2022, 11:34 p.m. Suggest removal
ThisIsOurs says...
This isnt how liquidation works. he cant pick and chose which clients to give money to
Posted 16 December 2022, 7:54 p.m. Suggest removal
ThisIsOurs says...
**also investing in FTX was a GINORMOUSLY RISKY venture. Unless you had 50 million on an account in addition to what you invested, you should not have been investing. FTX was NOT for "regular Joes". This was another MAJOR FAILING of the SCB. There is NOTHING, literally NOTHING that promises you get your money back when you put it on a trading platform**
Posted 16 December 2022, 8:41 p.m. Suggest removal
ThisIsOurs says...
I hope ArawakX succeeds because Im 2000% positive none of the "regular" investors understand they could lose everything they put in. They just riding on PR and marketinh
Posted 16 December 2022, 8:43 p.m. Suggest removal
killemwitdakno says...
A live clone will be better than static.
Posted 15 December 2022, 11:36 p.m. Suggest removal
killemwitdakno says...
It's not a car, sites have archives. Ray acts like Sam can fix something. Only if Ray had manipulated anything to frame Sam , would he be so adverse to a *live* clone and the backups since November. Sam must know what's being referred to, not surprised in testimony on charges 24hrs before. The accounting numbers have to be before his eyes.
Posted 16 December 2022, 12:15 a.m. Suggest removal
killemwitdakno says...
Why is a $3T market not a federally insured institution when official brand name hedge fund financial services offer investments in crypto?? O yeh. They didn't have regs, we did.
CLICO
Btw, $100M doesn't nearly cover $10B. wtf
And I think if you didn't lose your initial investment, you should be not be prioritized.
Posted 16 December 2022, 12:01 a.m. Suggest removal
ThisIsOurs says...
Huh? What you think is irrelevant. Theres a little thing called business law that sets out who gets paid first and rich people pay dearly to be the first to get paid. It was HIGHLY unusual what happened here and VERY suspect that after days of communication nobody, inclusive of the highest legal officer in the land, told Sam he couldnt do what he said he'd do
Posted 17 December 2022, 3:57 a.m. Suggest removal
killemwitdakno says...
There wasn't risk insurance.
Posted 20 December 2022, 10:49 p.m. Suggest removal
Porcupine says...
In business, we call this "opportunity costs".
All of our efforts, attention and money goes into sorry episodes like this.
With all of our serious, serious problems in this country, this is what we focus on.
We are a tabloid country, unable to move forward.
Superstition, ignorance and sordid politics rule the day.
Does any trend in our country look good right now?
Any?
Does anyone believe that the pirates were ever expelled?
Posted 16 December 2022, 7:12 a.m. Suggest removal
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