Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
While prosecutors are requesting that FTX founder Sam Bankman-Fried spend 40 to 50 years in prison for his crimes, the defense team is urging the judge to consider a sentence that’s roughly 90% shorter.
Bankman-Fried’s fate will be announced in Manhattan on Thursday morning by Judge Lewis Kaplan, who presided over the monthlong trial in November. Bankman-Fried was found guilty of seven charges tied to the collapse of crypto exchange FTX and the roughly $10 billion of customer deposits that went missing.
The hope for Bankman-Fried’s team is that Kaplan takes into account the increased likelihood that FTX customers will be able to recoup most, if not all, of the money they lost when the exchange spiraled into bankruptcy in 2022.
Lawyers representing the bankruptcy estate of FTX told a judge in Delaware last month that they expect to fully repay customers and creditors with legitimate claims. Bankruptcy attorney Andrew Dietderich, who works with FTX’s new leadership team, said “there is still a great amount of work and risk” ahead in getting all the money back to clients, but that the team has a “strategy to achieve it.”
It was a potentially dramatic change in the narrative surrounding FTX’s collapse 16 months ago. At the time, it was believed that many thousands of customers â reportedly up to a million â collectively lost billions of dollars that would be unrecoverable due to the lightly regulated and unsecured nature of the crypto industry. Those clients faced the real possibility that the vast majority of their money had evaporated, just like in other cases of hedge funds and lenders that failed during the so-called crypto winter of 2022.
Much of the government’s successful case against Bankman-Fried hinged on convincing the jury that the defendant had stolen billions of dollars worth of FTX customer money to make risky bets at Alameda.
For months, as FTX has wound its way through a Delaware bankruptcy court, new CEO John Ray III and his team of restructuring advisors have been clawing back cash, luxury property, and crypto, as well as tracking down missing assets. They’ve already collected more than $7 billion, and that doesn’t include valuables like $26 million in gifts and property to Bankman-Fried’s parents, or the $700 million handed over to K5 Global and founder Michael Kives, who invested FTX cash in companies like SpaceX that have since increased in value.
Bankman-Fried’s defense team has asked the court for a sentence in the range of 63 to 78 months. Beyond the fact that he’s a “first time, nonviolent offender,” attorneys for the FTX founder largely lean on the argument that Bankman-Fried’s risky bets paid off and the bankruptcy estate expects to fully repay FTX customers.
It’s a story that Bankman-Fried was trying to sell as he awaited trial.
“FTX US remains fully solvent,” Bankman-Fried wrote in a Substack post on Jan. 12, 2023, while he was under house arrest at his parents’ home in Palo Alto, California. He said the exchange “should be able to return all customers’ funds.”
One key asset in FTX’s portfolio is its stake in artificial intelligence startup Anthropic. Late last week, FTX’s bankruptcy estate struck a deal with a consortium of buyers to sell the majority of its Anthropic holdings for $884 million. Under Bankman-Fried’s leadership, FTX invested $500 million in the startup in 2021 before the boom in generative AI. The company’s valuation hit $18 billion in December 2023, which would put FTX’s roughly 8% stake at about $1.4 billion.
During Bankman-Fried’s trial, Kaplan denied the defense’s request that it be permitted to say that FTX’s investment in Anthropic was a smart bet.
‘Still guilty’
Renato Mariotti, a former prosecutor in the U.S. Justice Department’s Securities and Commodities Fraud Section, told CNBC that the more money the estate is able to recover for clients, the better for Bankman-Fried.
“If true, that is relevant and the judge is required to consider victim restitution at sentencing,” Mariotti said. “But even if victims weren’t harmed, he is still guilty of the offense.”
Mariotti said he expects the sentence to fall somewhere in between what the prosecution and defense are asking, predicting it will be “at least 20 to 25 years.”
Joseph Bankman and Barbara Fried arrive for the trial of their son, former FTX Chief Executive Sam Bankman-Fried, who is facing fraud charges over the collapse of the bankrupt cryptocurrency exchange, at Federal Court in New York City, U.S., October 26, 2023.Â
Brendan Mcdermid | Reuters
In addition to the Anthropic gains, FTX customers can look at the rebound in crypto for signs of optimism. Bitcoin is trading at close to $70,000, up from less than $17,000 at the time of FTX’s collapse.
Solana fits into a category of so-called “Sam coins,” a group that also includes Serum, a token created and promoted by FTX and Alameda. Solana saw a huge run-up of late, climbing more than eightfold since the end of September.
Meanwhile, FTX’s bitcoin stash, which was worth $560 million at the time of the September report, when the coin was trading at around $25,000, has seen a significant uptick as well. Bitcoin’s value has increased by around 180% since then.
For FTX customers, being made whole, according to a judge’s ruling, means getting the cash equivalent of what their crypto was worth in November 2022. In other words, they’re not seeing any of the upside of FTX’s investments or being given virtual coins that would allow them to cash out at higher valuations.
Braden Perry, who was once a senior trial lawyer for the Commodity Futures Trading Commission, told CNBC that Bankman-Fried faces at least 70 months in prison based on his base level offense, number of victims, sophisticated means and leadership role â even if there’s no monetary loss to the victims. The massive losses that were originally expected would suggest 30 years to life, Perry added.
On Monday, Jefferies initiated coverage on (NYSE: X) stock with a Buy rating, accompanied by a price target set at $45.00. The firm’s analysis suggests that US Steel’s valuation stands out within its peer group, noting that the company’s share price is notably lower than the offer from Nippon, which has been accepted. As a result, the firm sees significant potential for the stock.
The coverage highlights US Steel’s growth potential, particularly from its Big River 2 project, which is expected to contribute to the company’s volume growth. The firm also anticipates that US Steel will benefit from its position as a blast furnace-basic oxygen furnace (BF-BOF) operator, sharing advantages with industry counterpart Cliffs, especially given its current product mix.
The rationale behind the Buy rating includes several key factors. Jefferies points out US Steel’s relatively high leverage, which could be favorable in a context of strong demand and possible price increases. The firm also favors BF-BOF operators in a robust macroeconomic environment.
Another significant factor for the positive outlook is the expected demand surge following the resolution of the United Auto Workers strike. The strike’s end was previously a catalyst for a sharp increase in flat-rolled steel prices in late 2023, and similar dynamics could unfold moving forward, potentially benefiting US Steel.
Jefferies’ coverage suggests a promising outlook for US Steel, underpinned by a combination of valuation appeal, growth prospects, and favorable industry conditions. The $45.00 price target reflects this optimism for the stock’s future performance.
InvestingPro Insights
3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or
remove ads .
As Jefferies initiates coverage on US Steel with a bullish stance, real-time data from InvestingPro reinforces the potential that analysts see in the company. With a market capitalization of $8.07 billion and a price-to-earnings (P/E) ratio standing at 9.28, US Steel presents an investment profile that may appeal to value-oriented investors. The company’s adjusted P/E ratio has decreased to 8.02 in the last twelve months as of Q1 2024, indicating a potentially more attractive valuation compared to historical figures.
InvestingPro Tips highlight that US Steel has maintained dividend payments for 34 consecutive years, signaling a commitment to returning value to shareholders. Additionally, despite a decline in revenue growth by 12.6% in the last twelve months as of Q1 2024, the company remains profitable over the same period. These factors, combined with a solid track record of dividend payments, could be particularly reassuring for income-focused investors.
For those considering an investment in US Steel, there are 2 more InvestingPro Tips available that could provide further insights into the company’s prospects. To delve deeper into these expert analyses, visit https://www.investing.com/pro/X and don’t forget to use the exclusive coupon code PRONEWS24 to get an additional 10% off a yearly or biyearly Pro and Pro+ subscription.
This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.
Roula Khalaf, Editor of the FT, selects her favourite stories in this weekly newsletter.
Iran’s President Ebrahim Raisi has died in a helicopter crash, state media reported on Monday.
The helicopter carrying the president came down on Sunday in a remote and mountainous region of the country’s north-west, according to Tasnim News Agency, which is closely linked to the elite Revolutionary Guard. Rescue teams battled for hours to reach the crash site, with fog and snow hindering efforts.
State media showed video footage of a convoy of ambulances struggling to make their way through fog up a mountain road. The crash site was in Arasbaran Forest near the border with Azerbaijan, according to Tasnim.
Iran’s foreign minister Hossein Amir-Abdollahian was also on board the helicopter as part of Raisi’s entourage.
They were returning from a visit to the country’s north-western province of East Azerbaijan, where they took part in the inauguration of a dam. The president of northern neighbour Azerbaijan was present at the ceremony as well.
Raisi, 63, was elected in 2021 in a vote with a record-low turnout in the country’s history. He had been expected to seek re-election next year, and his name had emerged in political circles as a top candidate to succeed Iran’s supreme leader, 85-year-old Ayatollah Ali Khamenei.
The president showed unconditional loyalty to the ayatollah and maintained close relations with the Revolutionary Guard. After decades of tense relations between Iran’s presidents and the supreme leader over the extent of their powers, Raisi was the first to end these tensions.
The time it’s taking for some of China’s electric-car makers to pay suppliers is ballooning — a further sign of stress in the nation’s increasingly cutthroat auto market.
Nio Inc. was taking around 295 days to clear its receipts payable, the vast majority of which are owed to suppliers, at the end of 2023 versus 197 days in 2021, according to the most recent available data compiled by Bloomberg. Xpeng Inc., another US-listed Chinese EV maker, was taking 221 days to honor its obligations to vendors and related parties, up from 179 days, the data show.
Elon Musk’s Tesla Inc., by comparison, only took around 101 days, and that period has remained largely stable in the past three years.
The extended payment cycles are indicative of the pressure many automakers are under in China, where economic growth remains sluggish and consumer sentiment is subdued. That’s translated into reduced demand for electric cars, and the once fast-growing market is now beset with intense price wars and crunched profit margins.
Since Beijing phased out a national subsidy program for EV purchases in 2022, some smaller manufacturers have been pushed to the brink. WM Motors filed for restructuring in October, and Human Horizons Group Inc., the owner of premium EV brand HiPhi, suspended operations for at least six months in February.
“Everybody’s suffering,” said Jochen Siebert, managing director at consultancy JSC Automotive. “For manufacturers, price reductions mean less money coming in. So the money they owe to their suppliers may be necessary for them to remain liquid.”
Representatives for Nio and Xpeng didn’t respond to requests for comment.
Delayed payments are starting to have a knock-on effects at auto-parts suppliers, Siebert said.
“Tier-three or four suppliers really get bitten, because they can’t pass it on,” he said, adding the EV sector may see a “messy consolidation” as suppliers go bankrupt, quickly causing production issues for automakers down the line.
Indeed Jiaxing, Zhejiang-based Minth Group Ltd., a supplier of exterior body parts, saw its accounts and notes receivables surge more than 40% to 4.74 billion yuan ($656 million) as of December from the end of 2020, while its cash and equivalents shrank by almost one-third to 4.2 billion yuan over the same period, according to data compiled by Bloomberg.
Hunan Yuneng New Energy Battery Material Co., which is a major supplier to BYD Co., according to data compiled by Bloomberg, saw its accounts and notes receivables more than triple to 10.43 billion yuan at the end of 2022 from a year earlier, while cash reserves fell to 435.2 million yuan.
“The price war won’t end soon and the stress eventually will be delivered to suppliers,” said Zhu Lin, a Shanghai-based managing director with turnaround management firm Alvarez & Marsal.
“We’ve seen more car components producers approaching us to improve their performance and some of them are thinking about offloading unprofitable businesses,” Zhu said. “The weak ones in the supply chain will face a high risk of being kicked out of the game.”
Subscribe to the Eye on AI newsletter to stay abreast of how AI is shaping the future of business. Sign up for free.
