Jul 18, 2024 12:25
FTX, a bankrupt cryptocurrency exchange, and the United States CommoditiesFutures Trading Commission (CFTC) have agreed to a $12.7 billion settlement.This agreement resolves a 19-month lawsuit. The settlement follows months ofnegotiations and now awaits court approval, as shown in a July 12 filing.
Settlement Includes Restitution
The CFTC sued FTX, its former CEO Sam Bankman-Fried, and FTXs sistertrading firm Alameda Research in December 2022. The lawsuit claimed the firmcommitted fraud and made misrepresentations by marketing FTX.com as a digitalcommodity asset platform.
The settlement agreement includes $8.7 billion in restitution and $4 billionin disgorgement. The CFTC did not seek a civil monetary penalty. FTXacknowledged, Given the conduct, guilty pleas, and convictions of the FTXInsiders, the Debtors face very substantial potential liability to the CFTC.The commodities regulator is the most significant single creditor" inChapter 11 bankruptcy cases, FTX added.
The Proposed Settlement is an integral and valuable component of theDebtors proposed chapter 11 reorganization plan, said Commodity FuturesTrading Commission senior trial attorney Carlin R. Metzger and FTXs CEO JohnJ. Ray III. It resolves ongoing litigation and disputes with one of thelargest creditors of the Debtors, avoids the cost and delay of furtherlitigation, and mitigates a significant risk of diminution of the assetsavailable for distribution to creditors.
FTX and CFTC agree to $12.7 billion settlement following months of negotiations https://t.co/18sLFikd7Y
The Block (@TheBlock__)
July 16, 2024Settlement Hearing Scheduled August 6
A hearing on the settlement is set for August 6 in the Bankruptcy Court forthe District of Delaware. FTXs proposed reorganization plan would see a 118%return for 98% of the creditors with claims under $50,000, based on the USdollar value of asset prices at the time of FTXs bankruptcy filing in November2022.
Many FTX creditors have expressed apreference for a cryptocurrency payout in-kind, considering the markets 166%increase in market cap since FTXs bankruptcy filing. Creditors are currentlyvoting on their preferred payout method. They have until August 16 before USBankruptcy Court Judge John Dorsey makes a final decision on October 7.
This article was written by Tareq Sikder at www.financemagnates.com.