Exclusive: FTX’s former top lawyer aided U.S. authorities in Bankman-Fried case

Jan 5 (Reuters) – FTX’s former leading attorney Daniel Friedberg has cooperated with U.S. prosecutors as they look into the crypto firm’s collapse, a source acquainted with the subject reported, including pressure on founder Sam Bankman-Fried who was arrested on legal fraud charges previous month.

Many other former FTX executives have also engaged counsel to examine their cooperation with prosecutors, two independent resources reported.

Friedberg gave specifics about FTX in a Nov. 22 meeting with two dozen investigators, the particular person said. The assembly, held at the U.S. Attorney for the Southern District of New York’s office environment included officials from the Justice Division, Federal Bureau of Investigation, and the U.S. Securities and Trade Commission, the supply reported. E-mail in between attendees scheduling the meeting with those people businesses ended up observed by Reuters.

At the conference, he instructed prosecutors what he realized of Bankman-Fried’s use of consumer funds to finance his business empire, the resource claimed. Friedberg recounted discussions he had with other prime executives on the subject and provided aspects of how Bankman-Fried’s hedge fund Alameda Research functioned, the supply mentioned.

Friedberg’s cooperation has not been earlier documented. He has not been charged and has not been explained to he is beneath prison investigation, the source said. Alternatively, he expects to be known as as a federal government witness in Bankman-Fried’s October trial, the particular person claimed.

Friedberg’s attorney, Telemachus Kasulis, and FTX did not answer to requests for remark on his cooperation. The SEC, the Department of Justice, the FBI, and Bankman-Fried’s spokesman declined to comment.

Bankman-Fried is accused of diverting billions of dollars in FTX client funds to Alameda to bankroll undertaking investments, luxury authentic estate purchases, and political donations. On Tuesday, he pleaded not guilty in Manhattan federal courtroom.

Manhattan U.S. Legal professional Damian Williams, who is major the legal situation from now bankrupt FTX, claimed last month: “If you participated in misconduct at FTX or Alameda, now is the time to get forward of it.”

Two of Bankman-Fried’s closest associates, Caroline Ellison, Alameda’s former main executive, and Gary Wang, FTX’s previous chief technological know-how officer, have previously pleaded guilty to fraud and agreed to cooperate. A attorney for Ellison didn’t reply to a ask for for comment. Wang’s law firm declined to remark.

Other previous FTX executives are currently being represented by two legal professionals at U.S. business Steptoe & Johnson, Michelle Levin and Jason Weinstein, who are engaged in conversations with the U.S. Attorney’s Business about their opportunity cooperation, according to two men and women common with the talks, which have not been beforehand documented.

A Steptoe spokesperson did not reply to a request to comment.

Conference WITH PROSECUTORS

FTX submitted for bankruptcy security on Nov. 11.

A couple of times afterwards, on Nov. 14, Friedberg acquired a simply call from two FBI brokers dependent in New York. He instructed them he was ready to share details but desired to request FTX to waive his lawyer-consumer privilege, according to a particular person acquainted with the matter and e-mail seen by Reuters.

Friedberg wrote to FTX the subsequent day inquiring the business to waive his privilege so he could cooperate with prosecutors, according to the e-mail noticed by Reuters. FTX did not do so, but agreed with Friedberg on the details he could disclose to investigators, the human being mentioned.

Friedberg then wrote again to the two FBI agents, telling them in an email reviewed by Reuters: “I want to cooperate in all respects.”

The U.S. Attorney’s Office environment set up a assembly in which Friedberg signed so-called proffer letters organized for him by the SEC and other businesses, according to the source and an email exchanged by individuals. Proffer letters generally explain a possible agreement in between authorities and men and women who are witnesses or topics of an investigation.

“By way of THICK AND Skinny”

Prior to his get the job done advising FTX, Friedberg suggested a combine of banking, fintech, and on-line gaming businesses.

A person of his preceding businesses, a Canadian online gaming firm named Excapsa Computer software, where he was normal counsel, also drew controversy because of to a cheating scandal involving a poker web site it operated termed Ultimate Wager. A Canadian gaming commission in 2008 fined Best Wager $1.5 million for failing to implement steps to protect against fraudulent activities. Excapsa has considering the fact that dissolved.

In accordance to an audio recording readily available on the web site PokerNews, Friedberg and some other Best Bet associates privately reviewed that year how to deal with the scandal and decrease the total of refunds owed to players. Friedberg earlier told NBC News that the audio was illegally recorded but NBC’s article did not say that Friedberg challenged its authenticity.

Friedberg first represented Bankman-Fried in 2017 as outside the house counsel when at U.S. law company Fenwick & West, where by he chaired its payment methods group, the source common with the subject mentioned. At the time, the resource mentioned Friedberg encouraged Bankman-Fried on running Alameda, which he launched that calendar year.

In 2020, when Bankman-Fried introduced a independent trade for U.S. buyers named FTX.US, Friedberg moved in-dwelling as FTX’s chief regulatory officer.

In a now-deleted blog site put up released that yr on FTX’s website, Bankman-Fried wrote that Friedberg was FTX’s authorized advisor “from the quite beginning,” noting he had been “with us through thick and slim.”

Friedberg resigned from his place on Nov. 8, a working day soon after Bankman-Fried disclosed to leading executives that FTX was pretty much out of cash, according to the supply and 3 other people briefed on the talks, together with text messages his authorized staff exchanged at the time.

Further reporting by Hannah Lang enhancing by Megan Davies and Anna Driver

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