Sam Bankman-Fried Extradition from Bahamas
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Mr. Bankman-Fried’s
team is expecting that he will appear in a Nassau court
for additional proceedings
FTX
co-founder has been in custody in Nassau since his arrest Monday
FTX co-founder Sam Bankman-Fried
is planning to consent to extradition to the U.S. to face criminal charges related
to the cryptocurrency exchange’s collapse, people familiar with the matter said.
Mr. Bankman-Fried has
been in custody in the Bahamas since he was arrested last Monday in connection with
several U.S. criminal charges, which
were unsealed a day later. Federal prosecutors in Manhattan
have charged Mr. Bankman-Fried with fraud and money-laundering offenses, alleging
he defrauded customers, lenders and investors. They also alleged
he violated campaign-finance rules by making illegal political
contributions.
Mr. Bankman-Fried’s legal plans are still in flux and could change in the
coming days depending on developments surrounding his case, one of the people familiar
with the matter said. Mr. Bankman-Fried’s team is expecting
that he will appear in a Nassau court for additional proceedings as soon as Monday,
the person said.
Lawyers for Mr. Bankman-Fried
didn’t respond to requests for comment. A spokesman for the U.S. attorney’s office
declined to comment.
Details about the conditions
of Mr. Bankman-Fried’s custody have been sparse in recent
days. He has been detained at a facility in Nassau known as Fox Hill Prison that
has faced criticism for its conditions in the past.
Mr. Bankman-Fried’s team had delivered meals that met his dietary needs,
but as of Friday weren’t sure whether he had received them, another person familiar
with the matter said.
Mr. Bankman-Fried’s case in Manhattan has already been assigned to U.S.
District Judge Ronnie Abrams. If and when he is transferred from the Bahamas to
the U.S., he would be expected to make an initial court appearance shortly thereafter,
where the charges against him could be read and he may enter a plea. Mr. Bankman-Fried
could also make a request for bail. He was denied bail in the Bahamas last week.
If Mr. Bankman-Fried waives
his right to challenge extradition, agents from the Federal Bureau of Investigation
would accompany him to the U.S. on a government plane, according to a person familiar
with the thinking of U.S. law enforcement.
His plans to agree to
extradition were reported earlier by Reuters.
FTX, a global cryptocurrency
exchange that managed billions in assets for customers, collapsed in November as
allegations surfaced that it was funneling customer money
to fund trades that went south at Alameda Research, a crypto hedge fund owned by
Mr. Bankman-Fried. New FTX management estimates that the company has
lost more than $7 billion in assets.
In a string of media appearances
prior to his arrest, Mr. Bankman-Fried denied knowingly commingling customer funds.
However, U.S. authorities have claimed he used customer funds from the start of
his cryptocurrency exchange to support his hedge fund and to make venture investments,
real-estate purchases and political donations.
The indictment of Mr.
Bankman-Fried included an array of broad charges but provided few specifics about
the executive’s alleged conduct. Legal observers said that approach would give prosecutors
flexibility in navigating the rules involving extradition, because it would be difficult
to add more charges later on.
Separate from the criminal
charges, the Securities and Exchange Commission brought related civil charges against
Mr. Bankman-Fried. The Commodity Futures Trading Commission also sued him, linking
his allegedly fraudulent conduct at Alameda and FTX to markets that the CFTC regulates.
Before his arrest, Mr.
Bankman-Fried had been scheduled to appear virtually before Congress last Tuesday.
Mr. Bankman-Fried has
been based since last year in the Bahamas, where he moved FTX’s headquarters from
Hong Kong. The subsidiary housing FTX’s international exchange is domiciled in the
Bahamas and most of FTX’s core operations were managed out of Nassau.
Since resigning as FTX’s
chief executive in November, Mr. Bankman-Fried has been cooperating with authorities
in the Bahamas on the wind-down of the exchange. Separately, John J. Ray III, FTX’s
new chief executive, has sought bankruptcy protection for around 100 other FTX subsidiaries,
including Alameda Research and FTX’s American business unit.
Mr. Ray and his lawyers
have accused the Bahamas of taking money belonging to the bankrupt FTX away from
their reach as those authorities have wound down the Bahamian company housing the
exchange.
They have also asserted
that Mr. Bankman-Fried has been directly cooperating with Bahamian officials to
help orchestrate the seizure of funds belonging to the bankrupt companies. Testifying
before Congress on Tuesday, Mr. Ray estimated that Bahamian authorities
moved several hundreds of millions of dollars away from their control in November.
Because of lax corporate
controls and a lack of detailed record-keeping at FTX, Mr. Ray testified, there
could be an unknown amount of cryptocurrency assets located in wallets that his
team has no record of and may have no control over.
For their part, Bahamian
officials have said they are acting in accordance with local laws
and are looking to protect FTX creditors. Bahamas Attorney General Ryan Pinder disputed
the accusations made by Mr. Ray, saying “the prospect of multimillion-dollar fees
is driving their legal strategy and intemperate statements.”
FTX’s chapter 11 case
is in its early stages. The company is scheduled to appear in bankruptcy court in
January over ongoing disputes it has with the Bahamian authorities, who have asked
Mr. Ray and his lawyers to disclose email records and company data they are seeking
as they wind up FTX’s insolvent Bahamian subsidiary. FTX will also be in court next
month for a separate hearing to seek approval for critical vendor payments, as well
as to settle a dispute over keeping the identities of FTX’s largest customers and
creditors anonymous, which the bankrupt exchange has requested.