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US trustee files objection to FTX’s choice of lawyers

A U.S. trustee has filed an objection to FTX hiring the New York law firm Sullivan and Cromwell. 

The filing by U.S. Trustee Andrew Vara, dated Jan. 13, claimed potential conflicts of interest due to S&C’s previous connections with the collapsed crypto exchange. 

“S&C’s disclosures as filed are wholly insufficient to evaluate whether S&C satisfies the Bankruptcy Code’s conflict-free and disinterestedness standards,” it read. 

As noted in the filing, FTX’s general counsel Ryne Miller worked at S&C for eight years. 

“The S&C Application is virtually silent as to both its connections to the Debtors and the work it did for the Debtors,” said Vara. “For example, the S&C Application omits the fact that the General Counsel of certain of the Debtors, Mr. Ryne Miller, was a partner at S&C until about 14 months before the filing.” 

It also noted that the S&C application to represent FTX does not provide any details about the types of services S&C provided to the exchange previously, including as it was in the process of collapsing. 

The Block reached out to S&C for comment but had not heard back by the time of publication. 

As a U.S. trustee, Vara is a part of the Department of Justice, which supervises bankruptcy proceedings in the United States and has a duty to ensure that bankrupt entities are not engaging in activities that would be detrimental to creditors or others with interests in the case.

Previously, Vara objected to the planned sale of its subsidiaries of LedgerX, FTX Europe and FTX Japan.

Disclaimer: Beginning in 2021, Michael McCaffrey, the former CEO and majority owner of The Block, took a series of loans from founder and former FTX and Alameda CEO Sam Bankman-Fried. McCaffrey resigned from the company in December 2022 after failing to disclose those transactions. 

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Tom Matsuda

The three biggest crypto stories from the past week

Crypto is never short for news. This week we’ve seen Gemini continue to face off with Digital Currency Group, FTX’s new leadership said it located $5 billion of assets and crypto prices rallied. 

DCG vs. Gemini continues 

Gemini President Cameron Winklevoss and DCG CEO Barry Silbert traded open letters on Twitter this week as their feud heated up. 
 
Crypto exchange Gemini’s yield program has been frozen since Genesis’s lending unit temporarily halted redemptions after the collapses of FTX and crypto hedge fund Three Arrows Capital. Since then, relations between Silbert and Winklevoss have soured. 
 
On Jan. 10, Gemini’s Winklevoss demanded the removal of Silbert in an open letter, alleging that Genesis and its parent company DCG defrauded Gemini and users of its Earn program.
 
Notably, the letter laid out a list of accusations involving DCG and failed crypto hedge fund Three Arrows Capital (3AC). In the letter, Winklevoss claimed that Genesis lended “recklessly” to 3AC because the crypto hedge fund was using the cash for its Grayscale net asset value trade. He said that the money helped balloon the AUM of the Grayscale Bitcoin Trust and thus the fees earned by its sponsor, another DCG subsidiary. 
 
It didn’t take long for Silbert to release his own open letter, in which he rebutted the list of accusations made by Winklevoss. He also claimed that DCG never co-mingled funds with any of its subsidiaries, as suggested by the Gemini president in early January. Silbert did concede that Genesis had a “trading and lending relationship” with the collapsed crypto hedge fund that later defaulted on its loans.
 
Shortly after Silbert’s letter was released, Gemini terminated its loan agreements with Genesis Global Capital and officially ended its Earn program. 

FTX finds $5 billion

Collapsed crypto exchange FTX located $5 billion in assets this week, tied up in cash and liquid crypto. FTX attorney Andy Dietderich said during a bankruptcy court hearing in Delaware on Wednesday morning that the firm had located the assets.  

Currently, FTX’s new leadership is prioritizing the sale of four of its entities: LedgerX, Embed, FTX Japan and FTX Europe. 

While names of major equity holders in FTX, including venture capitalist Peter Thiel and celebrities Tom Brady and Kevin O’Leary have become public in court, Judge John Dorsey decided to keep most customer and creditor names private for at least three more months. 

Crypto says new year, new me

Rather than plummeting in price, cryptocurrencies began trading higher during the tail end of the week. Underpinned by heightened activity in the digital asset futures market, the price of Bitcoin was trading at $20,692 at 6:35 a.m. ET Saturday. 

Elsewhere, Solana was trading up more than 30% over the last 24 hours, while ether was trading up 7.7%. Crypto’s rally is also tracking with upticks in traditional U.S. markets, notably the S&P 500 and Nasdaq. 

Disclaimer: Beginning in 2021, Michael McCaffrey, the former CEO and majority owner of The Block, took a series of loans from founder and former FTX and Alameda CEO Sam Bankman-Fried. McCaffrey resigned from the company in December 2022 after failing to disclose those transactions. 

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Tom Matsuda

Heightened activity in futures market underpins crypto rally

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Frank Chaparro

FTX’s $5 billion haul fails to boost price of bankruptcy claims, Xclaim says

When liquidators of collapsed crypto exchange FTX revealed they had located $5 billion in assets this week, one might assume that any bankruptcy claims would jump in price. 

They barely budged, according to Matt Sedigh, the founder and CEO of Xclaim, a marketplace for buying and selling bankruptcy claims. 

“[It] had very minimal impact on our marketplace, where you would think that if you find $5 billion, it certainly enhances the value. It didn’t by much, it increased prices by about a penny,” Sedigh said. 

FTX claims are currently trading on the Xclaim marketplace for as much as 15.5 cents on the dollar for pristine claims, which are those that have all the appropriate supporting documentation. Other claims tend to trade around 2% to 3% lower.

Last week, FTX claims were sitting at about 13.5 cents on the dollar. The pricing is dynamic, often moving with the market’s views of how quickly the bankruptcy proceedings might be resolved.

Trading crypto bankruptcy claims

Bankruptcy claims are an incredibly illiquid asset class. Sedigh designed the marketplace to help solve this problem, enabling claimants to cash out quickly by selling to another party rather than waiting for a lengthy bankruptcy process to conclude. 

Xclaim currently offers bidding on claims for four crypto bankruptcy cases: Celsius, FTX, BlockFi and Voyager. They are trading at as much as 18.5 cents, 15.5 cents, 32.5 cents and 41 cents on the dollar respectively for pristine claims. 

Two components tend to drive their valuations, Sedigh said. 

First, the valuation of underlying assets divided by the number of creditors expected to receive payments. Second, the timeline of claims, Sedigh said. 

A long road ahead for FTX

The best comparison with FTX may be the Bernie Madoff case, which has been an extremely long bankruptcy process. 

Madoff was handed a 150-year prison sentence after he pleaded guilty to running a multibillion-dollar Ponzi scheme that lost many investors’ life savings. The bankruptcy case was filed in 2008 and payments are still being made to creditors. 

“Any FTX customer who’s looking for cash, or expecting cash in the next two years, I would feel very strongly saying that they’re unlikely to see that,” Sedigh said. “Prices will go up if they find more assets, or if they gain more certainty. Prices will go down if those assets are worthless and litigation would extend the timeline.” 

Who has an appetite for distressed assets ?

Despite this, there’s still an appetite to buy claims. As claims trading is an unregulated industry, Xclaim has doubled its buyer base by allowing individuals to register “buy” claims, Sedigh said. 

Many of the buy-side clients are crypto traders themselves, representing the bull side of the market. Finding sellers of claims can be harder because the contact information for holders is currently nonpublic. 

“The way we’ve been engaging with them is it is actually marketing for us when we accomplish a trade,” Sedigh said. “Every single trade needs to be recorded with the court, so every time a trade occurs, our name is popping up on the docket and people that are motivated to collect what they are owed will find opportunities, like ours, to cash out.” 

The claims market is not regulated and the hunt for value in crypto claims has attracted individual investors as well as institutional players, Sedigh said. “Anyone that remains a crypto bull or bear can come in and trade.”

Sellers of claims tend to be institutional investors such as crypto hedge funds with external shareholders or investors who want to close out positions, offset the hit against taxes and move on.

Singapore-based crypto trader QCP Capital has at least $97 million with FTX and has been trying to sell its claim, The Block reported last month. Other firms known to have assets on FTX include Multicoin Capital, Genesis Block HK, Nickel Digital Asset Management and Galois Capital. The impact on Genesis Block HK was so significant that the firm shut down its over-the-counter trading business in December after almost 10 years of operation.

Since July, XClaim has processed about $152 million worth of claims across the four bankruptcy cases and registered upward of 200 claims, Sedigh said. 

“We have registered many more buyers, particularly because of FTX, because they believe there’s an opportunity there, but the trading hasn’t been as fast as the other cases, at least not to date,” Sedigh said.

Disclaimer: Beginning in 2021, Michael McCaffrey, the former CEO and majority owner of The Block, took a series of loans from founder and former FTX and Alameda CEO Sam Bankman-Fried. McCaffrey resigned from the company in December 2022 after failing to disclose those transactions.

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Kari McMahon and Benjamin Robertson

Justin Sun eyes up to $1 billion spend on DCG assets: Reuters

Tron founder Justin Sun is reportedly considering spending as much as $1 billion on assets of crypto conglomerate Digital Currency Group, which owns troubled crypto lender Genesis among several notable crypto firms. 

While Sun did not specify which assets he was considering, he said in an interview with Reuters that he would be willing to spend as much as $1 billion, “depending on their evaluation of the situation.” 

The Block reached out to DCG for comment but did not hear back by the time of publication. DCG declined to comment to Reuters. 

On Thursday, a Financial Times report said that DCG was looking to sell parts of its venture portfolio to plug the $3 billion Genesis owes its creditors. The crypto lender temporarily froze loan redemptions in November, citing the collapses of FTX and crypto hedge fund Three Arrows Capital. The firm later warned of a possible bankruptcy without procuring extra funding. 

Sun has previously expressed interest in buying other firms when there were concerns about their market health. 

When it first emerged that crypto exchange FTX was embroiled in a liquidity crisis, Sun said that he was working on a “solution” with FTX, but no deal materialized. 

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Tom Matsuda

Bitcoin mining report: Jan. 13

Bitcoin mining stocks tracked by The Block were mostly higher on Friday, with 13 gaining and the other 5 declining.

Bitcoin rose 5.2% to $19,827 by market close.

Here is a look at how the individual miners performed today:

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Catarina Moura

Congo national park’s bitcoin mining bet saved it from going bust: MIT Tech Review

Nestled on the eastern edge of the Congo basin, the Virunga National Park is the second-largest tropical rainforest in the world, home to half of Africa’s terrestrial animals and a third of the last mountain gorillas.

Plagued by a dramatic fall in tourism following kidnappings, Ebola and then COVID-19, work to preserve its conservation efforts turned to an unlikely bedfellow — bitcoin mining.

As park director Emmanuel de Merode explained in a report from MIT Technology Review, park revenue fell 40% following the collapse of tourism. With the Congolese government contributing only around 1% of the budget it needed, the park was in desperate need of money.

“It’s not something we expected, but we had to work out a solution. Otherwise, we would have gone bust as a national park,” de Merode said.

That’s where bitcoin mining came in. De Merode and his park colleagues decided to leverage Virunga’s river-run hydro plant to power $200,000 worth of bitcoin mining rigs. The plant was already built, with plans to increase the energy network gradually, but all that had come to a halt.

By embarking on a bitcoin mining project, de Merode’s team hoped to earn some profits to compensate for the shortfall in revenue while providing a viable way to utilize its hydropower resources to benefit the park and its local population.

‘Bitcoin City’

The mining rigs set up camp in Luviro, a hamlet just outside Virunga, with the help of crypto investor Sébastien Gouspillou. His company, Big Block Green Services, also advised El Salvador on its Bitcoin City and another hydro-powered bitcoin mining project in the Central African Republic.

Virunga started mining in September 2020, becoming the world’s first known national park-operated bitcoin mine, just as the bitcoin bull market was taking off. “We were lucky — for once,” de Merode said.

Fast-forward to today, and 10 chrome green containers, each 40 feet long and holding 250 to 500 machines, are directly powered by the hydro plant’s four-meter turbines. They grind the days away in pursuit of bitcoin rewards while helping secure over $370 billion of network value.

Virunga’s gorillas are an endangered species, but the park also cashed in on rare apes of a digital kind, teaming up with NFT project CyberKongz to auction off gorilla NFTs at Christie’s. Some of the $1.2 million raised paid for two of the three containers owned by Virunga.

The remaining seven containers are owned by Gouspillou, paying Virunga for the power used, but retaining the mining rewards for his investors.

Profitable and green

Virunga’s bitcoin mining proceeds are already helping the park’s conservation efforts, and funding jobs and infrastructure projects, including roads and water pumping stations. 

That’s proved to be popular for many working in and around the park. Still, not everyone is convinced of Bitcoin’s conservation credentials. In fact, its detractors often criticize it for the opposite — mainly due to the amount of energy required to run mining operations, with the electricity usually generated from fossil fuels. The director-general of the European Central Bank even called it an “unprecedented polluter.”

Despite the criticism, for Gouspillou, it’s about the model deployed rather than bitcoin mining itself. “People say it’s bad for the environment, but here it’s clean energy. It’s a formula that could be replicated,” he said.

Michael Saylor, the co-founder of the business intelligence firm MicroStrategy known for investments in and advocacy of bitcoin, agreed. It was “the ideal high-tech industry to put in a nation that has plenty of clean energy but isn’t able to export a product or produce a service with that energy,” he said. 

Bear Market

Despite the market turmoil that has rocked the industry over the past year with falling prices, scandal and bankruptcies, Virunga has largely been able to weather the storm.

“Even if bitcoin dropped to 1% of its value, the 10 containers would remain profitable,” de Merode said, estimating that bitcoin mining generated around $500,000 for the national park last year. 

It’s “an incredibly good investment for the park,” he added. “We’re not speculating on its value; we’re generating it. We’re making bitcoin out of surplus energy and monetizing something that otherwise has no value. That’s a big difference.” 

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: James Hunt

Bitcoin steady above $19,000 at the US close as traditional markets rise

Bitcoin was up o.6% at the close of U.S. markets, trading around $19,460 while traditional markets reversed earlier losses to close higher. 

The biggest cryptocurrency is up almost 16% over the past seven days, according to CoinGecko.

The S&P 500 and Nasdaq both started the day lower, only to close at 0.38% and 0.71%, respectively.

Bitcoin returned to the $19,000 level on Thursday for the first time since Nov. 8, when the FTX implosion was kicking off.

BTCUSD chart by TradingView

Coinbase closed up more than 5%, Silvergate rose above 3% and Galaxy Digital increased 1.72%.

Disclaimer: Beginning in 2021, Michael McCaffrey, the former CEO and majority owner of The Block, took a series of loans from founder and former FTX and Alameda CEO Sam Bankman-Fried. McCaffrey resigned from the company in December 2022 after failing to disclose those transactions.

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Christiana Loureiro

Digital asset-focused trading funds dominate top 14 equity ETFs in 2023: Bloomberg

Digital asset-focused trading funds comprised the top 14 equity exchange traded funds (ETFs) in 2023 (excluding leveraged funds), according to data compiled by Bloomberg. 

Some of the top performers include the Valkyrie Bitcoin Miners ETF (WGMI), which rose 67% in the past year, as well as the VanEck Digital Assets Mining ETF (DAM), which rose 56%. Notable mentions also include the VanEck Digital Transformation ETF (DAPP), Global X Blockchain ETF (BKCH) and the Bitwise Crypto Industry Innovators ETF (BITQ), which all increased by double-digit percentages. 

The moves reverse ETF performance last year, which saw cryptocurrencies frequently falling in value, and notable companies like FTX implode. Though markets are recovering somewhat, the rallying digital asset-focused funds could be tied to the performance of crypto more generally, director of ETFs at WallachBeth Capital Mohit Bajaj told Bloomberg. 

Though the U.S. SEC maintains high standards for digital asset-focused ETFs, other international ETF launches, like Hong Kong’s bitcoin and ether ETFs released on Dec. 15, 2022, have attracted millions in investment.

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: MK Manoylov

Scaramucci changes tone on FTX, says its clear now there was fraud

Anthony Scaramucci has done a 180 on FTX.

“It’s very clear now that there was fraud,” the SkyBridge Capital founder told CNBC. “We’ll, of course, have to let the legal system determine all of those things.”

Scaramucci had been hesitant to proclaim fraud in the immediate aftermath of the collapse of the crypto exchange last year, telling CNBC TV at the time that he didn’t want to use the word “because that’s actually a legal term.” Scaramucci told The Block that the guilty pleas last month of FTX co-founder Gary Wang and former Alameda Research co-CEO Caroline Ellison changed his mind.

Bankman-Fried’s FTX Ventures took a 30% stake in SkyBridge Capital in September, with the partnership born out of Scaramucci’s involvement with the SALT conference, Bankman-Fried said at the time. The SkyBridge founder has reiterated the fund’s intention to buy back the FTX stake this year.

“We’re waiting for the clearance from the bankruptcy people, the lawyers, and the investment bankers to figure out exactly what we’re going to be buying back and when,” he said.

Disclaimer: Beginning in 2021, Michael McCaffrey, the former CEO and majority owner of The Block, took a series of loans from founder and former FTX and Alameda CEO Sam Bankman-Fried. McCaffrey resigned from the company in December 2022 after failing to disclose those transactions.

© 2023 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Adam Morgan McCarthy and Frank Chaparro


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