Why law firm Fenwick & West says it is not to blame for FTX’s mess

TL;DR Breakdown

  • Fenwick & West, a prominent law firm, has filed a motion to dismiss allegations that it aided in FTX’s alleged fraudulent activities, marking its first public defense in the case.
  • The firm argues that their services for FTX were “routine” legal services and that they should not be held liable for the actions of their client, FTX co-founder Sam Bankman-Fried.

Description

The law firm Fenwick & West has filed a motion to dismiss allegations that it played a role in the fraud committed by its client, the cryptocurrency exchange FTX. The motion, filed by lawyers from Gibson, Dunn & Crutcher, marks Fenwick’s first public defense against claims that it helped FTX conceal millions in stolen customer … Read more

The law firm Fenwick & West has filed a motion to dismiss allegations that it played a role in the fraud committed by its client, the cryptocurrency exchange FTX. The motion, filed by lawyers from Gibson, Dunn & Crutcher, marks Fenwick’s first public defense against claims that it helped FTX conceal millions in stolen customer funds. 

In a motion, the law firm argues that its services were “routine” legal work and should not be construed as aiding and abetting FTX’s alleged fraudulent activities.

The scope of Fenwick’s involvement

The motion outlines three key areas where Fenwick provided legal services to FTX: hiring lawyers who later joined FTX, forming corporations used by FTX co-founder Sam Bankman-Fried, and advising on regulatory compliance. Moreover, the motion vehemently denies the plaintiff’s claim that the law firm should be held liable for Bankman-Fried’s alleged misuse of these legal services. 

In the motion, they said, “A lawyer’s representation of a client and knowledge of their employees does not make them omniscient as to the client’s inner workings.”

Fenwick has a long history of representing esteemed Silicon Valley companies like Apple, Oracle, and Facebook. Now, the firm finds itself in the crosshairs, accused of causing damages due to the collapse of FTX, one of its clients.

The larger context: Third parties under scrutiny

Fenwick & West is not the only entity facing legal repercussions in the wake of FTX’s November 2022 collapse. Accounting firms, celebrity endorsers, and even high-profile marketers employed by FTX are also under scrutiny. Several of these celebrities, including Tom Brady and Stephen Curry, have filed separate motions to dismiss litigation against them. These motions claim that the plaintiffs have not provided any factual evidence to support their allegations.

In addition to Fenwick’s legal team, the motion was co-authored by three attorneys from the Florida law firm Gunster, Yoakley & Stewart. This adds another layer of complexity to the case, which is part of multidistrict litigation in the US District Court for the Southern District of Florida. Multiple groups of FTX customers are seeking to hold Fenwick liable for its involvement with the crypto exchange.

The case also has implications for Fenwick’s former employees who later joined FTX. Daniel Friedberg, once the chair of Fenwick’s payments practice, became FTX’s chief regulatory officer. Can Sun, a former Fenwick associate, served as its general counsel. Both are implicated in the allegations that Fenwick knew about FTX’s breach of fiduciary duties and helped conceal customer funds.

Federal prosecutors have also shown interest in Fenwick this year. A March court filing revealed that the firm received federal law enforcement subpoenas. Sam Bankman-Fried sought these subpoenaed documents for his October criminal trial, but a New York federal judge denied his request. The Justice Department stated that these documents did not relate to his criminal case, without providing further details.

Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decisions.

文章来源于互联网:Why law firm Fenwick & West says it is not to blame for FTX’s mess

Disclaimers:

1. You are solely responsible for your investment decisions and this info is not liable for any losses you may incur.

2. The copyright of this article belongs to the writer, it represents the writer's opinions only, not represents the site's ones. Not financial advice.

Previous 2023年9月26日 06:09
Next 2023年9月26日 07:00

Related articles

  • Shutdowns and low returns plague crypto hedge funds

    TL;DR Breakdown 13% of crypto hedge funds have shut down in 2023 due to weak performance and banking difficulties. Average returns of 15.2% were significantly outpaced by Bitcoin’s 83.3% gain in the first half of 2023. Many funds missed Bitcoin’s surge, holding cash after the 2022 turmoil, including FTX’s collapse. Description Crypto hedge funds are caught in a whirlwind of chaos and disappointment. The turbulent start to 2023 has seen a significant number of these funds shutter their operations, with returns that lag far behind the soaring performance of Bitcoin. Let’s unravel the troubling factors that have led to this industry-wide crisis. The Perfect Storm: Low … Read more Crypto hedge funds are caught in a whirlwind of chaos and disappointment. The turbulent start to 2023 has seen a significant number of these funds shutter their operations, with returns that lag far behind the soaring performance of Bitcoin. Let’s unravel the troubling factors that have led to this industry-wide crisis. The Perfect Storm: Low Returns, Banking Difficulties, and Regulatory Hurdles The first half of 2023 painted a gloomy picture for…

    Article 2023年8月6日
  • US stocks fall, treasury yields rise as Fed’s next move remains uncertain

    TL;DR Breakdown US stocks experienced a significant decline, with all three major indices ending the day with substantial losses. The decline was attributed to a sharp drop in chip stocks and mixed economic data, leading to decreased investor risk appetite. Treasury yields saw an increase ahead of the upcoming Federal Reserve policy meeting. Description US stocks experienced a significant decline, while Treasury yields saw an increase. This downturn was attributed to a sharp drop in chip stocks and mixed economic data, which decreased investor risk appetite. That marked a negative finish to a turbulent week. All three major US stock indices concluded the day with substantial losses, particularly impacting … Read more US stocks experienced a significant decline, while Treasury yields saw an increase. This downturn was attributed to a sharp drop in chip stocks and mixed economic data, which decreased investor risk appetite. That marked a negative finish to a turbulent week. All three major US stock indices concluded the day with substantial losses, particularly impacting the tech-heavy Nasdaq due to the performance of chipmakers. Mixed market performance as…

    Article 2023年9月16日
  • FATF calls for stronger regulation to combat money laundering

    TL;DR Breakdown The FATF has called for the need to strengthen regulations across the world to combat money laundering. The upcoming report will highlight risks and call for instant action. Description The Financial Action Task Force (FATF), the global money-laundering watchdog, has emphasized the need to address regulatory gaps in the compliance system for virtual assets. During its third plenary held in Paris, attended by over 200 delegates, the FATF assessed the level of adoption of its recommendations concerning virtual assets and virtual asset service providers … Read more The Financial Action Task Force (FATF), the global money-laundering watchdog, has emphasized the need to address regulatory gaps in the compliance system for virtual assets. During its third plenary held in Paris, attended by over 200 delegates, the FATF assessed the level of adoption of its recommendations concerning virtual assets and virtual asset service providers (VASPs). FATF wants regulatory agencies to tackle money laundering Reports and evaluations indicate that a significant majority of jurisdictions represented at the plenary were either partially compliant or non-compliant with these recommendations. In a publication released…

    Article 2023年6月28日
  • Australian exchange partners with PayPal to evade banking restrictions

    TL;DR Breakdown Australian exchange Independent Reserve has inked a partnership with PayPal for ease of payments. Addressing banking limitations in Australia. Description In a strategic move to counter the escalating restrictions imposed by Australian banks on cryptocurrency exchange payments, the CEO of Independent Reserve, a prominent crypto exchange, has announced a groundbreaking partnership with global payments giant, PayPal. Independent Reserve, a notable player in the Australian crypto exchange landscape, has aligned with PayPal to introduce a unique … Read more In a strategic move to counter the escalating restrictions imposed by Australian banks on cryptocurrency exchange payments, the CEO of Independent Reserve, a prominent crypto exchange, has announced a groundbreaking partnership with global payments giant, PayPal. Independent Reserve, a notable player in the Australian crypto exchange landscape, has aligned with PayPal to introduce a unique on-ramp mechanism. Users can fund their accounts using their PayPal wallets This innovation allows Independent Reserve’s customers to directly fund their crypto accounts using fiat from their PayPal wallets. Additionally, the partnership empowers users to withdraw funds from the crypto exchange through their PayPal accounts….

    Article 2023年8月26日
  • Senator slams crypto for putting Americans at risk

    TL;DR Breakdown Senator Sherrod Brown raises concerns over the lack of transparency in cryptocurrency disclosures. Brown reaches out to finance and trade leaders, including Treasury Secretary Janet Yellen and SEC Chair Gary Gensler, urging collaboration and strengthened oversight. The senator emphasizes the dangers of diluting America’s high investment standards and warns against minimal disclosure requirements for digital assets. Description While cryptocurrency continues its aggressive surge into mainstream finance, not everyone in the corridors of power is thrilled. Senator Sherrod Brown, representing Ohio, has sounded a clarion call on the clear pitfalls and risks it poses for the ordinary American. A Cry for Clarity in the Crypto Wild West The sweeping tidal wave of crypto … Read more While cryptocurrency continues its aggressive surge into mainstream finance, not everyone in the corridors of power is thrilled. Senator Sherrod Brown, representing Ohio, has sounded a clarion call on the clear pitfalls and risks it poses for the ordinary American. A Cry for Clarity in the Crypto Wild West The sweeping tidal wave of crypto has left regulatory bodies and government officials scrambling…

    Article 2023年9月15日
TOP