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Week In Crypto: Third Former FTX Exec Pleads Guilty, Kraken Loses Banking Partner

March 3, 2023
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Another former FTX executive pleads guilty to fraud, Signature Bank will no longer handle most USD transfers for Kraken, French MPs vote for stricter licensing requirements for crypto firms and more Binance blues.

Another former FTX executive pleads guilty to fraud, Signature Bank will no longer handle most USD transfers for Kraken, French MPs vote for stricter licensing requirements for crypto firms and more Binance blues.

A former FTX director has pleaded guilty to six criminal charges, including wire fraud, conspiracy to commit money laundering and campaign finance violations.

Nish Singh, former director of engineering at FTX and Alameda Research, has also said he will testify against his former boss Sam Bankman-Fried, who has pleaded not guilty to eight criminal charges.

Singh is the third member of Bankman-Fried鈥檚 inner circle to plead guilty, following guilty pleas from Gary Wang, co-founder of FTX, and Caroline Ellison, former CEO of FTX-linked trading firm Alameda Research.

In its latest , the US Department of Justice (DOJ) alleges that Singh conspired with other FTX executives to 鈥渄efraud customers鈥 by 鈥渕isappropriating customers鈥 deposits鈥 and using them to pay debts, expenses and to make investments.

Details of the investments are redacted in the filing 鈥 they are referred to only as 鈥渟pecific property鈥 鈥 and will be forfeited to the US government as the case continues.

Separately, this week the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC) published new civil complaints related to Singh鈥檚 misleading statements to banks and investors.

In the CTFC case, it that Singh had knowledge of FTX鈥檚 fraudulent use of North Dimension, an Alameda-owned shell company that Bankman-Fried used to receive FTX customer deposits (when FTX was unable to open a bank account under its own name).

鈥淒uring the Relevant Period, Singh knew of this process and of access Alameda was granted to FTX鈥檚 systems that enabled Alameda鈥檚 continued and undisclosed holding and use of FTX customer funds,鈥 the complaint notes.

Meanwhile, the SEC that Singh had knowledge of and helped devise fraudulent accounting schemes at FTX, producing false balance sheets that were used to raise money from investors.

In late 2021, for example, when Bankman-Fried realised that he was $50m short of his goal to earn $1bn in annual revenue at FTX, he instructed Singh to transfer funds from another entity that he controlled, and to falsely characterise the $50m as FTX revenue.

鈥淪ingh then backdated a series of fraudulent transfers, and later lied to auditors about the transfers and created false documentation to support those lies,鈥 the complaint notes.

鈥淗e did so knowing that this information would later also be presented to investors and potential investors.鈥

Kraken loses US banking partner

In the past week, Kraken has become the latest crypto exchange to lose most of its access to Signature Bank, a New York-based commercial bank that previously served major crypto companies including Binance and FTX.

In an sent to customers, Kraken said that from March 15, USD deposits via Signature Bank will be discontinued for non-corporate clients and, from March 30, USD withdrawals via Signature Bank will be discontinued for non-corporate clients.

Kraken encouraged customers to consider alternative USD funding options and said the decision was made 鈥渄ue to changes made by Signature Bank鈥.

In January, as covered by VIXIO, Signature Bank a strategic withdrawal from the crypto sector due to reduced deposits and a 鈥渃hallenging environment鈥 following the FTX collapse.

Clouds gather over Silvergate Bank

Also this week, signs of turbulence gathered around Silvergate Bank, another US-based commercial bank that works closely with crypto-sector clients.

In a to the SEC, Silvergate Bank鈥檚 parent company said it will be unable to publish its full-year 2022 earnings report on time, due to 鈥渁dditional losses鈥 that have come to light since its previous earnings report, and due to ongoing 鈥渞egulatory and other inquiries and investigations鈥.

The company said the additional losses could result in the bank being 鈥渓ess than well-capitalised鈥, and could affect its 鈥渁bility to continue鈥 over the next 12 months, once the losses are publicised.

The stock of Silvergate Capital, owner of Silvergate Bank, fell as much as 25 percent when the filing was reported.

French MPs vote for tougher licensing rules for crypto firms

The French National Assembly has voted in favour of a that will impose stricter licensing requirements on crypto-asset service providers (CASPs).

The bill, which by 109 to 71 votes this week, is part of a wider campaign to align France鈥檚 national-level crypto regulations with those of the EU via the Market In Crypto-Assets Regulation (MiCA).

The legislation, which had already been passed by the Senate in February, will now go to President Emmanuel Macron, who has 15 days to sign it or return it to the legislature.

If signed into law, the new licensing rules would end a grace period that currently allows more than 60 crypto platforms to operate in France without a full licence.

Instead, all CASPs would need to obtain a full licence from the Financial Markets Authority (FMA) beginning in October.

The bill also includes provisions on segregation of client assets and prohibitions on the use of client assets for purposes other than custody.

In May last year, Binance became the first crypto firm to be a full licence to operate in France.

After the licence was granted, Binance CEO Changpeng Zhao said that Paris will serve as the company鈥檚 regional hub in Europe.

Coinbase quietly delists Binance stablecoin

Binance鈥檚 rival exchange Coinbase has that it will delist the Binance stablecoin (BUSD) on March 13.

In a statement, Coinbase said that based on its 鈥渕ost recent reviews鈥, BUSD no longer meets Coinbase鈥檚 鈥渓isting standards鈥.

Last month, as reported by VIXIO, a New York regulator ordered BUSD issuer Paxos to cease issuance of new BUSD tokens, due to lack of oversight of its relationship with Binance.

Since then, more doubt has been cast on BUSD, including in an by Forbes that was published this week.

According to Forbes, towards the end of 2022, Binance transferred $1.8bn of BUSD collateral to hedge funds, including Bankman-Fried鈥檚 Alameda Research, leaving BUSD holders exposed to collateral and counterparty risk.

Binance CEO Zhao to Forbes on Twitter, describing the article as "FUD" 鈥 a crypto term for manufactured "fear, uncertainty and doubt" about a certain asset or company.

鈥淚 am reluctantly spending time on FUD again,鈥 said Zhao. 鈥淔orbes wrote another FUD article with lots of accusatory questions, with negative spins, intentionally misconstruing facts.鈥

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