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The ongoing FTX fallout — and bankruptcies earlier this year for lenders Celsius Network and Voyager Digital — is teaching crypto investors a hard lesson about their protections relative to more traditional asset classes. Howey Co., established the so-called Howey test to determine what constitutes a security, or "investment contract." More on how the Howey test works can be found below. Here's why this is important for crypto: It's unclear in many cases if digital assets are an "investment contract" under the 76-year-old Howey test. The Securities Investor Protection Corporation insures investors for up to $500,000 in the event a brokerage firm liquidates and their holdings are tied up in the insolvent firm.
CME Group CEO Terry Duffy said he called Sam Bankman-Fried a "absolute fraud" in March. "Right away my suspicions were up," Duffy told CNBC on Tuesday. "Right away my suspicions were up," Duffy told CNBC on Tuesday, after he initially recounted his meeting with Bankman-Fried last week on the "On the Tape" podcast. "And then when I met with [Bankman-Fried], I knew right away this a joke, this is absolutely going nowhere." "You're a fraud, you're an absolute fraud," Duffy said he told Bankman-Fried at the meeting in March earlier this year.
watch nowHow orange groves impact crypto protectionsThe reason why largely hinges on a 1946 Supreme Court case about investors in Florida orange groves. Howey Co. — established the so-called Howey test to determine what constitutes a security, or "investment contract." (More on how the Howey test works can be found below.) Here's why this is important for crypto: It's unclear in many cases if digital assets are an "investment contract" under the 76-year-old Howey test. Why the 'security' distinction mattersThe Howey test has four parts to determine if something like bitcoin is an "investment contract."
In an interview with Insider, the director of financial markets for OKX recounted two phone calls he had with Sam Bankman-Fried before FTX collapsed. Bankman-Fried initially asked for $1 billion to $2 billion from OKX, but called back hours later asking for more. The exec advised Bankman-Fried to consult the CEO of Binance regarding the liquidity of FTX's native token, FTT. To save FTX, Bankman-Fried sought emergency capital from rival crypto exchanges, including OKX, which says it's the second-largest crypto exchange by spot trading volume. In an optimal scenario, OKX would've created a strategic partnership with FTX, Lai explained, since it strengthens the industry if big players could support one another.
FTX: Inside the crypto giant's downfall
  + stars: | 2022-11-18 | by ( Allison Morrow | ) edition.cnn.com   time to read: +9 min
Crypto contagionThe crypto industry is on edge, waiting for the next dominoes to fall. Soon after FTX went down, crypto firms were inundated requests from customers seeking to claw their money back — the crypto equivalent of a run on the bank. The pain isn’t confined to crypto companies. SBF had become a fixture in Washington, too, where he regularly traveled to lobby lawmakers for greater regulatory clarity for the crypto industry. “It’s about fraud and the power of virtue signaling.”He added: “This scandal, far from destroying crypto, practically ensures that crypto will be around for a long, long time.”
It's a stark reversal for five-year-old Multicoin, which announced a $430 million fund in July, its third and largest to date. "We put entirely too much trust in our relationship with FTX," Multicoin managing partners Kyle Samani and Tushar Jain wrote in the 3,400-plus word letter, which CNBC obtained. Multicoin said it doesn't expect the crypto market to turn anytime soon. "Many trading firms will be wiped out and shut down, which will put pressure on liquidity and volume throughout the crypto ecosystem. The crypto market has experienced multiple pullbacks in the last few years and has bounced back.
Sam Bankman-Fried, founder and CEO of crypto exchange FTX. Amid the implosion of crypto exchange FTX, I'm sure many of you had a similar thought creep into your mind. That would be unfathomable that he would do that — even if your prop shop went down, why would you risk a $32 billion exchange business that prints money?" The lake-side castle the New York Yankees legend put on the market four years ago is now reportedly going to auction with an opening bid of $6.5 million. Keep updated with the latest business news throughout your day by checking out The Refresh from Insider, a dynamic audio news brief.
Sheila Bair, a top regulator during the 2008 financial crisis, told CNN there are eerie similarities between the dramatic rise and fall of Bankman-Fried and FTX and that of infamous Ponzi scheme mastermind Bernie Madoff. Bair notes that 30-year-old Bankman-Fried, like Madoff, proved adept at using his pedigree and connections to seduce sophisticated investors and regulators into missing “red flags” hiding in plain sight. Up until the bankruptcy filing, FTX even had an application pending with federal regulators to clear derivatives, The Wall Street Journal reported. FTX’s bankruptcy filing indicates it had liabilities of $10 billion to $50 billion at the time of the filing. — If you are an FTX customer and want to discuss how you have been impacted by the bankruptcy, please reach out to Matt.Egan@CNN.com
Come December, oil prices in particular will come under pressure as the European Union imposes fresh sanctions on Russia. Oil prices are about to hit $120 a barrel, and they're likely going to stay high for two years. The Energy Aspects senior analyst said that Europe is facing troubling supply issues that are unlikely to go away anytime soon. "OPEC's been very protective of making sure there's a floor to prices," Gallarati said. What's something that you think could help ease oil prices heading into 2023?
Alameda's success spurred the launch of crypto exchange FTX in the spring of 2019. A Twitter fight with the CEO of rival exchange Binance pulled the mask off the scheme. Alameda, FTX and a host of subsidiaries Bankman-Fried founded have filed for bankruptcy protection in Delaware. On Nov. 2, CoinDesk reported a leaked balance sheet showing that a significant amount of Alameda's assets were held in FTX's illiquid FTT token. On Nov. 6, according to Bankman-Fried, the exchange had roughly $5 billion of withdrawals, "the largest by a huge margin."
The implosion of the FTX crypto exchange vaporized billions of dollars overnight. The disaster is being called crypto's Lehman Brothers moment, but Lehman had more than $600 billion in real assets that were salvageable. Sure, Lehman Brothers equity investors were completely wiped out, as will be the investors in FTX, but that's the risk equity investors assume when they buy in. According to a report from the Financial Times, FTX held less than $1 billion in liquid assets against $9 billion in liabilities. Compare that to Lehman Brothers going bankrupt with $639 billion in assets against $613 billion in debts.
It gives maybe the clearest, most entertaining breakdown of how many, many very bad bets on subprime mortgages kickstarted the 2008 Financial Crisis. The most serious domino to fall 14 years ago was Lehman Brothers, the classic too-big-to-fail behemoth that did in fact go under. All this is a roundabout way of saying the collapse of Sam Bankman-Fried's crypto exchange, FTX, is severe and dramatic enough to warrant its own movie in a few years. Reminisce with me for a moment: In the years leading up to 2008, Lehman Bros loaded up its balance sheet with huge amounts of subprime mortgage debt. Lehman went under, and the world sunk into its worst financial crisis since the Great Depression.
3 traders tell what drew them to FTX and how they now have money stuck inside it. Wintermute, a large crypto trading firm, stopped trading on FTX, but still had some funds stuck on the US exchange, CoinDesk reported. The three traders who spoke to Insider all acknowledged having some amount of money stuck inside FTX, despite some pretty sophisticated risk management strategies. FTX's collapse was precipitated when FTX sent billions of dollars to Alameda to cover losses, The Wall Street Journal reported. Bankman-Fried may now face charges for wire fraud, the Wall Street Journal reported this week after talking with securities lawyers about how the US laws might apply.
Bahamian police questioned FTX founder Sam Bankman-Fried on Saturday, Reuters reported. The police say they are investigating if "criminal misconduct occurred" tied to the downfall of FTX. Bankman-Fried was rumored to have fled to Argentina earlier this weekend. The Royal Bahamas Police questioned Bankman-Fried to discover if any "criminal misconduct occurred," Reuters reported on Sunday. The Financial Times later reported that FTX held only $900 million in sellable assets against $9 billion in liabilities.
You would just stay mum, enabling investors to expect another raise of 75 basis points, especially if retail sales this week come in above expectations. The best that can be said, though, is that the two days up to end last week seem significant — especially in light of the collapse of FTX. As a subscriber to the CNBC Investing Club with Jim Cramer, you will receive a trade alert before Jim makes a trade. Jim waits 45 minutes after sending a trade alert before buying or selling a stock in his charitable trust's portfolio. If Jim has talked about a stock on CNBC TV, he waits 72 hours after issuing the trade alert before executing the trade.
Two years later, Bankman-Fried and his team launched FTX, a crypto exchange platform with perks like low trading fees and advanced options for traders. At his peak, Bankman-Fried was worth $26 billion, though his net worth had dropped to $16 billion before this week. In early November, crypto publication CoinDesk released a bombshell report that called into question just how stable Bankman-Fried's empire really was. Now, the FTX drama is creating a ripple effect throughout the crypto industry. Industry experts told Insider that the saga might encourage regulators to try to crack down on the crypto industry, or make big banks wary of letting customers trade crypto.
The fall of cryptocurrency exchange FTX has drawn numerous comparisons to the collapse of Lehman Brothers. But a former Securities and Exchange Commission official likened FTX to the Theranos and Bernie Madoff debacles. "This is worse than Theranos, this is worse than Madoff," John Reed Stark told Yahoo Finance. But a former Securities and Exchange Commission official likened FTX to the Theranos and Bernie Madoff debacles. Stark noted "sophisticated" FTX investors have had to write down their holdings, even after performing due diligence on its financials.
Crypto CEO warns his industry faces 2008-style crisis
  + stars: | 2022-11-11 | by ( Matt Egan | ) edition.cnn.com   time to read: +2 min
New York CNN —The reeling crypto industry faces a 2008-style crisis that will lead to a much-needed regulatory crackdown, crypto CEO Changpeng Zhao warned on Friday. We’ve been set back a few years,” Zhao, the CEO of cryptocurrency exchange Binance, said during a conference in Indonesia. “Regulators, rightfully, will scrutinize this industry much, much harder, which is probably a good thing to be honest,” Zhao said. The Binance CEO accused FTX of “misappropriating” user funds. Bankman-Fried, the 30-year-old crypto wunderkind behind FTX, said on Friday he’s “really sorry” about what happened at his firm.
The FTX implosion is not a Lehman Brothers moment that will spread risk to stocks, according to Jeremy Siegel. "It's not a Lehman moment because the value has already gone down so much," Siegel said. One thing traditional assets like stocks and bonds have that crypto doesn't is the backing of the Federal Reserve. As some people say, 'Is this a Lehman moment if it [prices] really goes down?' "One thing that's really important: back when Lehman went under, I had money in money market mutual funds.
But first, where does Wall Street go from here? A warning sign for Wall Street to get out now before it's in too deep. Insider's Rebecca Ungarino and Danielle Walker examined what the knock-on effects of FTX's blowup mean for Wall Street's crypto plans. A key part of Wall Street's adoption of crypto was working with intermediaries bridging the gap between the two worlds. Read more on how FTX's blow up might impact Wall Street' long-term crypto plans.
Experts have drawn comparisons between the collapse of crypto exchange FTX and the fall of Lehman Brothers in 2008. Here's how the two events compare and what FTX's fall means for the broader financial system. In the years leading up to the Great Financial Crisis, Lehman loaded its balance sheet with vast amounts of subprime mortgage debt. When the "bank run" began this week, FTX didn't have the funds to meet withdrawal requests. But compared to 14 years ago, it probably won't be FTX's downfall that sparks a broader financial crisis, Allen said.
The fall of crypto exchange FTX will likely bring regulatory scrutiny with it – and Coinbase may emerge as a winner, analysts say. “We believe today's events could potentially accelerate regulatory scrutiny on these offshore exchanges on both a national and global basis," a team of Cowen analysts said in a note this week. Retail trading will face several near-term headwinds in the aftermath of the FTX saga – lower crypto adoption, depressed prices, more regulatory scrutiny, potential FTX-related contagion. “Longer term, we expect Coinbase to benefit from clear leadership in adherence to regulatory compliance,” Cowen said. "We view Coinbase as the most regulatory compliant crypto platform globally.” That sentiment was echoed by others on Wall Street this week.
There's still lots of upside in Coinbase shares despite the recent volatility within the broader crypto market, according to Oppenheimer. Bitcoin hit a low not seen since 2020 as the crypto market responded to the chaotic moves. "The crypto industry has been going through a calamitous hurricane from the fallout of FTX," Lau said in a note to clients. "It has turned from a Bear Stearns moment when Binance signed a non-binding LOI, to a Lehman Brothers moment when Binance walked away from the deal one day after." Lau said Coinbase has said it has "very little exposure" to FTX, which is considered to be on the brink of collapse.
Here are Thursday's biggest calls on Wall Street: JPMorgan downgrades Roblox to neutral from overweight JPMorgan downgraded the stock after Roblox's earnings report, noting it now sees "modest" sales growth. Bank of America downgrades Silvergate to neutral from buy Bank of America said that Silvergate is losing it's first mover advantage. Bank of America downgrades Upstart to underperform from neutral Bank of America downgraded the consumer lending company and cited a tough macro environment. JPMorgan downgrades Vacasa to neutral from overweight JPMorgan said in its downgrade of the vacation booking company that trends appear soft. Bank of America reiterates Meta as neutral Bank of America said it's encouraged by the new "cost focus" at Meta as the company cuts jobs.
Coinbase – The cryptocurrency exchange was up 9.6% after Oppenheimer said Coinbase was well-positioned while the larger sector was having its "Lehman Brothers moment." Rivian – The electric vehicle maker jumped 18% after the company reported a smaller-than-expected quarterly loss and said its production would remain on track despite supply chain snafus. Bumble – Shares of the company known for its dating platforms added 6.4% even after Bumble issued a weak current quarter revenue forecast and missed expectations. ZipRecruiter – The hiring platform jumped 16.5% after it beat expectations for the quarter and raised its full-year forecast. Dutch Bros – Shares of coffee chain Dutch Bros surged 18.2% after the company reported solid quarterly earnings that beat Wall Street expectations.
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