Page 714 - 《期货和衍生品行业监管动态》(2022年合集)
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期货和衍生品行业监管动态




                        Ellison and Wang do not contest their liability on the CFTC’s claims. Both have
                   agreed to the entry of consent orders of judgment as to their liability for engaging in

                   fraud in violation of Section 6(c)(1) of the Commodity Exchange Act and CFTC

                   Regulation 180.1.


                        “With today’s charges we continue to move aggressively to hold all individuals

                   who commit fraud accountable and protect customers from additional harm and losses.

                   In the absence of a comprehensive regulatory framework over digital assets, the

                   CFTC will use all of its existing power and authority to protect all market participants,

                   while ensuring the integrity of commodity markets,” said CFTC Chairman Rostin

                   Behnam.


                        “Today’s filings also include concessions of liability by two individuals who, as

                   charged, engaged in significant violations of the Commodity Exchange Act and CFTC
                   regulations, often at the direction of Bankman-Fried,” added CFTC Acting Director of


                   Enforcement Gretchen Lowe. “The CFTC will also continue to work cooperatively
                   with our law enforcement partners in the U.S. and abroad to conduct rapid and

                   comprehensive investigations to address fraudulent wrongdoing.”


                        Case Background


                        The initial complaint and the amended complaint allege that from at least May

                   2019 through November 11, 2022, Bankman-Fried controlled both FTX.com, a

                   centralized digital asset derivative trading platform, and Alameda, a trading firm that

                   operated as a primary market maker on FTX. As charged, FTX promoted itself as “the

                   safest and easiest way to buy and sell crypto” and represented that customers’ assets,

                   including both fiat and digital assets including bitcoin and ether, were held in

                   “custody” by FTX and segregated from FTX’s own assets. To the contrary, FTX

                   customer assets were routinely accepted and held by Alameda and commingled with
                   Alameda’s funds. Bankman-Fried, Ellison, and Wang engaged in a fraudulent scheme


                   to misappropriate FTX customer assets for use by Alameda and by FTX and Alameda
                   executives, including luxury real estate purchases, political contributions, and




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