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Subscribe11 OCT 2024 / TECHNOLOGY
When FTX went from a crypto darling to a colossal disaster, the shockwaves reverberated across the financial world. Fast forward nearly two years since its sudden collapse, FTX is back in the spotlight—this time for a court-approved bankruptcy plan aiming to repay customers using $16.5 billion in recovered assets. This news comes amid intensified scrutiny of the crypto sector, with the SEC ramping up oversight and admitting its past approach has been, as Commissioner Mark Uyeda put it, “a disaster for the whole industry” (Fox Business) (Finbold). As one famous American saying goes, "The bigger they are, the harder they fall," and FTX's fall was seismic. Here’s how the company plans to make things right for its customers and what financial professionals can glean from this high-stakes ordeal.
So, who’s first in line to get their money back? According to U.S. Bankruptcy Judge John Dorsey, who green-lit the repayment plan, 98% of FTX’s customers will be made whole within 60 days of the plan’s effective date—at least those with $50,000 or less in their accounts. This decision has been met with a mix of relief and frustration.
Judge Dorsey praised the plan as “a model case” for handling a complex Chapter 11 bankruptcy, and FTX’s CEO, John Ray, backed that sentiment. Ray even commented that FTX’s efforts could serve as a blueprint for future complex bankruptcy cases. But, it’s not all sunshine and rainbows. The crypto markets have rebounded sharply since FTX’s downfall, and creditors feel they’re missing out on these gains. Lawyer David Adler, representing a group of disgruntled creditors, remarked, “Seeing Bitcoin rise from $16,000 to over $63,000 while we’re offered pennies on the dollar doesn’t exactly feel like justice.”
The repayment plan’s clincher? Most customers will be paid 118% of their account value as calculated in November 2022. If you’re doing the math, that might sound pretty generous. But customers who saw Bitcoin soar after FTX’s bankruptcy argue they’re shortchanged in light of crypto’s recovery. FTX insists there’s no feasible way to pay customers in actual crypto because, well, there’s hardly any left in the vault.
The big selling point of FTX’s repayment plan is the 119% return on customers' allowed claims, based on their account values from November 2022. But here’s the rub: crypto prices have skyrocketed since then. Bitcoin, for example, has exploded, leaving some creditors feeling like they’re getting the short end of the stick.
FTX maintains that repaying customers in the original cryptocurrency holdings is just not an option. At the time of the bankruptcy filing, the exchange held a laughable 0.1% of the Bitcoin its customers thought they had. And buying back that much crypto on the open market? One of FTX’s financial advisers, Steve Coverick, called the idea “exorbitantly expensive.”
Other exchanges have handled things differently, like Japan’s infamous Mt. Gox, which managed to reimburse customers in Bitcoin. But unlike Mt. Gox, FTX’s collapse revealed severe mismanagement, largely due to its founder, Sam Bankman-Fried, who allegedly used customer funds to plug holes at his hedge fund, Alameda Research. With billions lost and no real crypto assets left to redistribute, FTX’s solution has been to rely on cold, hard cash instead of digital coins.
You might be wondering how FTX found billions of dollars after such a catastrophic collapse. The answer is part asset recovery, part liquidation, and a dash of luck. The bankruptcy team sold off investments in various tech companies, including its high-profile stake in AI startup Anthropic, for nearly $900 million. It’s a bit ironic that one of the company’s most significant investments turned out to be in an AI startup, considering AI wasn’t exactly what brought the house down.
FTX also secured settlements with U.S. government agencies like the Commodity Futures Trading Commission (CFTC) and the IRS, and Bahamian liquidators, all of whom agreed to prioritize customer repayments over penalties and taxes. This collaborative approach allowed FTX to focus on returning money to its customers, rather than sending it to Uncle Sam.
In a move that speaks volumes about the depth of the chaos, FTX’s current CEO, John Ray, had to rebuild the company’s financial records from scratch. Ray, who famously led Enron through its bankruptcy, called this case “uniquely challenging,” but he also noted that the team’s relentless work is what made these recoveries possible. Talk about piecing together a jigsaw puzzle with half the pieces missing!
So, what’s the takeaway for those of us not in the business of running crypto exchanges? The FTX saga highlights a few key lessons that resonate well beyond the crypto sphere.
The FTX collapse has spurred conversations about the need for tighter regulation and transparency in financial services. The company’s troubles started when founder Sam Bankman-Fried diverted customer funds without oversight. For accountants, tax professionals, and finance experts, it’s a sobering reminder of why governance matters. If customers can’t see where their money is going, it’s easier for funds to go places they shouldn’t.
FTX’s case underscores that even assets as seemingly tangible as crypto can vanish in a flash. For financial advisors, it’s a lesson in caution: don’t let clients rely too heavily on assets that can evaporate overnight. While crypto can offer big gains, it can also lead to big losses, especially when a lack of oversight and rampant mismanagement are thrown into the mix.
As FTX’s customers now know, playing the crypto game means understanding that sometimes, you lose, and you lose big. But the bankruptcy team’s ability to recover billions offers hope for future financial disasters. With careful planning and a focus on getting funds back to customers, even a crashed exchange can offer some relief to its creditors.
It may sound like a buzzkill, but the FTX case highlights the importance of regulatory checks in high-stakes industries. Accountants, auditors, and financial consultants who help clients navigate regulatory frameworks are crucial in ensuring a business’s financial health. In an era where digital assets are just a click away, having a safety net of well-enforced regulations is more important than ever.
While the FTX collapse has left a mark on the crypto industry, it’s not all gloom and doom. Like the saying goes, every dark cloud has a silver lining. The hard lessons learned here could push for stronger regulations and more transparent practices, ultimately paving the way for a more resilient crypto landscape in the future. Don’t miss a beat! Subscribe for a weekly rundown, tailored for today’s professionals on the go, delivered right to you.
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