An apparently significant point: the guilty plea + press release from SEC asserts that their part in the fraud began in May 2019 - i.e., the date FTX was founded.
So, at least in SEC’s eyes, FTX was founded as a fraud and has been ever since. Seems the implication for recovery of funds would be that giving/grant date is irrelevant—it is likely to all be viewed as proceeds from fraud.
I think the language used in the plea, such as “between in or about” and by the SEC “between”, matters here, meaning there isn’t a clear date of when the fraud started, or at least not that they are stating as of yet.
I wouldn’t reach that much into these standard lawyerisms. Ellison and Wang also pretty much stipulated to the CFTC complaint in a separate document, and wouldn’t likely have done so if those dates were materially imprecise—the duration of the fraud will be, I think, a significant sentencing issue.
An apparently significant point: the guilty plea + press release from SEC asserts that their part in the fraud began in May 2019 - i.e., the date FTX was founded.
So, at least in SEC’s eyes, FTX was founded as a fraud and has been ever since. Seems the implication for recovery of funds would be that giving/grant date is irrelevant—it is likely to all be viewed as proceeds from fraud.
I think the language used in the plea, such as “between in or about” and by the SEC “between”, matters here, meaning there isn’t a clear date of when the fraud started, or at least not that they are stating as of yet.
I wouldn’t reach that much into these standard lawyerisms. Ellison and Wang also pretty much stipulated to the CFTC complaint in a separate document, and wouldn’t likely have done so if those dates were materially imprecise—the duration of the fraud will be, I think, a significant sentencing issue.
Ok, thanks. Retracted my comment since it was just a guess.