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      Page 27 - 期貨和衍生品行業(yè)監(jiān)管動態(tài)(2024年8月刊)
      P. 27

      期貨和衍生品行業(yè)監(jiān)管動態(tài)
      
      
      
      
                              同意令了結了 CFTC 對 FTX 的訴訟,但案件仍然對包括 Bankman-Fried 在
      
                         內的四名被告處于未決狀態(tài)。在其正在進行的訴訟中,CFTC 尋求對受欺詐的受
      
                         害者的賠償、追繳違法所得、民事罰款、永久的交易和注冊禁令,以及永久禁止
      
                         進一步違反《美國商品交易法》和 CFTC 聯邦法規(guī)的行為。
      
      
                         CFTC Obtains $12.7 Billion Judgment Against FTX and Alameda (2024/8/8)
      
      
                              Restitution and Disgorgement Damages to Pay Fraud Victims
      
      
                              The Commodity Futures Trading Commission today announced the U.S. District
      
                         Court for the Southern District of New York entered a consent order of permanent
      
                         injunction and other equitable relief against FTX Trading Ltd. and Alameda Research
      
                         LLC (together, FTX) and ordered FTX to pay $12.7 billion in monetary relief to FTX
      
                         customers and victims of FTX’s fraud. The order requires FTX to pay $8.7 billion in
      
                         restitution and $4 billion in disgorgement, which will be used to further compensate
      
                         victims for losses suffered as a result of the massive fraudulent scheme orchestrated
      
                         by Samuel Bankman-Fried, his now-bankrupt FTX group of companies, and a core
      
                         group of FTX insiders. [See CFTC Press Release Nos. 8638-22, 8644-22, 8669-23].
      
      
                              In addition, the order finds FTX violated the Commodity Exchange Act (CEA)
      
                         and CFTC regulations, imposes injunctions against further violations of the CEA and
      
      
                         CFTC regulations as well as trading and registration prohibitions, and requires FTX
      
                         and Alameda to cooperate with the CFTC in its ongoing litigation. The order finds
      
                         FTX and Alameda made material misrepresentations and omissions to customers. The
      
                         court noted that FTX touted itself as “the safest and easiest way to buy and sell
      
                         crypto,” and that customer assets, including digital assets such as Bitcoin and Ether,
      
                         were held in “custody” by FTX while stating FTX segregated customer assets from
      
                         FTX’s own assets as a general principle, when in fact customer funds were
      
                         commingled and misappropriated.
      
      
                              In a related settlement agreement approved by the Bankruptcy Court for the
      
                         District of Delaware, the CFTC agreed not to seek a civil monetary penalty against
      
      
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