Bankman-Fried oversaw the crypto exchange as it plunged into bankruptcy.
The U.S. Securities and Exchange Commission on Tuesday charged Sam Bankman-Fried, the embattled former CEO of cryptocurrency giant FTX and trading firm Alameda Research, with defrauding investors.
"FTX's collapse highlights the very real risks that unregistered crypto asset trading platforms can pose for investors and customers alike," Gurbir S. Grewal, director of the SEC's Division of Enforcement, said in a statement.
Bankman-Fried was arrested Monday in the Bahamas after federal prosecutors in New York filed criminal charges contained in a sealed indictment, according to the Royal Bahamas Police Force. He appeared in court in the Bahamas on Tuesday and was denied bail after a judge determined he was too much of a flight risk.
Sam Bankman-Fried's lawyer, Mark S. Cohen, offered his first comments on the arrest of his client Tuesday morning.
"Mr. Bankman-Fried is reviewing the charges with his legal team and considering all of his legal options," Cohen said in a statement.
Bankman-Fried was scheduled to make his first court appearance in the Bahamas Tuesday.
John Ray, the new CEO of bankrupt crypto exchange FTX, who oversaw the dissolution of Enron, testified before House members on Tuesday that FTX lacked corporate controls to an extent he had never witnessed.
“I’ve never seen an utter lack of record keeping,” Ray said. “Absolutely no internal controls.”
Earlier this year, FTX was valued at $32 billion. Within weeks of a customer sell-off totaling billions of dollars, the company declared bankruptcy.
Company officials communicated invoice and expense reports over Slack, an internal messaging service, Ray said.
He said FTX employees used the accounting software QuickBooks, which is popular among small businesses.
“Nothing against QuickBooks – it’s a very nice tool,” Ray said. “Not for a multibillion-dollar company.”
The eight-count indictment from the Southern District of New York charges Sam Bankman-Fried with conspiracy and fraud.
The indictment also said Bankman-Fried provided false and misleading information to lenders about the true financial condition of Alameda, his privately held crypto hedge fund.
There's a final count of conspiracy to violate campaign finance laws through political donations that concealed the source and exceeded the permissible amount.
"In or about 2022, Samuel Bankman-Fried, the defendant, and one or more other conspirators agreed to and did make corporate contributes to candidates and committees in the Southern District of New York that were reported in the name of another person," the indictment said.
Federal prosecutors were expected to elaborate on the charges at an afternoon news conference in Manhattan.
While the full criminal charges have yet to be released, the Securities and Exchange Commission released it's complaint against Sam Bankman-Fried early Tuesday.
"It’s serious," said Brendan Quigley, a former federal securities fraud prosecutor in New York who is now a partner at Baker Botts. "Assuming they can show promises were made to counterparties, investors or clients about where money was going to go, and that it didn't go there, that's a serious offense, probably wire fraud at least."
Bankman-Fried’s public statements could come back to haunt him, including an interview with ABC News' George Stephanopoulos.
"The big thing will be if SDNY can shows conflicts either between his public statements or between his current public statement and something that was said or promised to investors," Quigley said.
