Customers of FTX allege that Fenwick & West significantly contributed to the exchange's deceitful practices in an updated legal complaint
In a dramatic turn of events, law firm Fenwick & West is facing a barrage of accusations in an amended lawsuit over their role in the collapse of cryptocurrency exchange FTX. The lawsuit, which was initially filed in Delaware, alleges that the firm played a central and active role in enabling the fraudulent collapse of FTX.
The amended lawsuit accuses Fenwick & West of structuring shell companies and entities, such as Alameda Research, FTX, and North Dimension, with no legal safeguards. These entities, the lawsuit claims, were used to commingle and misappropriate customer funds.
The plaintiffs also allege that Fenwick & West had actual knowledge of the fraud and provided "substantial assistance" by facilitating misleading transactions, securities violations, and the concealment of fraud through encrypted communications and auto-deleted messages.
The lawsuit further accuses Fenwick & West of advising on how to obscure misuse of customer funds and wrongdoing, including managing conflicted companies without conflict safeguards. Testimonies from guilty former FTX executives like Nishad Singh have revealed these practices.
The firm is also accused of violating securities laws by promoting unregistered sales of the FTX Token and misleading regulators. Moreover, the plaintiffs argue that Fenwick & West’s status and reputation were used by Sam Bankman-Fried to gain credibility and attract investment.
The lawsuit frames Fenwick & West's role as enabling a multi-billion-dollar fraud scheme, going beyond bad legal advice to liability under federal racketeering (RICO) laws for their part in the scheme’s design and implementation.
Fenwick & West denies any liability, citing protections for legal representation. However, the lawsuit incorporates new evidence from Bankman-Fried’s criminal trial and FTX bankruptcy proceedings aiming to hold the firm accountable for facilitating the fraud.
The amended lawsuit also introduces two new claims under Florida and California securities laws over Fenwick's alleged role in FTX Token sales. Furthermore, it accuses Fenwick of playing an active role in designing, promoting, and facilitating the sale of unregistered securities to Florida residents.
The lawsuit also accuses Fenwick of creating shell entities to mask asset transfers and setting up auto-deleting Signal chats used by FTX executives.
The developments in the case have shed light on the close relationship between Fenwick and FTX leadership, with Fenwick handling critical legal work for the exchange. The revelations have come to light during Bankman-Fried's trial in late 2023.
As the case unfolds, Fenwick & West will have to defend itself against the allegations, which, if proven, could have significant implications for the legal industry and the crypto market.
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