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    Home»FTX Investors Go After Brady and Shaq: Here’s Their Legal Opportunity

    FTX Investors Go After Brady and Shaq: Here’s Their Legal Opportunity

    By November 22, 2022No Comments6 Mins Read
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    FTX’s viral Super Bowl ad featured multiple highly skeptical versions. Larry DavidGiven the collapse of cryptocurrency exchanges, his fellow celebrities may have done well to heed his advice.

    creator of my neighbor seinfeld When curb your enthusiasm One of many stars being sued for publicity FTXservices and products. The lawsuit alleges they lured an uninformed investor into a fiasco.

    Legal experts say the celebrity’s name and wealth make it an attractive target for the company and its co-founders for investors looking to recoup some of their losses. Sam Bankman-Fried essentially broken. FTX filed bankruptcy protection for itself and more than 100 of her affiliates this month, protecting them from lawsuits. Promoters not in bankruptcy court have no such protection.

    “Lawsuits against celebrities will generate huge amounts of money as they all settle,” he said. John Reed Starkformer US President Securities and Exchange CommissionInternet Enforcement Bureau. “Getting fans to buy you a T-shirt with your face on it is one thing. Promoting something that causes them to lose their savings is another.”

    Tom Brady

    Photographer: Chris Gracen/Getty Images

    At least three lawsuits have been filed since the FTX implosion, including one seeking to represent “thousands, if not millions, of consumers nationwide.” I’m here. Tom Brady, Gisele Bundchen, Stephen Curry, Shaquille O’Neal and businessman and tv personality Kevin O’Leary are also among the defendants.

    If the investor can prove that the investor failed to disclose that he or she received compensation to promote a virtual currency exchange, invested in a company, or sold unregistered securities. , celebrities can be held liable. The pending lawsuits are pending in federal courts in Miami and San Francisco.

    A representative for the star did not respond to a request for comment on the lawsuit.

    Read more: Sam Bankman-Fried cheated the crypto world and himself

    FTX’s sudden collapse cost US investors more than $11 billion, according to a Miami lawsuit filed on November 15. With 5 million users worldwide, the platform traded over $700 billion in cryptocurrencies last year.

    “Celebrity liability largely hinges on whether the product they advertise is a security,” says people who are not involved in the FTX case and who are suing for alleged corporate abuses. Shane Seppinni said. If FTX’s yield-bearing accounts, which pay interest on cryptocurrency holdings, turn out to be securities, “the celebrities who promoted it could suffer a great loss,” he said.

    Sam Bankman-Fried

    Photographer: Gina Moon/Bloomberg

    In determining whether a particular item constitutes a security, courts howie testThe name derives from a 1946 Supreme Court ruling that defined securities as “investments in common undertakings whose profits are derived only from the efforts of others”. If the item in question meets that definition, the court said it does not matter “whether the enterprise is speculative or non-speculative, or has real estate sales of intrinsic value or not.” I judged.

    Joseph Rotunda, executive director of the Texas Securities Commission, filed a declaration last month declaring that yield-bearing accounts are the sale of unregistered securities. It is also a violation of securities laws to promote securities without disclosing the source, nature and amount of the compensation.

    READ MORE: Tom Brady and Stephen Curry Attract Texas Scrutiny on FTX Plugs

    On Monday, Rotunda said his office was reviewing payments received and disclosures made by celebrities.

    “We’re taking a closer look at them,” he said, as part of the regulator’s broader investigation into FTX’s failures.

    Larry David in an FTX Super Bowl ad

    Source: FTX

    Brady and Bündchen will join the company’s $20 million ad campaign in 2021, asking “FTX. They also acquired his shares in FTX Trading Ltd., according to Miami’s complaint.

    ABC’s O’Leary shark tank and CNBC’s money coatwas an investor and a paid spokesperson for FTX. Naomi Osakaare also being sued, but both advertise FTX interest-bearing accounts and lost $750,000 by investing in them, according to a class action lawsuit filed in San Francisco by Hong Kong-based Canadian Elliot Lam. .

    Podcast: What Does the FTX Crash Mean for the Future of Cryptocurrencies?

    David’s comic persona and quirky role in the Super Bowl ad could prove oblique enough to win the lawsuit, legal experts say.

    Commercials featured him as someone skeptical of Sony’s Walkman and other inventions, such as the wheel before. “Don’t be like Larry,” warned the ad. This made FTX one of the most retweeted brands during the game, according to an investor’s attorney in the Miami lawsuit.

    But the only allegation about the comedian, “is that Larry David appeared in a commercial,” said attorney Brian Levin. not.”

    Stark, the SEC’s former Internet operating officer, finds it “irony” that the character David played in the ad keeps calling it “dazzling,” including FTX.

    “There are enough celebrities to choose from,” he said. “I’ll probably leave him alone so the water doesn’t get muddy.”

    Read more: Crypto’s $2 Trillion Wipeout Clears Way Through C Suite

    Lawyer Demetri Bezaintes said as the fallout in FTX became more apparent, Bankman-Fried and other celebrities from the U.S. and elsewhere, including South Korea, Singapore and Japan, where many investors are based. More lawsuits are expected to be brought against the supporters. The law firm that filed the complaint in Miami filed another class action lawsuit in South Florida a week later.

    This isn’t the first time celebrities have made a fuss over cryptocurrency promotions. Kim Kardashian When Floyd Mayweather Jr.Sued in Los Angeles over Ethereum Max token promotion.and provisional decision On November 7, a judge dismissed the case, finding that the defendants had not advertised the tokens as security.

    Kardashian agreed last month pay $1.3 millionMayweather and music producer DJ Mayweather and music producer DJ Khaled was accused of violating securities laws by failing to disclose payments received Promote Initial Coin Offerings Mayweather paid out over $600,000 and Khaled lost over $150,000.

    read more

    • Crypto Kid had a condo for $23,000 a month.Then came the federal government
    • Bloomberg Opinion: Matt Levine Explains Crypto
    • Cryptocurrency firm Genesis warns it could go bankrupt without funding
    • Former Alameda co-CEO used poker, blackjack strategy in trading

    — with support from Jerry Smith.

    To contact the writer of this article:
    Gigi Song zsong107@bloomberg.net in New York.
    Joe Schneider in Los Angeles jschneider5@bloomberg.net

    To contact the editor responsible for this article:
    Misyrlena Egkolfopoulou at megkolpopoul@bloomberg.net

    peter jeffrey

    © 2022 Bloomberg LP All rights reserved. Used with permission.



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