Shaq cries foul in FTX fraud suit
Summons ‘tossed’ at his car wasn’t properly served, his lawyers say. Plaintiffs disagree.
Basketball legend Shaquille O’Neal is moving to block another shot from the lawyers who chased him for months to serve a lawsuit accusing him of duping investors in the FTX crypto exchange.
A legal document “tossed” at the front of O’Neal’s car as he drove quickly through the gates of his Georgia home doesn’t count as properly serving a lawsuit, his attorneys say.
The 7-foot-1 former Los Angeles Lakers star and NBA commentator is among the numerous celebrities targeted in a suit alleging they funneled investors into a Ponzi scheme by proCNBC, moting FTX’s unregistered securities.
O’Neal stood as a holdout among the group for not acknowledging receipt of the complaint despite what plaintiffs’ lawyers said were dozens of attempts to present it to him at known residences in Georgia, Texas and elsewhere, according to court filings.
A month ago, the plaintiffs’ lawyers said they were ready to try an alternative method after their process server received a threatening text message stating that O’Neal lives in the Bahamas.
The lawyers sent an electronic link to the lawsuit to O’Neal on social media, arguing that should be good enough given his status as an active user of Instagram and Twitter.
They said he was clearly aware of the suit, having denied allegations of wrongdoing related to FTX in a December interview with and they noted that electronic service is permitted under Texas law. But the judge wouldn’t allow it.
The Moskowitz Law Firm finally declared success on April 17 when process servers caught up with O’Neal outside his Atlanta home. The lawyers took a Twitter victory lap, declaring: “Plaintiffs in the billion $ FTX class action case just served @SHAQ outside his house. His home video cameras recorded our service and we made it very clear that he is not to destroy or erase any of these security tapes, because they must be preserved for our lawsuit.” Or so they thought. O’Neal’s lawyers said in a filing Monday that the plaintiffs missed their deadline and that throwing the documents at his car falls short of legal requirements. They asked the judge to dismiss the suit against O’Neal in its entirety.
Investors have “had months and multiple tries,” O’Neal’s lawyers wrote. “Mr. O’Neal has not evaded service by failing to be at the residences where plaintiffs belatedly attempted service or by driving past strangers who approached his car.” The documents landed on a public road, according to the filing.
Plaintiffs’ attorney Adam Moskowitz called O’Neal’s filing “really disappointing and surreal.”
“The video will show Mr. O’Neal finally being served, after many months of hiding, as he attempts to possibly injure the process server,” Moskowitz said in an email. “Mr. O’Neal and his lawyers need to stop running and finally deal with these serious allegations.”
Roberto Martínez, a lawyer for O’Neal, didn’t immediately respond to an email seeking comment.