San Francisco Chronicle

Curry among targets of FTX-related suit

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @BobEgelko

As cryptocurr­ency exchange firm FTX soared financiall­y, one of its visible promoters was Golden State Warriors star Stephen Curry, who told viewers in a video ad that “I’m not an expert, and I don’t need to be. With FTX I have everything I need to buy, sell, and trade crypto safely.” The Warriors, meanwhile, displayed the FTX logo on the floor of their home court at Chase Center.

Then FTX imploded this month, losing billions of dollars and filing for bankruptcy. And now an investor has filed a proposed class-action suit on behalf of “thousands, if not millions” of customers seeking damages from Curry, the Warriors and other FTX “ambassador­s,” including basketball great Shaquille O’Neal, football star Tom Brady, baseball’s David Ortiz and Shohei Ohtani, and tennis’ Naomi Osaka, as well as the company’s founder.

The purpose of ads like Curry’s was “to facilitate the sales of (FTX accounts) to unsuspecti­ng and unwitting retail consumers,” plaintiff Edwin Garrison said in a suit filed Tuesday in federal court in Miami. The suit said FTX has used “some of the biggest names in sports and entertainm­ent — like these Defendants — to raise funds and drive American consumers to invest” in a “fraudulent scheme ... designed to take advantage of unsophisti­cated investors from across the country.”

Garrison’s attorneys, including prominent litigator David Boies, did not specify an amount of damages in the suit. But they noted that the company had listed its assets at more than $30 billion before they “evaporated almost overnight.”

Warriors spokespers­on Kimberly Veale said the team had no comment.

FTX was founded in 2019 as a cryptocurr­ency exchange, for investors to buy and sell crypto assets, by venture capitalist Sam Bankman-Fried, a Bay Area native and a defendant in Tuesday’s lawsuit. After published reports raised questions about its finances and transactio­ns with a Bankman-Fried hedge fund, Alameda Research, investors withdrew their funds in a frenzy — more than $6 billion in one 72hour period. Its bankruptcy filing listed net losses at $8 billion.

Bankman-Fried, whose personal $26 billion fortune has virtually evaporated, resigned as the company’s chief executive last week. The Justice Department and the Securities and Exchange Commission are investigat­ing FTX. The New York Times also reported that federal prosecutor­s in New York were looking into Bankman-Fried’s management of the company.

UC Berkeley renamed its football stadium FTX Field last year as part of a 10-year, $17.5 million deal with the company, but after the bankruptcy filing the school erased the FTX logo from its 25-yard lines. And the National Basketball Associatio­n’s Miami Heat said it has broken off a $135 million agreement with FTX that it reached last year and will choose a new name for its home court, which had been renamed FTX Arena.

Another cryptocurr­ency firm, Voyager Digital, went bankrupt in July and agreed to sell its assets to FTX for $1.4 billion. That deal has evaporated with the bankruptcy of FTX, and Voyager is looking for another buyer.

The lawsuit showed 22 Twitter posts from Bankman-Fried apologizin­g for investment decisions that he blamed for the company’s downfall. But the suit cited a Reuters report last week that said Bankman-Fried had secretly transferre­d $10 billion from FTX to Alameda Research, and that at least $1 billion of those funds had disappeare­d.

And while FTX denied selling securities to its investors, the suit said its sales of interest-bearing cryptocurr­ency accounts, titled yield-bearing accounts or YBAs, were actually securities that should have been registered with the government.

“The deceptive FTX Platform maintained by the FTX Entities was truly a house of cards, a Ponzi scheme where the FTX Entities shuffled customer funds between their opaque affiliated entities, using new investor funds obtained through investment­s in the YBAs and loans to pay interest to the old ones,” Garrison’s lawyers wrote.

 ?? Santiago Mejia/The Chronicle ?? A proposed lawsuit seeks damages from Stephen Curry, the Warriors and other FTX cryptocurr­ency “ambassador­s.”
Santiago Mejia/The Chronicle A proposed lawsuit seeks damages from Stephen Curry, the Warriors and other FTX cryptocurr­ency “ambassador­s.”

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