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Tag: Fraud and false statements

  • Sam Bankman-Fried could face years in prison over FTX’s $32 billion meltdown  — if the U.S. ever gets around to arresting him

    Sam Bankman-Fried could face years in prison over FTX’s $32 billion meltdown — if the U.S. ever gets around to arresting him

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    FTX CEO Sam Bankman-Fried attends a press conference at the FTX Arena in downtown Miami on Friday, June 4, 2021.

    Matias J. Ocner | Miami Herald | Tribune News Service | Getty Images

    Sam Bankman-Fried, the disgraced former CEO of FTX — the bankrupt cryptocurrency exchange that was worth $32 billion a few weeks ago — has a real knack for self-promotional PR. For years, he cast himself in the likeness of a young boy genius turned business titan, capable of miraculously growing his crypto empire as other players got wiped out. Everyone from Silicon Valley’s top venture capitalists to A-list celebrities bought the act.

    But during Bankman-Fried’s press junket of the last few weeks, the onetime wunderkind has spun a new narrative – one in which he was simply an inexperienced and novice businessman who was out of his depth, didn’t know what he was doing, and crucially, didn’t know what was happening at the businesses he founded.

    It is quite the departure from the image he had carefully cultivated since launching his first crypto firm in 2017 – and according to former federal prosecutors, trial attorneys and legal experts speaking to CNBC, it recalls a classic legal defense dubbed the “bad businessman strategy.”

    At least $8 billion in customer funds are missing, reportedly used to backstop billions in losses at Alameda Research, the hedge fund he also founded. Both of his companies are now bankrupt with billions of dollars worth of debt on the books. The CEO tapped to take over, John Ray III, said that “in his 40 years of legal and restructuring experience,” he had never seen “such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here.” This is the same Ray who presided over Enron’s liquidation in the 2000s.

    In America, it is not a crime to be a lousy or careless CEO with poor judgement. During his recent press tour from a remote location in the Bahamas, Bankman-Fried really leaned into his own ineptitude, largely blaming FTX’s collapse on poor risk management.

    At least a dozen times in a conversation with Andrew Ross Sorkin, he appeared to deflect blame to Caroline Ellison, his counterpart (and one-time girlfriend) at Alameda. He says didn’t know how extremely leveraged Alameda was, and that he just didn’t know about a lot of things going on at his vast empire.

    Bankman-Fried admitted he had a “bad month,” but denied committing fraud at his crypto exchange.

    Fraud is the kind of criminal charge that can put you behind bars for life. With Bankman-Fried, the question is whether he misled FTX customers to believe their money was available, and not being used as collateral for loans or for other purposes, according to Renato Mariotti, a former federal prosecutor and trial attorney who has represented clients in derivative-related claims and securities class actions.

    “It sure looks like there’s a chargeable fraud case here,” said Mariotti. “If I represented Mr. Bankman-Fried, I would tell him he should be very concerned about prison time. That it should be an overriding concern for him.”

    But for the moment, Bankman-Fried appears unconcerned with his personal legal exposure. When Sorkin asked him if he was concerned about criminal liability, he demurred.

    “I don’t think that — obviously, I don’t personally think that I have — I think the real answer is it’s not — it sounds weird to say it, but I think the real answer is it’s not what I’m focusing on,” Bankman-Fried told Sorkin. “It’s — there’s going to be a time and a place for me to think about myself and my own future. But I don’t think this is it.”

    Comments such as these, paired with the lack of apparent action by regulators or authorities, have helped inspire fury among many in the industry – not just those who lost their money. The spectacular collapse of FTX and SBF blindsided investors, customers, venture capitalists and Wall Street alike.

    Bankman-Fried did not respond to a request for comment. Representatives for his former law firm, Paul, Weiss, did not immediately respond to comment. Semafor reported earlier that Bankman-Fried’s new attorney was Greg Joseph, a partner at Joseph Hage Aaronson.

    Both of Bankman-Fried’s parents are highly respected Stanford Law School professors. Semafor also reported that another Stanford Law professor, David Mills, was advising Bankman-Fried.

    Mills, Joseph and Bankman-Fried’s parents did not immediately respond to requests for comment.

    The risk of an FTX crypto contagion

    What kind of legal trouble could he be in?

    Bankman-Fried could face a host of potential charges – civil and criminal – as well as private lawsuits from millions of FTX creditors, legal experts told CNBC.

    For now, this is all purely hypothetical. Bankman-Fried has not been charged, tried, nor convicted of any crime yet.

    Richard Levin is a partner at Nelson Mullins Riley & Scarborough, where he chairs the fintech and regulation practice. He’s been involved in the fintech industry since the early 1990s, and has represented clients before the Securities and Exchange Commission, Commodity Futures Trading Commission and Congress. All three of those entities have begun probing Bankman-Fried.

    There are three different, possibly simultaneous legal threats that Bankman-Fried faces in the United States alone, Levin told CNBC.

    First is criminal action from the U.S. Department of Justice, for potential “criminal violations of securities laws, bank fraud laws, and wire fraud laws,” Levin said.

    A spokesperson for the U.S. Attorney’s Office for the Southern District of New York declined to comment.

    Securing a conviction is always challenging in a criminal case.

    Mariotti, the former federal prosecutor is intricately familiar with how the government would build a case. He told CNBC, “prosecutors would have to prove beyond a reasonable doubt that Bankman-Fried or his associates committed criminal fraud.”

    “The argument would be that Alameda was tricking these people into getting their money so they could use it to prop up a different business,” Mariotti said.

    “If you’re a hedge fund and you’re accepting customer funds, you actually have a fiduciary duty [to the customer],” Mariotti said.

    Prosecutors could argue that FTX breached that fiduciary duty by allegedly using customer funds to artificially stabilize the price of FTX’s own FTT coin, Mariotti said.

    But intent is also a factor in fraud cases, and Bankman-Fried insists he didn’t know about potentially fraudulent activity. He told Sorkin that he “didn’t knowingly commingle funds.”

    “I didn’t ever try to commit fraud,” Bankman-Fried said.

    Beyond criminal charges, Bankman-Fried could also be facing civil enforcement action. “That could be brought by the Securities Exchange Commission, and the Commodity Futures Trading Commission, and by state banking and securities regulators,” Levin continued.

    “On a third level, there’s also plenty of class actions that can be brought, so there are multiple levels of potential exposure for […] the executives involved with FTX,” Levin concluded.

    Members of Congress try to distance themselves from FTX campaign contributions

    Who is likely to go after him?

    The Department of Justice is most likely to pursue criminal charges in the U.S. The Wall Street Journal reported that the DOJ and the SEC were both probing FTX’s collapse, and were in close contact with each other.

    That kind of cooperation allows for criminal and civil probes to proceed simultaneously, and allows regulators and law enforcement to gather information more effectively.

    But it isn’t clear whether the SEC or the CFTC will take the lead in securing civil damages.

    An SEC spokesperson said the agency does not comment on the existence or nonexistence of a possible investigation. The CFTC did not immediately respond to a request for comment.

    “The question of who would be taking the lead there, whether it be the SEC or CFTC, depends on whether or not there were securities involved,” Mariotti, the former federal prosecutor, told CNBC.

    SEC Chairman Gary Gensler, who met with Bankman-Fried and FTX executives in spring 2022, has said publicly that “many crypto tokens are securities,” which would make his agency the primary regulator. But many exchanges, including FTX, have crypto derivatives platforms that sell financial products like futures and options, which fall under the CFTC’s jurisdiction.

    “For selling unregistered securities without a registration or an exemption, you could be looking at the Securities Exchange Commission suing for disgorgement — monetary penalties,” said Levin, who’s represented clients before both agencies.

    “They can also sue, possibly, claiming that FTX was operating an unregistered securities market,” Levin said.

    Then there are the overseas regulators that oversaw any of the myriad FTX subsidiaries.

    The Securities Commission of The Bahamas believes it has jurisdiction, and went as far as to file a separate case in New York bankruptcy court. That case has since been folded into FTX’s main bankruptcy protection proceedings, but Bahamian regulators continue to investigate FTX’s activities.

    Court filings allege that Bahamian regulators have moved customer digital assets from FTX custody into their own. Bahamian regulators insist that they’re proceeding by the book, under the country’s groundbreaking crypto regulations — unlike many nations, the Bahamas has a robust legal framework for digital assets.

    I didn't ever try to commit fraud on anyone: Sam Bankman-Fried

    But crypto investors aren’t sold on their competence.

    “The Bahamas clearly lack the institutional infrastructure to tackle a fraud this complex and have been completely derelict in their duty,” Castle Island Ventures partner Nic Carter told CNBC. (Carter was not an FTX investor, and told CNBC that his fund passed on early FTX rounds.)

    “There is no question of standing. U.S. courts have obvious access points here and numerous parts of Sam’s empire touched the U.S. Every day the U.S. leaves this in the hands of the Bahamas is a lost opportunity,” he continued.

    Investors who have lost their savings aren’t waiting. Class-action suits have already been filed against FTX endorsers, like comedian Larry David and football superstar Tom Brady. One suit excoriated the celebrity endorsers for allegedly failing to do their “due diligence prior to marketing [FTX] to the public.”

    FTX’s industry peers are also filing suit against Bankman-Fried. BlockFi sued Bankman-Fried in November, seeking unnamed collateral that the former billionaire provided for the crypto lending firm.

    FTX and Bankman-Fried had previously rescued BlockFi from insolvency in June, but when FTX failed, BlockFi was left with a similar liquidity problem and filed for bankruptcy protection in New Jersey.

    Bankman-Fried has also been sued in Florida and California federal courts. He faces class-action suits in both states over “one of the great frauds in history,” a California court filing said.

    The largest securities class-action settlement was for $7.2 billion in the Enron accounting fraud case, according to Stanford research. The possibility of a multibillion-dollar settlement would come on top of civil and criminal fines that Bankman-Fried faces.

    But the onus should be on the U.S. government to pursue Bankman-Fried, Carter told CNBC, not on private investors or overseas regulators.

    “The U.S. isn’t shy about using foreign proxies to go after Assange — why in this case have they suddenly found their restraint?”

    What penalties could he face?

    Wire fraud is the most likely criminal charge Bankman-Fried would face. If the DOJ were able to secure a conviction, a judge would look to several factors to determine how long to sentence him.

    Braden Perry was once a senior trial lawyer for the CFTC, FTX’s only official U.S. regulator. He’s now a partner at Kennyhertz Perry, where he advises clients on anti-money laundering, compliance and enforcement issues.

    Based on the size of the losses, if Bankman-Fried is convicted of fraud or other charges, he could be behind bars for years — potentially for the rest of his life, Perry said. But the length of any potential sentence is hard to predict.

    “In the federal system, each crime always has a starting point,” Perry told CNBC.

    Federal sentencing guidelines follow a numeric system to determine the maximum and minimum allowable sentence, but the system can be esoteric. The scale, or “offense level,” starts at one, and maxes out at 43.

    A wire fraud conviction rates as a seven on the scale, with a minimum sentence ranging from zero to six months.

    But mitigating factors and enhancements can alter that rating, Perry told CNBC.

    “The dollar value of loss plays a significant role. Under the guidelines, any loss above $550 million adds 30 points to the base level offense,” Perry said. FTX customers have lost billions.

    “Having 25 or more victims adds 6 points, [and] use of certain regulated markets adds 4,” Perry continued.

    In this hypothetical scenario, Bankman-Fried would max out the scale at 43, based on those enhancements. That means Bankman-Fried could be facing life in federal prison, without the possibility of supervised release, if he’s convicted on a single wire fraud offense.

    But that sentence can be reduced by mitigating factors – circumstances that would lessen the severity of any alleged crimes.

    “In practice, many white-collar defendants are sentenced to lesser sentences than what the guidelines dictate,” Perry told CNBC, Even in large fraud cases, that 30-point enhancement previously mentioned can be considered punitive.

    By way of comparison, Stefan Qin, the Australian founder of a $90 million cryptocurrency hedge fund, was sentenced to more than seven years in prison after he pleaded guilty to one count of securities fraud. Roger Nils-Jonas Karlsson, a Swedish national accused by the United States of defrauding over 3,500 victims of more than $16 million was sentenced to 15 years in prison for securities fraud, wire fraud and money laundering.

    Bankman-Fried could also face massive civil fines. Bankman-Fried was once a multibillionaire, but claimed he was down to his last $100,000 in a conversation with CNBC’s Sorkin at the DealBook Summit last week.

    “Depending on what is discovered as part of the investigations by law enforcement and the civil authorities, you could be looking at both heavy monetary penalties and potential incarceration for decades,” Levin told CNBC.

    FTX's Sam Bankman-Fried is a 'pathological liar' and a 'con man,' says Jim Cramer

    How long will it take?

    Whatever happens won’t happen quickly.

    In the most famous fraud case in recent years, Bernie Madoff was arrested within 24 hours of federal authorities learning of his multibillion-dollar Ponzi scheme. But Madoff was in New York and admitted to his crime on the spot.

    The FTX founder is in the Bahamas and hasn’t admitted wrongdoing. Short of a voluntary return, any efforts to apprehend him would require extradition.

    With hundreds of subsidiaries and bank accounts, and thousands of creditors, it’ll take prosecutors and regulators time to work through everything.

    Similar cases “took years to put together,” said Mariotti. At FTX, where record keeping was spotty at best, collecting enough data to prosecute could be much harder. Expenses were reportedly handled through messaging software, for example, making it difficult to pinpoint how and when money flowed out for legitimate expenses.

    In Enron’s bankruptcy, senior executives weren’t charged until nearly three years after the company went under. That kind of timeline infuriates some in the crypto community.

    “The fact that Sam is still walking free and unencumbered, presumably able to cover his tracks and destroy evidence, is a travesty,” said Carter.

    But just because law enforcement is tight-lipped, that doesn’t mean they’re standing down.

    “People should not jump to the conclusion that something is not happening just because it has not been publicly disclosed,” Levin told CNBC.

    Could he just disappear?

    “That’s always a possibility with the money that someone has,” Perry said, although Bankman-Fried claims he’s down to one working credit card. But Perry doesn’t think it’s likely. “I believe that there has been likely some negotiation with his attorneys, and the prosecutors and other regulators that are looking into this, to ensure them that when the time comes […] he’s not fleeing somewhere,” Perry told CNBC.

    In the meantime, Bankman-Fried won’t be resting easy as he waits for the hammer to drop. Rep. Maxine Waters extended a Twitter invitation for him to appear before a Dec. 13 hearing.

    Bankman-Fried responded on Twitter, telling Waters that if he understands what happened at FTX by then, he’d appear.

    Correction: Caroline Ellison is Bankman-Fried’s counterpart at Alameda. An earlier version misspelled her name.

    FTX heads to a Delaware courtroom as the biggest crypto bankruptcy case yet gets underway

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  • Missouri man admits 26-year Social Security fraud

    Missouri man admits 26-year Social Security fraud

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    ST. LOUIS — An eastern Missouri man has admitted that he stole almost $200,000 by collecting his mother’s Social Security benefits for 26 years after her death.

    Reginald Bagley, 62, of Dellwood, pleaded guilty Thursday to a felony charge of stealing money belonging to the United States, the U.S. Attorney’s Office in Eastern Missouri said in a news release.

    Bagley did not report his mother’s death on March 12, 1994, to the Social Security Administration.

    Instead, in 1998 he set up a bank account to have her benefits directly deposited. The bank statements were sent to his address, with the name of either Bagley or his mother on them, prosecutors said.

    The scheme unraveled when the Social Security Administration tried to contact Bagley’s mother because she was not using her Medicare benefits.

    Bagley closed the bank account and received a cashier’s check for the remaining balance on July 24, 2020.

    In all, Bagley stole $197,329 in Social Security benefits, prosecutors said.

    At his sentencing on March 29, Bagley will be ordered to repay the money. He faces a maximum penalty of up to 10 years in prison, a $250,000 fine or both.

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  • NYC public employees among 19 accused of pandemic aid fraud

    NYC public employees among 19 accused of pandemic aid fraud

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    NEW YORK — Nineteen people including 17 New York City and New York state public employees were charged in a federal complaint unsealed Wednesday with submitting fraudulent applications for funds intended to help small businesses survive the coronavirus pandemic.

    The accused, including employees of New York City’s police department, correction department and public school system, listed themselves as owners of businesses that in some cases did not exist in their applications for funds through the Small Business Administration’s Economic Injury Disaster Loan program and Paycheck Protection Program, federal prosecutors in Manhattan said.

    The defendants collectively stole more than $1.5 million from the SBA and financial institutions that issued SBA-guaranteed loans, prosecutors said.

    One defendant, a school paraprofessional, claimed in her loan application that she owned a hair and nail salon with 45 employees and $500,000 in annual revenue, according to the complaint. Bank records showed that the defendant in fact had no significant source of income other than her Department of Education salary, investigators said.

    The paraprofessional received $150,000 from the Economic Injury Disaster Loan program and spent the money on a trip to Las Vegas and purchases at Louis Vuitton, Macy’s and other retailers, according to the complaint.

    “Scheming to steal Government funds intended to help small businesses weather a national emergency is offensive,” U.S. Attorney Damian Williams said in a news release. “And, as public employees, these folks should have known better. This Office will continue to prosecute those who use fraud to line their pockets with taxpayer money.”

    The defendants were charged with wire fraud, and nine were also charged with conspiracy to commit wire fraud. One defendant was charged with aggravated identity theft. Information on their attorneys wasn’t immediately available.

    Auditors say the speed with which federal emergency loan programs were set up in the early months of the COVID-19 pandemic in 2020 left the programs vulnerable to fraud, though millions of legitimate businesses benefited from the programs.

    “There’s no doubt they’ve had a positive impact. However, the management of these programs needs to be dramatically improved,” U.S. Comptroller General Gene L. Dodaro said last year.

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  • Mexican president suffers court reverse, tensions rise

    Mexican president suffers court reverse, tensions rise

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    MEXICO CITY — Mexico’s Supreme Court struck down part of President Andrés Manuel López Obrador’s ‘jail, no bail’ policy Thursday.

    The court voted against mandatory pre-trial detention for people accused of fraud, smuggling or tax evasion. Because trials often take years in Mexico, the justices argued that being held in prison during trial was equivalent to being subjected to punishment before being convicted.

    Instead, prosecutors would have to convince judges there are valid reasons not to release people on their own recognizance — for example, by arguing that they may pose a flight risk. The justices may vote next week on whether the possibility of pre-trial release may be justified for other crimes.

    In 2019, López Obrador imposed mandatory pre-trial detention for a long list of crimes, and he views it as part of his crack-down on white collar criminals, like those accused of tax fraud. Mexico does not have cash bail, but before López Obrador changed the rules, judges could release suspects and require them to wear monitors, sign in at court or agree not to travel.

    The president has long railed about corrupt judges and court rulings he doesn’t like, and Thursday’s supreme court vote was likely to spark more vocal attacks by the president.

    Even before the ruling, López Obrador criticized the court for the widely expected Thursday vote.

    “How can judges, magistrates and justices be defending white collar criminals? How can it be that money triumphs over justice?” López Obrador said before the ruling. “What tremendous shamelessness!”

    The president has not been shy about accusing lower court judges of releasing drug and other suspects on procedural or technical points he clearly does not agree with. Underpaid, and often under threat, Mexican prosecutors often don’t bring strong cases, or make intentional or unintentional errors.

    “They free them because the prosecution case was poorly written, or for any other excuse, any other pretext,” the president said, “because they have become very, very, very fixated on the fine points of the law.”

    López Obrador has fought the courts, often attacking their legitimacy and singling out individual judges for scorn, because courts have often blocked some of the president’s key initiatives.

    Observers say the courts have acted because López Obrador has often shoved through laws that openly contradict the country’s Constitution or international treaties.

    Previously, the president has focused most of his wrath on lower courts. On Thursday at a press briefing with López Obrador, Ricardo Mejia, Mexico’s assistant secretary of public safety, said the administration would recommend bringing criminal charges against a judge who ordered the release of a suspected drug gang leader.

    But much of the president’s anger Thursday was directed at the Supreme Court, which is about to hear an appeal by a group that says government money and property should no longer be used to erect Christmas-season Nativity scenes, a staple in Mexico.

    The appeal says that the government’s participation in displaying Nativity scenes violates the constitutional separation of church and state.

    The president angrily rejected that, even though the court has not ruled on the issue yet.

    “That’s an example. Why should they go against the traditions, the customs of the people?” López Obrador said.

    López Obrador expanded the list of charges that require a suspect to be detained pending trial to 16, including some nonviolent crimes that may carry sentences of just a few months — far less than the amount of time most people spend awaiting trial.

    Only about two of every 10 people accused of a crime in Mexico are ever found guilty. That means that of the estimated 92,000 suspects held pending trial — often in the same cells with hardened criminals — around 75,000 won’t be convicted despite sometimes spending years locked up in Mexico’s crowded, dangerous prisons.

    Trials in Mexico can drag on for a surprisingly long time. Two men were recently released with ankle monitors after spending 17 years in prison while on trial for murder.

    Being put into Mexican prisons, which are overcrowded, underfunded and controlled by gangs, can be hell for those on pretrial detention, who often enter with no prison smarts or gang connections.

    The U.N. Working Group on Arbitrary Detention says that “mandatory pretrial detention violates international standards on human rights.”

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  • US: 2 Estonians arrested in $575M cryptocurrency fraud

    US: 2 Estonians arrested in $575M cryptocurrency fraud

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    SEATTLE — Police in Estonia have arrested two men accused in a $575 million cryptocurrency fraud, U.S. authorities said Monday.

    An indictment unsealed in U.S. District Court in Seattle charged Estonian citizens Sergei Potapenko and Ivan Turogin, both age 37, with wire fraud and conspiracy to commit money laundering. According to the charging documents, they worked with four unnamed co-conspirators living in Estonia, Belarus and Switzerland.

    Prosecutors said the suspects tricked hundreds of thousands of people from 2015 to 2019 into buying contracts for a cryptocurrency mining service called HashFlare and investing in a virtual currency bank called Polybius Bank. In reality the businesses operated as pyramid schemes, prosecutors said.

    The men are accused of using shell companies to launder the fraud proceeds and to purchase real estate and luxury cars. The pair are in custody in Estonia pending extradition to the U.S., the Justice Department said.

    “These defendants capitalized on both the allure of cryptocurrency, and the mystery surrounding cryptocurrency mining, to commit an enormous Ponzi scheme,” Seattle U.S. Attorney Nick Brown said in a news release.

    U.S. and Estonian authorities are working to confiscate properties and bank accounts maintained by the defendants, Brown said.

    Court records in Seattle did not indicate whether the men had obtained attorneys. Some of the victims were in Western Washington state, authorities said.

    The cryptocurrency industry has seen a fair share of volatility and turmoil this year, including a sharp decline in price for bitcoin and other digital assets. Earlier this month, the third-largest cryptocurrency exchange, FTX, collapsed after experiencing the crypto equivalent of a bank run. For some, the events are reminiscent of the failures of Wall Street firms during the 2008 financial crisis, particularly now that supposedly healthy firms like FTX are failing.

    ———

    This story has been updated to correct that the four unnamed co-conspirators in the case have not been charged.

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  • Woman gets 20 years for bilking Chinese in $26M hotel fraud

    Woman gets 20 years for bilking Chinese in $26M hotel fraud

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    LOS ANGELES — A woman who bilked investors in a Southern California hotel and condominium project out of at least $26 million was sentenced Monday to 20 years in federal prison.

    Ruixue “Serena” Shi, 38, of Arcadia was sentenced after a judge refused to allow her to withdraw her plea last year to wire fraud.

    “There has been no acceptance of responsibility; there has been a denial of responsibility,” U.S. District Judge R. Gary Klausner said, according to a press release from the U.S. Department of Justice.

    Prosecutors said that from late 2015 to mid-2018, Shi was the general manager of a real estate company based in China that had a Los Angeles office. She solicited investments, mainly from Chinese investors, in a 207-unit luxury complex to be built in the city of Coachella, in the desert southeast of Los Angeles.

    In reality, Shi spent much of the money on luxury cars, travel, clothing, dining and shopping, prosecutors said. That included $800,000 at a “full-service styling agency” in Beverly Hills, prosecutors said.

    “While her victims suffered financial ruin and psychological torment, (Shi) was living large off their investments,” prosecutors said in a sentencing document.

    In court statements, more than two dozen victims submitted statements.

    “Several discussed their reliance on Shi’s false promises that their investments would assist them in securing visas to immigrate to the United States. One victim even wrote that, after losing his retirement savings to Shi’s scheme, he ‘even contemplated suicide,’ the Department of Justice statement said.

    In addition to prison time, Shi was ordered to pay $35.8 million in restitution.

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  • Reality TV stars Todd and Julie Chrisley to be sentenced

    Reality TV stars Todd and Julie Chrisley to be sentenced

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    ATLANTA — Todd and Julie Chrisley were driven by greed as they engaged in an extensive bank fraud scheme and then hid their wealth from tax authorities while flaunting their lavish lifestyle, federal prosecutors said, arguing the reality television stars should receive lengthy prison sentences.

    The Chrisleys gained fame with their show “Chrisley Knows Best,” which follows their tight-knit, boisterous family. They were found guilty on federal charges in June and are set to be sentenced by U.S. District Judge Eleanor Ross in a hearing that begins Monday and is likely to extend into Tuesday.

    Using a process to calculate a sentencing guideline range based on several factors, federal prosecutors determined the upper end of that range is nearly 22 years for Todd Chrisley and about 12 and a half years for Julie Chrisley. The couple should also be ordered to pay restitution, prosecutors wrote in a court filing.

    “The Chrisleys have built an empire based on the lie that their wealth came from dedication and hard work,” prosecutors wrote. “The jury’s unanimous verdict sets the record straight: Todd and Julie Chrisley are career swindlers who have made a living by jumping from one fraud scheme to another, lying to banks, stiffing vendors, and evading taxes at every corner.”

    The Chrisleys disagree with the government’s guideline calculations. Todd Chrisley’s lawyers wrote in a filing that he should not face more than nine years in prison and that the judge should sentence him below the lower end of the guidelines. Julie Chrisley’s lawyers wrote that a reasonable sentence for her would be probation with special conditions and no prison time.

    The Chrisleys were convicted in June on charges of bank fraud, tax evasion and conspiring to defraud the IRS. Julie Chrisley was also convicted of wire fraud and obstruction of justice.

    Peter Tarantino, an accountant hired by the couple, was found guilty of conspiracy to defraud the IRS and willfully filing false tax returns. He is set to be sentenced along with the Chrisleys.

    Prosecutors have said the couple submitted fake documents to banks and managed to secure more than $30 million in fraudulent loans. Once that scheme fell apart, they walked away from their responsibility to repay the loans when Todd Chrisley declared bankruptcy. While in bankruptcy, they started their reality show and “flaunted their wealth and lifestyle to the American public,” prosecutors wrote. When they began making millions from their show, they hid the money from the IRS to avoid paying taxes.

    The Chrisleys submitted a false document to a grand jury that was investigating their crimes and then convinced friends and family members to tell lies while testifying under oath during their trial, prosecutors wrote. Neither of them has shown any remorse and they have, instead, blamed others for their own criminal conduct, prosecutors wrote.

    “The Chrisleys are unique given the varied and wide-ranging scope of their fraudulent conduct and the extent to which they engaged in fraud and obstructive behavior for a prolonged period of time,” prosecutors wrote.

    Todd Chrisley’s lawyers wrote in a court filing that the government never produced any evidence that he meant to defraud any of the banks and that the loss amount calculated by the government is incorrect. They also noted that the offenses of which he was convicted were committed a long time ago. He has no serious criminal history and has medical conditions that “would make imprisonment disproportionately harsh,” they wrote.

    His lawyers submitted letters from friends and business associates that show “a history of good deeds and striving to help others.” People who rely on Chrisley — including his mother and the “scores of people” employed by his television shows — will be harmed while he’s in prison, his lawyers wrote.

    They urged the judge to give him a prison sentence below the guideline range followed by supervised release and restitution.

    Julie Chrisley’s lawyers wrote in a filing that she had a minimal role in the conspiracy and was not involved when the loans discussed in sentencing documents were obtained. She has no prior convictions, is an asset to her community and has “extraordinary family obligations,” her lawyers wrote, as they asked for a sentence of probation, restitution and community service.

    The Chrisleys have three children together, including one who is 16, and also have full custody of the 10-year-old daughter of Todd Chrisley’s son from a prior marriage. Julie Chrisley is the primary caregiver to her ailing mother-in-law, the filing says. Her lawyers submitted letters from family and friends that show she is “hard-working, unfailingly selfless, devoted to her family and friend, highly respected by all who know her, and strong of character.”

    If the judge does sentence both Chrisleys to prison, Julie Chrisley’s lawyers asked that their prison terms be staggered so she can remain on supervised release until her husband is done serving his sentence or until their granddaughter turns 18.

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  • Greek police nab German suspect sought on 4 arrest warrants

    Greek police nab German suspect sought on 4 arrest warrants

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    THESSALONIKI, Greece — Greek police say that they have arrested a 35-year-old German citizen who has four outstanding arrest warrants on him for fraud and cybercrime, three from Germany and one international.

    The Thessaloniki police’s organized crime and human trafficking division announced Saturday they had found over 1,000 photos and videos of child pornography in the suspect’s cellphone when he was arrested Thursday.

    The man, who had settled in Greece since 2019, was jailed pending review of the extradition requests. He also faces a Greek prosecutor next week on charges of impersonating both a German and a Greek police officer.

    The suspect, whose mother was Greek, had been showing what proved to be a fake German police officer’s ID on across northern Greece, claiming he was a part of a special unit investigating networks of pedophiles. He also impersonated a Greek policeman, recently checking into a hospital wearing a police uniform, which was found in his home.

    Police say they also found in the suspect’s car and home two license plates purporting to be from German state vehicles, at least one of which was fake, as well as fake salary payment statements from German state authorities.

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  • Theranos founder Elizabeth Holmes sentenced to more than 11 years in prison

    Theranos founder Elizabeth Holmes sentenced to more than 11 years in prison

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    Theranos founder Elizabeth Holmes was sentenced Friday to more than 11 years in prison for fraud after deceiving investors about the purported efficacy of her company’s blood-testing technology. She was ordered to surrender on April 27.

    Holmes was convicted in January in the U.S. District Court for the Northern District of California. She cried while speaking to the court ahead of her sentencing on Friday.

    “I loved Theranos. It was my life’s work,” Holmes said. “My team meant the world to me. I am devastated by my failings. I’m so so sorry. I gave everything I had to build my company.”

    Her defense team argued she should face a maximum sentence of 18 months, according to court filings. Instead, she was given 135 months, which amounts to 11 years and three months, behind bars.

    The Wall Street Journal first broke the story of how Theranos’ blood-testing technology was struggling to meet expectations in 2015. Whistleblowers and other witnesses came forth to provide detailed accounts of how Holmes and former operating chief Ramesh “Sunny” Balwani deceived patients, partners, investors and employees about the company’s progress and the capabilities of its technology.

    Once valued at $9 billion by private investors, Theranos shut down in 2018.

    “Thank you for having me. Thank you for the courtesy and respect you have shown me,” she said Friday. “I have felt deep pain for what people went through because I failed them. To investors, patients, I am sorry.”

    Prosecutors sought a 15 year sentence for the pregnant 38-year-old former billionaire and Silicon Valley celebrity. In July, Balwani, who was romantically involved with Holmes years earlier, was found guilty of 12 criminal fraud charges. His sentencing is set for next month.

    U.S. District Court Judge Edward Davila, who presided over Holmes’ trial, handed down the sentence.

    The erstwhile billionaire had attempted to move for a new trial after a former employee appeared at her doorstep in August to speak with her. Holmes’ partner, Billy Evans, told the court that the former employee made remorseful remarks at their shared residence.

    But that employee, Adam Rosendorff, told the court that his remarks were due to distress at the thought of a child spending time without their mother. The Theranos founder gave birth in July to her first child, and is expecting another.

    Holmes’ sentencing comes as another young tech former billionaire icon, Sam Bankman-Fried, faces a daunting future, following the sudden collapse of his cryptocurrency exchange FTX last week. Bankman-Fried hasn’t been charged with a crime, but he’s in legal jeopardy after revelations that his company was unable to give depositors their money back because some of it was used to fund risky, losing bets.

    WATCH: Elizabeth Holmes appears in court for sentencing

    Holmes appears in court for sentencing today

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  • Elizabeth Holmes faces sentencing for her Theranos crimes

    Elizabeth Holmes faces sentencing for her Theranos crimes

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    A federal judge on Friday will decide whether disgraced Theranos CEO Elizabeth Holmes should serve a lengthy prison sentence for duping investors and endangering patients while peddling a bogus blood-testing technology.

    Holmes’ sentencing in the same San Jose, California, courtroom where she was convicted on four counts of investor fraud and conspiracy in January marks a climactic moment in a saga that has been dissected in an HBO documentary and an award-winning Hulu TV series about her meteoric rise and mortifying downfall.

    U.S. District Judge Edward Davila will take center stage as he weighs the federal government’s recommendation to send Holmes, 38, to federal prison for 15 years. That’s less than the maximum sentence of 20 years she could face, but her legal team is asking for incarceration of no more than 18 months, preferably served in home confinement.

    Her lawyers have argued that Holmes deserves more lenient treatment as a well-meaning entrepreneur who is now a devoted mother with another child on the way. Their arguments were supported by more than 130 letters submitted by family, friends and former colleagues praising Holmes.

    A probation report also submitted to Davila recommended a nine-year prison sentence for Holmes.

    Prosecutors want Holmes to pay $804 million in restitution. The amount covers most of the nearly $1 billion that Holmes raised from a list of sophisticated investors that included software magnate Larry Ellison, media mogul Rupert Murdoch, and the Walton family behind Walmart.

    While wooing investors, Holmes leveraged a high-powered Theranos board that included former U.S. Defense Secretary James Mattis, who testified against her during her trial, and two former U.S. Secretaries of State, Henry Kissinger and the late George Shultz, whose son submitted a statement blasting Holmes for concocting a scheme that played Shultz “for the fool.”

    Davila’s judgment – and Holmes’ reporting date for a potential stint in prison — could be affected by her second pregnancy in two years. After giving birth to a son shortly before her trial started last year, Holmes became pregnant at some point while free on bail this year.

    Although her lawyers didn’t mention the pregnancy in a 82-page memo submitted to Davila last week, the pregnancy was confirmed in a letter from her current partner, William “Billy” Evans, that urged the judge to be merciful.

    In that 12-page letter, which included pictures of Holmes doting on their 1-year-old son, Evans mentioned that Holmes participated in a Golden Gate Bridge swimming event earlier this year while pregnant. He also noted Holmes suffered through a case of COVID-19 in August while pregnant. Evans didn’t disclose Holmes’ due date in his letter.

    Duncan Levin, a former federal prosecutor who is now a defense attorney, predicted that Davila’s sentencing decision won’t be swayed by the pregnancy, but expects the judge to allow her to remain free until after the baby is born.

    “She will be no more of a flight risk after she is sentenced than she was while awaiting sentencing,” Levin said. “We have to temper our sentences with some measure of humanity.”

    The pregnancy makes it more likely Davila will be criticized no matter what sentence he imposes, predicted Amanda Kramer, another former federal prosecutor.

    “There is a pretty healthy debate about what kind of sentence is needed to effect general deterrence to send a message to others who are thinking of crossing that line from sharp salesmanship into material misrepresentation,” Kramer said.

    Federal prosecutor Robert Leach emphatically declared Holmes deserves a severe punishment for engineering a scam that he described as one of the most egregious white-collar crimes ever committed in Silicon Valley. In a scathing 46-page memo, Leach told the judge he has an opportunity to send a message that curbs the hubris and hyperbole unleashed by the tech boom of the past decade.

    Holmes “preyed on hopes of her investors that a young, dynamic entrepreneur had changed healthcare,” Leach wrote. “And through her deceit, she attained spectacular fame, adoration, and billions of dollars of wealth.”

    Even though Holmes was acquitted by a jury on four counts of fraud and conspiracy tied to patients who took Theranos blood tests, Leach also asked Davila to factor in the health threats posed by Holmes’ conduct.

    Holmes’ lawyer Kevin Downey painted her as a selfless visionary who spent 14 years of her life trying to revolutionize health care with a technology that was supposed to be able to scan for hundreds of diseases and other aliments with just a few drops of blood.

    Although evidence submitted during her trial showed the tests produced wildly unreliable results that could have steered patients in the wrong direction, her lawyers asserted Holmes never stopped trying to perfect the technology until Theranos collapsed in 2018. They also pointed out that Holmes never sold any of her Theranos shares — a stake valued at $4.5 billion in 2014 when Holmes was being hailed as the next Steve Jobs on the covers of business magazines.

    Defending herself against criminal charges has left Holmes with “substantial debt from which she is unlikely to recover,” Downey wrote, suggesting that she is unlikely ever to pay any restitution that Davila might order as part of her sentence.

    “Holmes is not a danger to society,” Downey wrote.

    Downey also asked Davila to consider the alleged sexual and emotional abuse Holmes suffered while she was involved romantically with Ramesh “Sunny” Balwani, who became a Theranos investor, top executive and eventually an accomplice in her crimes. Balwani, 57, is scheduled to be sentenced Dec. 7 after being convicted in a July trial on 12 counts of fraud and conspiracy.

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  • Trump Org.’s longtime CFO testifies at company’s fraud trial

    Trump Org.’s longtime CFO testifies at company’s fraud trial

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    NEW YORK — Donald Trump’s longtime finance chief took the witness stand Tuesday at the Trump Organization’s criminal tax fraud trial, making his long-awaited turn as the star prosecution witness after pleading guilty to evading taxes on $1.7 million in company-paid perks, including a Manhattan apartment and luxury cars.

    Allen Weisselberg, a senior adviser and former chief financial officer at Trump’s company, has intimate knowledge of the company’s financial dealings from his nearly five decades working there. But he is not expected to implicate Trump or any members of the Trump family in his testimony.

    Weisselberg’s testimony is required as part of a plea agreement he reached in August. If he testifies truthfully and meets other terms of the deal, he’ll be sentenced to five months in jail and could be released with good behavior after about 100 days. Otherwise, he could be sentenced to up to 15 years in prison.

    Weisselberg will remain free on bail until he is formally sentenced following the company’s trial.

    The Trump Organization — the entity through which former President Donald Trump manages his real estate holdings, marketing deals and other ventures — is accused of helping some top executives avoid paying income taxes on compensation they got in addition to their salaries over a 15-year span.

    Prosecutors argue that the Trump Organization — through its subsidiaries Trump Corp. and Trump Payroll Corp. — is liable for the scheme because Weisselberg, the longtime finance chief, was a “high managerial agent” entrusted to act on behalf of the company and its various entities.

    In pleading guilty, the 75-year-old Weisselberg pinned blame for the scheme on himself and other top company executives, including senior vice president and controller, Jeffrey McConney, who testified for the trial’s first five days.

    The Trump Organization has denied wrongdoing. Its lawyers allege that Weisselberg concocted the scheme on his own, without Trump or the Trump family’s knowledge, and that the company didn’t benefit from his actions. If convicted, the company could be fined more than $1 million.

    The company’s lawyers spent part of Monday and Tuesday’s court sessions attempting to preempt Weisselberg testimony, using their cross-examination questioning to underscore their assertion that others at the company, including Trump, knew nothing about the scheme.

    The first two prosecution witnesses — McConney and company accounts payable supervisor Deborah Tarasoff — portrayed Weisselberg as a rogue agent who stressed secrecy about his various financial arrangements.

    Both witnesses worked under Weisselberg, and both testified that they aided him in hiding benefits — telling jurors that they were just following orders. Tarasoff agreed with a defense lawyer’s description of Weisselberg as an exacting, authoritarian but deeply trusted micromanager.

    Tarasoff said she prepared company checks for Weisselberg to pay his apartment rent and car lease payments. She said she prepared checks from Trump’s private account to pay tuition for private schooling for Weisselberg’s grandchildren.

    In September 2016, as Trump’s presidential election neared, Tarasoff said Weisselberg ordered her to start deleting notations about some of the transactions in the company’s bookkeeping system. Tarasoff said she didn’t think Weisselberg was asking her to do anything illegal. But even if he had, she said: “I guess I would because he’s the boss and he told me to do it.”

    Weisselberg is the only person to face criminal charges so far in the Manhattan district attorney’s investigation of the company.

    Weisselberg started working for the company in 1973, when it was run by Trump’s father, Fred. Following his July 2021 arrest, the company changed his title from CFO to senior adviser. The CFO position remains vacant.

    Prosecutors alleged that the Trump Organization gave untaxed fringe benefits to senior executives, including Weisselberg, for 15 years. Weisselberg alone was accused of defrauding the federal government, state and city out of more than $900,000 in unpaid taxes and undeserved tax refunds.

    ———

    Follow Michael Sisak on Twitter at twitter.com/mikesisak and send confidential tips by visiting https://www.ap.org/tips/.

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  • Prosecutors push 15-year sentence for Theranos’ CEO Holmes

    Prosecutors push 15-year sentence for Theranos’ CEO Holmes

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    Federal prosecutors have asked a judge to sentence disgraced Theranos CE0 Elizabeth Holmes to 15 years in prison, arguing she deserves a lengthy prison term because her massive scheme duped investors out of hundreds of millions of dollars by falsely convincing them her company had developed a revolutionary blood testing device.

    Calling the case “one of the most substantial white collar offenses Silicon Valley or any other District has seen,” prosecutors vehemently rejected defense attorneys’ characterization that Holmes had been unfairly victimized, in part by media coverage.

    Holmes is set to appear for sentencing on Nov. 18 in federal court in San Jose, California, nearly a year after she was convicted of three felony counts of wire fraud and one felony count of conspiracy to commit fraud. She faces up to 20 years in prison for each count.

    “She repeatedly chose lies, hype and the prospect of billions of dollars over patient safety and fair dealing with investors,” Assistant U.S. Attorney Robert S. Leach wrote in a 46-page brief filed Friday. “Elizabeth Holmes’ crimes were not failing, they were lying — lying in the most serious context, where everyone needed her to tell the truth.”

    Holmes’ attorneys filed an 82-page document late Thursday calling for a lenient sentence of no more than 18 months, saying her reputation was permanently destroyed, turning her into a “caricature to be mocked and vilified.”

    Besides asking that Holmes receive a lengthy prison sentence, prosecutors called for the 38-year-old pay $803,840,309 in restitution for her role in the yearslong scheme that turned her into one of the most widely respected and immensely wealthy entrepreneurs in the Silicon Valley and the United States.

    “She preyed on hopes of her investors that a young, dynamic entrepreneur had changed healthcare. She leveraged the credibility of her illustrious board,” Leach wrote. “And, through her deceit, she attained spectacular fame, adoration, and billions of dollars of wealth.”

    Leach also pointed to how, after Wall Street Journal reporter John Carreyrou exposed the scheme, Holmes “attacked him, along with his sources” and desperately tried to pin the blame on others.

    “At trial, she blamed her COO (and longtime boyfriend), her board, her scientists, her business partners, her investors, her marketing firm, her attorneys, the media — everyone, that is, but herself,” Leach wrote.

    The company’s former chief operating officer, 57-year-old Ramesh “Sunny” Balwani, was convicted on 12 felony counts of investor and patient fraud in July during separate trial. He is scheduled to be sentenced Dec. 7.

    And Leach wrote that the health of actual patients was put into jeopardy by what Holmes had done.

    “As money was drying up, she went to market with an unproven and unreliable medical device,” he wrote. “When her lead assay developer quit as Theranos launched, she chillingly told the scientist: ‘she has a promise to deliver to the customer, she doesn’t have much of a choice but to go ahead with the launch.’”

    Holmes’ attorneys have argued that if U.S. District Judge Edward Davila does decide to send her to prison, she deserves a lenient sentence because she poses no danger to the public and has no prior criminal history.

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  • Brazil armed forces’ report on election finds no fraud

    Brazil armed forces’ report on election finds no fraud

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    RIO DE JANEIRO — The defense ministry released a report Wednesday highlighting flaws in Brazil’s electoral systems and proposing improvements, but there was nothing to substantiate claims of fraud from some of President Jair Bolsonaro’s supporters protesting his Oct. 30 defeat.

    It was the first comment by the military on the runoff election, which has drawn protests nationwide even as the transition has begun for President-elect Luiz Inácio Lula da Silva’s inauguration Jan. 1. Thousands have been gathering outside military installations in Rio de Janeiro, Sao Paulo, Brasilia and other cities calling for intervention by the armed forces to keep Bolsonaro in office.

    When the defense ministry announced this week that it would present its report on the election, some Bolsonaro supporters rejoiced, anticipating the imminent revelation of a smoking gun. That didn’t happen.

    “There is nothing astonishing in the document,” Diego Aranha, an associate professor of systems security at Aarhus University in Denmark, who has been a member of the Brazilian electoral authority’s public security tests, told The Associated Press. “The limitations found are the same ones analysts have been complaining about for decades … but that doesn’t point to evidence of irregularity.”

    Defense Minister Paulo Nogueira wrote that “it is not possible to say” with certainty the computerzed vote tabulation system hasn’t been infilitrated by malicious code, but the 65-page report does not cite any abnormalities in the vote count. Based on the possible risk, however, the report suggests creating a commission comprised of members of civil society and auditing entities to further investigate the functioning of the electronic voting machines.

    Bolsonaro, whose less than two-point loss was the narrowest margin since Brazil’s 1985 return to democracy, hasn’t specifically cried foul since the election.

    Still, his continued refusal to concede defeat or congratulate his opponent left ample room for supporters to draw their own conclusions. And that followed more than a year of Bolsonaro repeatedly claiming Brazil’s electronic voting system is prone to fraud, without ever presenting any evidence — even when ordered to do so by the electoral authority.

    In the months leading up to the vote, as polls showed him trailing da Silva, Bolsonaro pushed for the military to take on an expanded role in the electoral process. The election authority, in a gesture apparently aimed at placating the president, allowed for armed forces’ unprecedented participation. The report presented Wednesday was signed by the defense minister and representatives from the army, navy and air force.

    The electoral authority said in a statement it “received with satisfaction the defense ministry’s final report that, like all other oversight bodies, did not point to the existence of any fraud or inconsistency in the electronic voting machines and 2022 electoral process.”

    Bolsonaro didn’t immediately comment on the report, nor did the presidential palace respond to an AP email. His party’s leader said Tuesday the president would question election results only if the report provided “real” evidence.

    Da Silva, speaking Wednesday in the capital, Brasilia, on his first visit since the election, told reporters that the vote was clean and Brazil’s electronic voting machine system is an achievement.

    “No one will believe coup-mongering discourse from someone who lost the elections,” da Silva said. “We know that the institutions were attacked by some government authorities.”

    Brazil began using an electronic voting system in 1996. Election security experts consider such systems less secure than hand-marked paper ballots, because they leave no auditable paper trail. Brazil’s system is, however, closely scrutinized and domestic authorities and international observers have never found evidence of it being exploited to commit fraud. Outside security audits have been done to prevent the system’s software from being surreptitiously altered. In addition, prior to election day, tests are conducted to assure no tampering has occurred.

    The electoral authority said in its statement Wednesday that it would analyze the defense ministry’s suggestions. Aranha, the system security professor, said the military’s suggestions to address flaws aren’t specific and would actually make an audit even more difficult.

    This year, the armed forces also conducted a partial audit, comparing hundreds of voting stations’ results to the official tally. The idea was first floated by Bolsonaro, who in May said they “will not perform the role of just rubber stamping the electoral process, or taking part as spectators.”

    The federal government’s accounts watchdog carried out a partial audit similar to that of the military, tallying votes in 604 voting machines across Brazil. It found no discrepancies. Likewise, Brazil’s Bar Association said in a report Tuesday that it had found nothing that pointed to suspicion of irregularities.

    “There are important lessons from all this,” said Paulo Calmon, a political science professor at the University of Brasilia, who continued: “primarily, the idea to formally involve the armed forces in electoral processes is an error that should never be repeated.”

    ———

    Associated Press writer Carla Bridi reported from Brasilia. AP videojournalist Juan Arraez and writer David Biller in Rio de Janeiro contributed to this report.

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  • Feds announce seizure of $3.36 billion in bitcoin stolen a decade ago from illegal Silk Road marketplace—the second-largest crypto recovery

    Feds announce seizure of $3.36 billion in bitcoin stolen a decade ago from illegal Silk Road marketplace—the second-largest crypto recovery

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    The crypto market has been battered this year, with nearly $2 trillion wiped off its value since its peak.

    Jonathan Raa | Nurphoto | Getty Images

    The U.S. Department of Justice announced Monday that it seized about $3.36 billion in stolen bitcoin during a previously unannounced 2021 raid on the residence of James Zhong.

    Zhong pleaded guilty Friday to one count of wire fraud, which carries a maximum sentence of 20 years in prison.

    U.S. authorities seized about 50,676 bitcoin, then valued at over $3.36 billion, from Zhong during a search of his house in Gainesville, Georgia, on Nov. 9, 2021, the DOJ said. It is the DOJ’s second-largest financial seizure to date, following its seizure of $3.6 billion in allegedly stolen cryptocurrency linked to the 2016 hack of the crypto exchange Bitfinex, which the DOJ announced in February.

    According to authorities, Zhong stole bitcoin from the illegal Silk Road marketplace, a dark web forum on which drugs and other illicit products were bought and sold with cryptocurrency. Silk Road was launched in 2011, but the Federal Bureau of Investigation shut it down in 2013. Its founder, Ross William Ulbricht, is now serving a life sentence in prison.

    “For almost ten years, the whereabouts of this massive chunk of missing Bitcoin had ballooned into an over $3.3 billion mystery,” U.S. Attorney Damian Williams said in a press release.

    According to the Southern District of New York, Zhong took advantage of the marketplace’s vulnerabilities to execute the hack.

    Special Agent in Charge Tyler Hatcher, of the Internal Revenue Service – Criminal Investigation, said Zhong used a “sophisticated scheme” to steal the bitcoin from Silk Road. According to the press release, in September 2012, Zhong created nine fraudulent accounts on Silk Road, funding each with between 200 and 2,000 bitcoin. He then triggered over 140 transactions in rapid succession, which tricked the marketplace’s withdrawal-processing system to release approximately 50,000 bitcoin into his accounts. Zhong then transferred the bitcoin into a variety of wallet addresses all under his control.

    Public records show Zhong was the president and CEO of a self-created company, JZ Capital LLC, which he registered in Georgia in 2014. According to his LinkedIn profile, his work there focused on “investments and venture capital.”

    His profile also states he was a “large early bitcoin investor with extensive knowledge of its inner workings” and that he had software development experience in computer programming languages.

    Zhong’s social media profiles include pictures of him on yachts, in front of airplanes, and at high-profile football games.

    But these types of hacks didn’t end with the Silk Road’s demise. Crypto platforms continue to be vulnerable to criminals.

    In October 2022, Binance, the world’s largest crypto exchange by trading volume, suffered a $570 million hack. The company said a bug in a smart contract enabled hackers to exploit a cross-chain bridge, BSC Token Hub. As a result, the hackers withdrew the platform’s native cryptocurrency, called BNB tokens.

    In March 2022, a different hacker found vulnerabilities in the decentralized finance platform Ronin Network and made off with more than $600 million — the largest hack to date. The private keys, which serve as passwords to protect cryptocurrency funds in wallets, were compromised.

    According to a Chainalysis report, $1.9 billion worth of cryptocurrency had been stolen in hacks of services through July 2022, compared with just under $1.2 billion at the same point in 2021. 

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  • Phoenix police arrest two in dismemberment death of veteran

    Phoenix police arrest two in dismemberment death of veteran

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    PHOENIX — Police investigating the killing of an 80-year-old Air Force veteran arrested two suspects after they allegedly pawned the chain saw used to dismember the victim’s body.

    Phoenix police said Thomas Wallace was being held Sunday on $1 million cash bond on suspicion of second-degree murder, concealing a dead body, theft of a pickup truck and trafficking in stolen property, while Romana Gonzalez is jailed on suspicion of fraud and theft.

    Authorities said Wallace, 58, had been a roommate of the victim and Gonzalez also stayed off and on at the home where the body was found. It was unclear Sunday if either has a lawyer to speak on their behalf. Police didn’t release the victim’s identity or the age of Gonzalez.

    Officers entered the home Nov. 1 for a welfare check and reported finding two black trash bags inside a bedroom, along with severed body parts in a pile of blankets, according to court documents. Homicide investigators then discovered blood on the ceiling, walls and furniture, and the victim’s head in layers of linen.

    The victim’s missing pickup truck was found at a motel down the street where Wallace and Gonzalez also were located and arrested Thursday, police said.

    Wallace and Gonzalez are accused of pawning some of the victim’s items last month for $50, including a 10-inch saw that still had pieces of flesh in the chain, and a camera bag with the victim’s business card inside.

    Ruby Lowry told Phoenix TV station KPNX that he was a good neighbor who would help anyone, and “he didn’t deserve that.”

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  • In bankrupt Lebanon, locals mine bitcoin and buy groceries with tether, as $1 is now worth 15 cents

    In bankrupt Lebanon, locals mine bitcoin and buy groceries with tether, as $1 is now worth 15 cents

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    Aerial view of the seafront Manara district near downtown Beirut.

    Bilwander | Getty Images

    When Georgio Abou Gebrael first heard about bitcoin in 2016, it sounded like a scam.

    But by 2019, as Lebanon plunged into a financial crisis following decades of expensive wars and bad spending decisions, a decentralized and borderless digital currency operating outside the reach of bankers and politicians sounded a lot like salvation. 

    Gebrael was an architect living in his hometown of Beit Mery, a village eleven miles due east of Beirut. He had lost his job and needed to figure out another way to quickly get ahold of cash. In the spring of 2020, Gebrael says, the banks were closed and locals were barred from withdrawing money from their accounts. Receiving cash via international wire transfer wasn’t a great option either, since these services would take U.S. dollars from the sender and give Lebanese pounds to the recipient at a much lower rate than market value, according to the 27-year-old. 

    “I would lose around half of the value,” explained Gebrael of the experience. “That’s why I was looking at bitcoin – it was a good way to get money from abroad.” 

    Gebrael discovered a subreddit dedicated to connecting freelancers with employers willing to pay in bitcoin. The architect’s first job was to film a short commercial for a company that sold tires. Gebrael was paid $5 in bitcoin. Despite the tiny amount, he was hooked.

    Georgio Abou Gebrael filmed a short commercial for a company that sells tires, in exchange for $5 worth of bitcoin.

    Georgio Abou Gebrael

    Today, half of Gebrael’s income is from freelance work, 90% of which is paid in bitcoin. The other half comes from a U.S. dollar-denominated salary paid by his new architecture firm. Beyond being a convenient way to earn a living, bitcoin has also become his bank.

    “When I get paid from my architecture job, I withdraw all my money,” continued Gebrael. He then uses that cash to buy small amounts of bitcoin every Saturday. The rest he keeps as spending money for daily needs and home renovations. 

    Gebrael isn’t alone in seeking alternative ways to earn, save, and spend money in Lebanon – a country whose banking system is fundamentally broken after decades of mismanagement. The local currency has lost more than 95% of its value since Aug. 2019, the minimum wage has effectively plummeted from $450 to $17 a month, pensions are virtually worthless, Lebanon’s triple-digit inflation rate is expected to be second only to Sudan this year, and bank account balances are just numbers on paper.

    “Not everyone believes that the banks are bankrupt, but the reality is that they are,” said Ray Hindi, CEO of a Zurich-based management firm dedicated to digital assets.

    “The situation hasn’t really changed since 2019. Banks limited withdrawals, and those deposits became IOUs. You could have taken out your money with a 15% haircut, then 35%, and today, we’re at 85%,” continued Hindi, who was born and raised in Lebanon before leaving at the age of 19.

    “Still, people look at their bank statements and believe that they’re going to be made whole at some point,” he said.

    Despite losing nearly all of their savings and pension, Gebrael’s parents – both of whom are career government employees – are holding out hope that the existing financial system will rightsize at some point. In the meantime, Gebrael is covering the difference.

    Others have lost faith in the monetary system altogether. Enter cryptocurrency.

    CNBC spoke with multiple locals, many of whom consider cryptocurrencies a lifeline for survival. Some are mining for digital tokens as their sole source of income while they hunt for a job. Others arrange clandestine meetings via Telegram to swap the stablecoin tether for U.S. dollars in order to buy groceries. Although the form that crypto adoption takes varies depending upon the person and the circumstances, nearly all of these locals craved a connection to money that actually makes sense.

    “Bitcoin has really given us hope,” Gebrael said. “I was born in my village, I’ve lived here my whole life, and bitcoin has helped me to stay here.”

    The lost ‘Paris of the Middle East’

    General view of Beirut, Lebanon in 1956.

    Bettmann | Lebanon League of Progress | Getty Images

    Between the end of the second World War and the start of Lebanon’s civil war in 1975, Beirut was in its golden age, earning it the title of “the Paris of the Middle East.” The world’s elite flocked to the Lebanese capital, which boasted a sizable Francophone population, Mediterranean seaside cafes, and a banking sector known for its resilience and emphasis on secrecy.

    Even after the brutal 15-year civil war ended in 1990, Lebanon competed with offshore banking jurisdictions such as Switzerland and the Cayman Islands as an ideal destination for the rich to park their cash. Lebanese banks offered both a certain degree of anonymity and interest rates ranging from highs of 15% to 31% on U.S. dollars, according to one estimate shared by Dan Azzi, an economist and former CEO of the Lebanese subsidiary of Standard Chartered Bank. In return, Lebanon drew in the foreign currencies that it so desperately needed to re-stock its coffers after the civil war.

    There were strings attached. Some banks, for example, had a lock-up window of three years and steep minimum balance requirements. But for a while, the system worked pretty well for everyone involved. The banks got an influx of cash, depositors saw their balances swiftly grow, and the government went on an undisciplined spending spree with the money it borrowed from the banks. The mirage of easy money was further reinforced by the government putting some of that borrowed cash toward maintaining a fixed exchange rate for deposit inflows at an overvalued peg.

    Tourism and international aid, plus foreign direct investment from oil-rich Gulf states, also went a long way toward shoring up the balance sheet of the central bank, Banque du Liban. The country’s brain drain and the subsequent boom in remittance payments sent home by the Lebanese diaspora injected dollars as well. 

    World Bank data shows remittances as a percentage of gross domestic product peaked at more than 26% in 2004, though it stayed high through the 2008 global financial crisis. Those payments, however, began to slow through the 2010s amid unrest throughout the region, and the growing prominence of Hezbollah – an Iranian-backed, Shiite political party and militant group – in Lebanon alienated some of the country’s biggest donors. 

    A vandalized ATM in Beirut, Lebanon.

    Anwar Amro | AFP | Getty Images

    Meanwhile, as the government splurged to try and rebuild from the civil war, the government’s budget deficit plunged further into the red, and its imports have far outstripped its exports for years.

    To try to stave off a total economic meltdown, in 2016, central bank chief Riad Salameh, an ex-Merrill Lynch banker who had been on the job since the early 1990s, decided to dial up banking incentives. People willing to deposit U.S. dollars earned astronomical interest on their money, which proved especially compelling at a time when returns elsewhere in the world were relatively underwhelming. El Chamaa tells CNBC that those who deposited U.S. dollars and then converted those dollars to Lebanese lira earned the highest interest.

    The era of easy money fell off a cliff in October 2019, when the government proposed a flurry of taxation on everything from gas, to tobacco, to WhatsApp calls. People took to the streets in what became known as the October 17 Revolution.

    As the masses revolted, the government defaulted on its sovereign debt for the first time ever in early 2020, just as the Covid pandemic took hold around the world. Making a terrible situation worse, in Aug. 2020, an explosion of a stockpile of ammonium nitrate stored at the port in Beirut – blamed on gross government negligence – killed more than 200 people and cost the city billions of dollars in damages. 

    Anti-government protesters take part in a demonstration against the political elites and the government, in Beirut, Lebanon, on August 8, 2020 after the massive explosion at the Port of Beirut.

    STR | NurPhoto via Getty Images

    The banks, spooked by all the chaos, first limited withdrawals and then shut their doors entirely as much of the world descended into lockdown. Hyperinflation took root. The local currency, which had a peg of 1,500 Lebanese pounds to $1 for 25 years, began to rapidly depreciate. The street rate is now around 40,000 pounds to $1. 

    “You need a backpack to go for lunch with a group of people,” explained Hindi.

    After re-opening, the banks refused to keep up with this extreme depreciation, and offered much lower exchange rates for U.S. dollars than they were worth on the open market. So money in the bank was suddenly worth much less.

    Azzi dubbed this new form of money “lollars,” referring to U.S. dollars deposited into the Lebanese banking system before 2019. Today, withdrawals of lollars are capped, and each lollar is paid out at a rate worth about 15% of its actual value, according to estimates from multiple locals and experts living across Lebanon.

    Meanwhile, banks still offer the full market-rate exchange rate for U.S. dollars deposited after 2019. These are now known colloquially as “fresh dollars.”

    For many Lebanese, this was the point at which money just stopped making sense. 

    “I send actual dollars from my dollar account in Switzerland to my dad’s Lebanese account,” Hindi told CNBC. “They count as fresh dollars because it came from abroad, but of course, my dad is running counterparty risk with the bank.”

    Mohamad El Chamaa, a 27-year-old Beirut-based journalist at L’Orient Today tells CNBC that when the bank began instituting these restrictions, he had $3,000 in his savings account from odd jobs he did in grad school.

    “One of my life’s regrets was not withdrawing my money in full before the crisis hit,” said El Chamaa, who is studying for a Masters in Urban Planning at the American University of Beirut. “I could see the writing on the wall, because the bank started charging me a small percentage for every dollar withdrawal I made a month before the crisis hit, which I thought was kind of odd.”

    El Chamaa says that he has since grown accustomed to withdrawing money from his bank account at a “bad rate” of 10% to 15% of its original worth, but “there is no way in hell” he would ever deposit cash in a Lebanese bank ever again. Instead, he keeps what remains of his life savings in cash and just uses his bank account to pay for his iCloud service and music streaming account. 

    Currency exchange dealer in Lebanon shows a U.S. dollar and Lebanese lira as the value of the country’s currency against the USD continues to plunge.

    Houssam Shbaro | Anadolu Agency | Getty Images

    Access to his account is spotty. The banks closed again in September, and there are daily nationwide power cuts, which translate to limited ATM access.

    Bank heists in which locals demand money from their personal accounts by force are the new norm. Some have brandished a toy gun and a hunting rifle, while others have taken hostages in an effort to access their savings to pay hospital bills. The assailants include a Member of the Lebanese Parliament who demanded her frozen savings for medical expenses and a former Lebanese ambassador

    “It gets worse over time, but the fundamentals have been bad since 2019. They haven’t changed that much,” said Hindi.

    The World Bank says Lebanon’s economic and financial crisis is among the worst it’s seen anywhere on the planet since the 1850s. The United Nations estimates that 78% of the Lebanese population has now fallen below the poverty line.

    Goldman Sachs analysts estimate losses at the local banks are around $65 billion to $70 billion – a figure that is four times the country’s entire GDP. Fitch projects inflation rising to 178% this year – worse than in both Venezuela and Zimbabwe – and there are conflicting messages from the government’s top brass as to whether the country is officially bankrupt.

    The International Monetary Fund is in talks with Lebanon to put a big bandaid over the whole mess. The global lender is considering extending a $3 billion lifeline – with a lot of conditions attached. Meanwhile, there is a power vacuum as Parliament keeps trying and failing to elect a president

    Demonstrator looks on as Lebanese policemen stand guard outside the Central Bank in Dec. 2018.

    Anwar Amro | AFP | Getty Images

    Mine-to-earn

    A little over two years ago, Ahmad Abu Daher and his friend began mining ether with three machines running on hydroelectric power in Zaarouriyeh, a town 30 miles south of Beirut in the Chouf Mountains.

    At the time, ethereum — the blockchain underpinning the ether token — operated on a proof-of-work model, in which miners around the world would run high-powered computers that crunched math equations in order to validate transactions and simultaneously create new tokens. This is how the bitcoin network is still secured today.

    The process requires expensive equipment, some technical know-how, and a lot of electricity. Because miners at scale compete in a low-margin industry, where their only variable cost is energy, they are driven to migrate to the world’s cheapest sources of power.

    Abu Daher taps into a hydropower project which harnesses electricity from the 90-mile Litani River that cuts across southern Lebanon. He says he is getting 20 hours a day of electricity at old pre-inflationary rates.

    “So basically, we are paying very cheap electricity, and we are getting fresh dollars through mining,” continued Abu Daher.

    Ahmad Abu Daher and his friend began mining ether with three machines running on hydroelectric power in Zaarouriyeh, a town 30 miles south of Beirut in the Chouf Mountains. Abu Daher has since scaled his business to thousands of machines spread across Lebanon.

    Ahmad Abu Daher

    When 22-year-old Abu Daher saw that his mining venture was profitable, he and his friend expanded the operation.

    They built their own farm with rigs acquired at fire sale prices from miners in China and began re-selling and repairing mining equipment for others. They also started to host rigs for people living across Lebanon, who needed stable money but lacked the technical expertise, as well as the access to cheap and steady electricity — a highly coveted commodity in a country with crippling electricity blackouts. Abu Daher also has customers outside of Lebanon, in Syria, Turkey, France, and the United Kingdom.

    It has been 26 months since they first set up shop, and business is thriving, according to Abu Daher. He says that he had profits of $20,000 in September — half from mining, half from selling machines and trading in crypto.

    The government, facing electrical shortages, is trying to crack down.

    In Jan., police raided a small crypto mining farm in the hydro-powered town of Jezzine, seizing and dismantling mining rigs in the process. Soon after, the Litani River Authority, which oversees the country’s hydroelectric sites, reportedly said that “energy intensive cryptomining” was “straining its resources and draining electricity.”

    But Abu Daher tells CNBC he is neither worried about being raided — nor the government’s proposal to hike up the price of electricity.

    AntMiner L3++ miners running at one of Ahmad Abu Daher’s crypto farms in Mghayriyeh in the Chouf Mountains.

    Ahmad Abu Daher

    “We had some meetings with the police, and we don’t have any problems with them, because we are taking legal electricity, and we are not affecting the infrastructure,” he said.

    Whereas Abu Daher says that he has set up a meter that officially tracks how much energy his machines have consumed, other miners have allegedly hitched their rigs to the grid illegally and are not paying for power.

    “Basically, a lot of other persons are having some issues, because they are not paying for electricity, and they are affecting the infrastructure,” he said.

    Rawad El Hajj, a 27-year-old with a marketing degree, found out about Abu Daher’s mining operation three years ago through his brother.

    “We started because there is not enough work in Lebanon,” El Hajj said of his motivation to jump into mining.

    El Hajj, who lives south of the capital in a city called Barja, began small, purchasing two miners to start.

    “Then every month, we started to go bigger and bigger,” El Hajj told CNBC.

    Rawad El Hajj, a 27-year-old with a marketing degree, tells CNBC that his 11 machines mine for litecoin and dogecoin.

    Rawad El Hajj

    Because of the distance to Abu Daher’s farms, El Hajj pays to outsource the work of hosting and maintaining the rigs. He tells CNBC that his 11 machines mine for litecoin and dogecoin, which collectively bring in the equivalent of about .02 bitcoin a month, or $426.

    It’s a similar story for Salah Al Zaatare, an architect living 20 minutes south of El Hajj in the coastal city of Sidon. Al Zaatare tells CNBC that he began mining dogecoin and litecoin in March of this year to augment his income. He now has 10 machines that he keeps with Abu Daher. Al Zaatare’s machines are newer models so he pulls in more than El Hajj — about $8,500 a month.

    Al Zaatare pulled all of his money out of the bank before the crisis hit in 2019, and he held onto that cash until deciding to invest his life savings into mining equipment last year.

    “I got into it, because I think it will become a good investment for the future,” Al Zaatare told CNBC.

    Official government data shows that just 3% of those earning a living in Lebanon are paid in a foreign currency such as the U.S. dollar, so mining offers a rare opportunity to get ahold of fresh dollars.

    “If you can get the machine, and you get the power, you get the money,” said Nicholas Shafer, a University of Oxford academic studying Lebanon’s crypto mining industry.

    Abu Daher, who graduated from the American University of Beirut six months ago, has also been experimenting with other ways to get more use out of crypto mining. As part of his year-end project at university, he designed a system to harness the heat from the miners as a means to keep homes and hospitals warm during the winter months.

    But mining crypto tokens to earn a living is not for everybody.

    Gebrael considered it, but ultimately, the cost of buying gear, plus paying for electricity, cooling, and maintenance seemed like a roundabout way of getting what he wanted.

    “It’s easier to just buy bitcoin,” he said.

    AntMiner L3++ miners running at one of Ahmad Abu Daher’s crypto farms in his village of Zaarouriyeh.

    Ahmad Abu Daher

    Tether as currency

    When Gebrael needs cash to pay for groceries and other basics, he first uses a service called FixedFloat to swap some of the bitcoin he has earned through his freelance work for tether (also known as USDT), a stablecoin that is pegged to the U.S. dollar. After that, he goes to one of two Telegram groups to arrange a trade of tether for U.S. dollars. While tether does not offer the same potential for appreciation as other cryptocurrencies, it represents something more important: a currency that Lebanese still trust.

    Each week, Gebrael finds someone willing to make the swap, and they set up an in-person meeting. Because he is often making the trade with a stranger, Gebrael typically chooses public spaces, like a coffee shop, or the ground floor of a residential building.

    “One time I was scared because it was at night and the person I contacted asked me to go up to their apartment,” Gebrael said of one hand-off. “I asked them to come meet me on the street, and it all went fine. I try to stay as safe as possible.”

    These kinds of backchannels have become a critical lifeline to fresh dollars, which are vital in Lebanon’s mostly-cash economy.

    “It’s easy here to get cash from crypto,” said El Hajj of his experience. “There’s a lot of guys that exchange USDT for cash.”

    Exchanges over the Telegram group that Gebrael uses range from $30 to trades in the hundreds of thousands of dollars.

    In addition to Telegram, a network of over-the-counter traders specialize in swapping several different types of fiat currencies for cryptocurrencies. The model bears resemblance to the centuries-old hawala system – which facilitates cross-border transactions via a sophisticated network of money exchangers and personal contacts.

    Lebanese anti-government protesters seal an ATM with tape in Beirut during a rally against the banking system on November 11, 2019.

    Patrick Baz | AFP | Getty Images

    Abu Daher offers exchange services in tandem with his mining business, and charges a 1% commission fee to both of the parties participating in the trade.  

    “We started by selling and buying USDT because the amount of demand on USDT is very high,” said Abu Daher, who added that he was “shocked” at the flood of inbounds for his service.

    Some people are tinkering with covering their daily expenses in tether directly to avoid either paying commissions to crypto exchangers — or having to go through the motions of setting up an informal trade with a stranger.

    A man stands outside a currency exchange booth in the Lebanese capital on October 1, 2019.

    Joseph Eid | AFP | Getty Images

    Even though accepting crypto as a payment method is prohibited under Lebanese law, businesses are actively advertising that they accept crypto payments on Instagram and other social media platforms.

    “The use of USDT is widespread. There’s a lot of coffee shops, restaurants, and electronics stores that accept USDT as a payment, so that’s convenient if I need to spend not in fiat, but from my bitcoin savings,” explained Gebrael. “The government has much bigger problems right now than to worry about some stores accepting cryptocurrency.”

    Local businesses in the Chouf region have also begun to accept crypto payments amid the rise of mining farms, according to El Chamaa. In Sidon, the 26-year-old owner of a restaurant called Jawad Snack says that around 30% of his transactions are in crypto, according to written comments translated by Abu Daher and shared with CNBC via WhatsApp.

    “It’s better for me to accept tether or U.S. dollars due to the huge inflation in the Lebanese lira,” continued the owner, who added that once he is paid in tether, he cashes it out to fiat through a trader in the black market. He says he typically uses Abu Daher for this, since he lives the closest.

    Abu Daher uses tether to pay for imported machines, but he still has to cover a lot of his expenses in the Lebanese lira (electricity, internet fees, and rent), as well as in U.S. dollars (cooling systems and security systems).

    Some hotels and tourism agencies accept tether, as does at least one auto mechanic living in Sidon.

    Detailed administrative and political vector map of Lebanon.

    Getty Images

    Indeed, new research from blockchain data firm Chainalysis shows that Lebanon’s crypto transaction volume is up about 120%, year-over-year, and it ranks second only to Turkey in terms of the volume of cryptocurrency received among countries in the Middle East and North Africa. (Globally, it’s in 56th place in peer-to-peer trading volume.)

    Access to a smartphone is critical, too. Although official statistics show that internet penetration in Lebanon is around 80%, the country’s debilitating power cuts disrupt internet service. But the country’s telecom networks operate their own power generators to keep running continuously.

    “We are putting our money in our phones. That is the easiest way,” said Abu Daher.

    A Lebanese woman stands next to her empty refrigerator in her apartment in the port city of Tripoli, north of Beirut, on June 17, 2020.

    Ibrahim Chalhoub | AFP | Getty Images

    Bitcoin as a bank

    In 2017, Marcel Younes was working as a marketing manager with Pfizer in Beirut when he tried to get rich by getting into bitcoin.

    A pharmacist by training, Younes soon strayed from tracking price charts and instead became engrossed by the economic theory underpinning digital currencies like bitcoin.

    As he continued his studies, he noticed a lot of similarities between Lebanon, Venezuela, and Argentina.

    “I panicked and withdrew all my money from the bank,” said Younes, who added that he emptied his account in mid-2019 — just a couple months before banks locked people out of their accounts. “I was paranoid thanks to bitcoin.”

    Younes tells CNBC that he initially moved 15% of his money into bitcoin, and he kept the remaining balance in cash. Today, 70% of his cash is in bitcoin.

    “I was actually telling everyone to do the same in my family, like, please try to withdraw some money, and don’t keep it in the bank,” said Younes.

    “But no one really believes a pharmacist — a person who is not related to our banking system,” said Younes.

    Graffiti reading “VIRUS” and “THIEF” covers the facade of a fortified local branch of the Bank of Beirut in the Lebanese capital on May 18, 2020.

    Patrick Baz | AFP | Getty Images

    A man holding a smartphone shows a screen grab taken from a video of an armed depositor gesturing at employees of a local bank in Beirut after he stormed the branch and held employees and customers as hostages. The man, who entered the bank carrying a machine gun and gasoline, demanded to be handed over part of his deposited money, which amounts to $209,000.

    Marwan Naamani | Picture Alliance | Getty Images

    Multiple sources tell CNBC that people across the country are afraid to put their money in the banks or store it in cash at home because of the risk of theft. Alex Gladstein, chief strategy officer for the Human Rights Foundation, says these kinds of situations are one clear value proposition for bitcoin.

    In bitcoin, one of the mantras is — “not your keys, not your coins” — meaning that rightful ownership of tokens comes through the custody of the passwords that enable the crypto to be moved out of the wallet.

    “If you had your money in the bank in Lebanon, it’s all gone. Who knows how much of it you will ever see again. Meanwhile, bitcoin rises and falls in the global market, but if you self-custody your bitcoin, you always have it as an asset, and you can use it as you see fit and send it anywhere in the world,” explained Gladstein. “It has superpowers compared to fiat currency.”

    There are a lot of ways to store crypto coins. Online exchanges like Coinbase, Binance, and PayPal will custody tokens for users. Abu Daher, for example, keeps 100% of his cash in online crypto wallets on Binance and KuCoin, as does Al Zaatare, who says that he saves his bitcoin on Binance.

    More tech-savvy users sometimes cut out the middleman and hold their crypto cash on personally owned hardware wallets. Gebrael, for example, prefers the autonomy and security that he derives from self-custody of his bitcoin. He tells CNBC that he keeps all of his bitcoin in cold storage on a thumb drive-sized device called a Trezor hardware wallet.

    A person holds a cryptocurrency hardware wallet.

    Geoffroy Van Der Hasselt | AFP | Getty Images

    Beyond the added security of holding his own keys and disconnecting his wallet from the internet, Gebrael says the appeal of cold storage has a lot to do with the fact that he doesn’t have to connect his personal identity to his bitcoin. He added that the anonymity offered by self-custody helps protect him from being caught in the crosshairs of government-issued sanctions. Gebrael cited the example of the Canadian government blacklisting all crypto exchange wallets connected to the truckers participating in the ‘Freedom Convoy’ protests.

    Gebrael says he also doesn’t like the user experience of centralized digital asset exchanges like Binance and Coinbase “with all their flashy charts.”

    “It’s like one huge casino, and they want you to gamble your money,” said Gebrael.

    Lebanon has six bitcoin ATMs — one in Aamchit and five in Beirut, according to metrics offered by coinatmradar.com. But those who spoke with CNBC for this story say that the optimal on-ramps to accessing bitcoin are either earning it (through mining or paid work), or buying it with tether.

    A worker uses a mobile phone torchlight to illuminate his cutting space at the fish market, where portable emergency lighting runs due to a power cut, in Beirut, Lebanon, on Wednesday, Sept. 8, 2021.

    Francesca Volpi | Bloomberg | Getty Images

    When asked how reliable it is to safeguard wealth in an inherently volatile asset like bitcoin — which is down more than 70% in the last year — Younes says that “it’s a matter of perception.”

    “If you go back to two, three years ago, it was $3,500,” said Younes, who added that he isn’t really concerned about the price of bitcoin.

    When Younes first bought bitcoin, it was trading at about $20,000, so as of today, he tells CNBC that he hasn’t made any money. But investing his cash into the world’s largest cryptocurrency also has to do with the fact that he wants to bet on a new monetary system.

    “Bitcoin offers a system that is uncorruptible; a system that is basically permissionless and censorship-resistant,” he said. “No one can really devalue bitcoin due to its monetary policy, which is 21 million bitcoin.”

    Ultimately, money is a human belief system. For some in Lebanon, it has been a lifeline, for others, it’s a passing fad.

    El Chamaa hasn’t turned to crypto, and he stands by the decision, even after spending time reporting on the ground at Abu Daher’s crypto mines.

    “If you look at what bitcoin and ethereum are worth today, I mean, it’s worth a fraction of what it was a year ago. So I’m kind of glad I didn’t get into it,” said El Chamaa.

    “Warren Buffett is basically saying that it doesn’t have an intrinsic value and just passing it on to the next person and helping to make a profit off of that doesn’t make any sense. So I’m a bit skeptical,” he said.

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  • Trump Org. trial off until Thursday after witness gets COVID

    Trump Org. trial off until Thursday after witness gets COVID

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    NEW YORK — A criminal trial involving tax fraud charges against Donald Trump’s company won’t resume until late next week at the earliest as a key witness continues to recover from COVID-19.

    Court spokesperson Lucian Chalfen said the trial, in state court in Manhattan, is slated to resume on Thursday — not Monday, as the judge had previously hoped.

    The Trump Organization trial was abruptly halted Tuesday when longtime company senior vice president and controller Jeffrey McConney tested positive for the virus.

    McConney was on the witness stand for the first two days of testimony, Monday and Tuesday. He coughed off and on as he walked prosecutors through the company’s bookkeeping and payroll practices.

    By Tuesday’s lunch break, McConney’s symptoms had worsened, prompting him to take a COVID test. Chalfen said he was not aware of anyone else involved in the case testing positive.

    If the trial resumes Thursday, it will be the only day the case is in court next week.

    Court is closed Tuesday for Election Day and Friday for Veterans Day. The judge, Juan Manuel Merchan, previously said he would not hold the trial on Wednesdays.

    Merchan has said he expected the trial to take at least four weeks. The prolonged delay could push it into mid-December or beyond.

    The Trump Organization is accused of helping some of its top executives avoid income taxes on lavish company-paid perks, including a Manhattan apartment and luxury cars.

    McConney was granted immunity to testify last year before a grand jury and again to testify at the criminal trial.

    Before Tuesday’s adjournment, McConney told jurors he altered company pay records to reduce one executive’s income tax bill and recounted how the company changed its pay practices and financial arrangements once Trump was elected president in 2016.

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  • Federal prosecutors charge ex-CEOs of MoviePass, parent company in alleged fraud scheme

    Federal prosecutors charge ex-CEOs of MoviePass, parent company in alleged fraud scheme

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    Sopa Images | Lightrocket | Getty Images

    Former executives at MoviePass and its parent company have been charged with fraud, according to a federal indictment that was unsealed Friday.

    Theodore Farnsworth, 60, former CEO of Helios & Matheson, and Mitchell Lowe, 70, former CEO of MoviePass, are charged with misleading investors and making false statements about the movie subscription service to boost the stock price of its parent company, Helios & Matheson Analytics.

    The indictment alleges that Farnsworth and Lowe in 2017, while describing the company’s $9.95 “unlimited” movie plan as thoroughly tested, sustainable and profitable, were aware that MoviePass’s offer was a marketing gimmick and that its parent company did not possess the technology or capability to monetize subscriber data.

    Nor had the company done the rigorous marketing testing that it claimed to have completed, the Justice Department said.

    MoviePass skyrocketed to popularity in 2017 because of its seemingly too-good-to-be-true unlimited movie pass that initially offered customers one movie voucher per day for $30 to $40 a month. The hope was that most subscribers wouldn’t actually use the service regularly, in the same way that gyms are able to offset cheap monthly fees because of no-show subscribers.

    However, many MoviePass subscribers began to use the service too frequently and the company started to lose money quickly. In an effort to stay afloat, MoviePass began limiting the number of titles available among other restrictions. The service underwent several iterations of price and offerings before shuttering.

    Without the backing of movie theaters, which had balked at MoviePass’ business model and intrusion into the industry, the company was forced to dismantle in September 2019.

    Co-founder Stacy Spikes regained ownership of the company in late 2021, but a new version of MoviePass has yet to make its official debut. The company is currently planning beta tests in several cities including Chicago. The expectation is that the new subscription will offer three pricing tiers for $10, $20 and $30, respectively, with each level having a certain number of credits that can be used towards redeeming movie tickets.

    Lowe and Farnsworth do not appear to be connected to the new iteration of MoviePass.

    According to the DOJ document, the pair also allegedly knew that the price of MoviePass’ unlimited plan would not be enough to offset losses. The plan was to grow new subscribers, inflate Helios & Matheson’s stock and attract new investors, the indictment said.

    The news of the indictment comes after the Securities and Exchange Commission in September accused Lowe, Farnsworth and another former MoviePass executive, Khalid Itum, of making false statements and falsifying records.

    “The indictment repeats the same allegations made by the Securities and Exchange Commission in the Commission’s recent complaint filed on September 27th against Mr. Farnsworth, concerning matters that were publicly disclosed nearly three years ago and widely reported by the news media,” said Chris Bond, a spokesman for Farnsworth in a statement. “As with the SEC filing, Mr. Farnsworth is confident that the facts will demonstrate that he has acted in good faith, and his legal team intends to contest the allegations in the indictment until his vindication is achieved.”

    Representatives for Lowe did not immediately respond to request for comment.

    On Friday, the Justice Department said Farnsworth and Lowe are alleged to have falsely claimed that the number of tickets MoviePass subscribers were purchasing as part of their subscription was declining over time. Instead, the pair had directed employees to implement tactics to prevent subscribers from using their unlimited service, according to prosecutors.

    The former CEOs are charged with one count of securities fraud and three counts of wire fraud. If convicted, they each face a maximum penalty of 20 years in prison.

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  • Judge says he’ll appoint monitor for Donald Trump’s company

    Judge says he’ll appoint monitor for Donald Trump’s company

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    NEW YORK — A Manhattan judge said Thursday he will appoint an independent monitor for former President Donald Trump’s real estate empire, restricting his company’s ability to freely make deals, sell assets and change its corporate structure.

    Judge Arthur Engoron ordered the outside watchdog for the Trump Organization as he presides over a lawsuit in which New York Attorney General Letitia James alleges Trump and the company routinely misled banks and others about the value of prized assets, including golf courses and hotels bearing his name.

    James’ office says the Trump Organization is continuing to engage in fraud and has taken steps to dodge potential penalties from the lawsuit, such as incorporating a new entity in Delaware named Trump Organization LLC — almost identical to the original company’s name — in September, just before the lawsuit was filed.

    Engoron, in an 11-page order, barred the Trump Organization from selling or transferring any noncash assets without giving the court and James’ office 14 days notice. The to-be-named monitor will be charged with ensuring the company’s compliance and will immediately report any violations to the court and lawyers for both sides.

    The Trump Organization must also grant the monitor access to its financial statements, asset valuations and other disclosures, must provide a full and accurate description of the company’s structure and must give the monitor at least 30 days notice of any potential restructuring, refinancing or asset sales, Engoron said.

    The company must also pay for the monitor, he said.

    Engoron’s decision to appoint a monitor is just the latest ruling he’s made against Trump or his interest. While presiding over disputes over subpoenas issued in James’ investigation, the judge, a Democrat, held Trump in contempt and fined him $110,000 after he was slow to turn over documents, and he forced him to sit for a deposition. In that testimony, Trump invoked his Fifth Amendment protection against self-incrimination more than 400 times.

    James, a Democrat, is seeking $250 million and a permanent ban on Trump, a Republican, doing business in the state. In the interim, she wants an independent monitor to review and sign off on some of the company’s core business decisions, including any asset sales or transfers and potential corporate restructuring.

    “Our goal in doing this is not to impact the day-to-day operations of the Trump Organization,” said James’ senior enforcement counsel, Kevin Wallace. He said the desired oversight would be “limited” and wouldn’t involve intricacies, such as how many rounds of golf or hotel rooms they were booking in a given year.

    “The Trump Organization has a persistent record of not complying with existing court orders,” Wallace said. “It should not be incumbent on the court or the attorney general to spend the next year looking over their shoulder, making sure assets aren’t sold or the company restructured.”

    Trump sued James in Florida on Wednesday, seeking to block her from having any oversight over the family trust that controls his company. Trump’s 35-page complaint rehashed some claims from his previously dismissed lawsuit against James in federal court in New York, including that her investigation of him is a “political witch hunt.”

    Wallace said at Thursday’s hearing that James’ office is seeking to stop “fraudulent activities that are ongoing at the Trump Organization” and wants safeguards in place so that the company can’t just sell off assets, such as Trump Tower and an office building at 40 Wall Street, that could eventually be used to pay a potential lawsuit judgment.

    Trump Organization lawyer Christopher Kise responded that the company has “no intention” to divest those properties, which together he says conservatively have a value of at least $250 million. The “Trump entities are not going anywhere,” he added.

    Kise argued that James’ lawsuit was much ado about common, good-faith disagreements in the real estate industry. If banks that loaned Trump money felt he or the company had acted improperly, they would have spoken up, Kise said.

    “There’s no problem. There’s no case here,” Kise said. “It’s mind-numbing that we’re going to have a receiver insert himself or herself into these complex transactions instead of the owner of this real estate.”

    Engoron took issue with at least one aspect of Kise’s reasoning, asking him if there was really a “good-faith disagreement” when Trump claimed his Trump Tower penthouse was three times its actual size, and $200 million more valuable.

    As for the new Trump entity that drew concern from James’ office, Kise said the company — listed in a New York corporate filing as Trump Organization II — had nothing to do with dodging potential penalties from James’ lawsuit, but rather “consolidation of payroll issues that have arisen in other contexts.”

    Kise didn’t offer additional details. The Trump Organization’s payroll practices are among the issues being raised at the company’s Manhattan criminal fraud trial, which was halted Tuesday and is expected to resume Monday after a witness tested positive for COVID-19.

    ——

    Follow Michael Sisak on Twitter at twitter.com/mikesisak

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  • Philadelphia councilman, wife acquitted of fraud charges

    Philadelphia councilman, wife acquitted of fraud charges

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    PHILADELPHIA — A Philadelphia City Council member and his wife have been acquitted of corruption charges in federal court.

    Jurors deliberated for five days before finding Councilman Kenyatta Johnson and his wife, Dawn Chavous, not guilty Wednesday in their second trial on honest services wire fraud charges.

    The Philadelphia Inquirer reports that as the jury’s decision was announced, Johnson cradled his face in relief and Chavous embraced her attorney, then collapsed on the defense table in sobs. Outside the courtroom, Johnson thanked supporters “for their prayers and their emails and their showing up to court and believing in us.”

    “I’m looking forward to getting back to addressing the issue of gun violence here in the city of Philadelphia, and most importantly representing my constituents,” he told reporters.

    Earlier this year, a mistrial was declared in their first trial when jurors were unable to reach agreement after about 25 hours of deliberations over four days.

    Johnson, a Democrat who has served on the council since 2012, was accused of engaging in official actions in exchange for payments. Chavous was accused of having entered into a “sham” consulting agreement with a nonprofit that was used to funnel payments to her husband.

    Defense attorneys said prosecutors lacked evidence to support their case, defending the work of Chavous as legitimate and saying it had nothing to do with Johnson’s actions on the council.

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