• A recent legal action accuses renowned firm Fenwick & West in Silicon Valley of aiding fraudulent actions by FTX exchange and its founder, Sam Bankman-Fried. 

• The lawsuit cites $10B mishandling. 

A recently initiated collective legal action presents serious accusations against renowned legal firm Fenwick & West in Silicon Valley. The lawsuit alleges that the firm played an active role in concealing and facilitating fraudulent actions committed by the defunct cryptocurrency exchange FTX and its founder, Sam Bankman-Fried.

Officially submitted to the federal court on August 7, the lawsuit contends that Fenwick maintained an extremely close connection with FTX as its legal advisor. This connection enabled the firm to offer services that aided FTX’s rapid expansion while being conscious of illicit practices.

According to the complaint,

Fenwick provided services to the FTX Group entities that went well beyond those a law firm should and usually does provide… and the services and strategies it provided to the FTX Group were similarly central to the FTX Group’s fraud.

The fact that two former attorneys from Fenwick joined FTX in critical legal and compliance roles supports the strong connections. As per the lawsuit, Fenwick allegedly created front companies that purportedly redirected billions of customer funds to Alameda Research, which is Bankman-Fried’s trading company.

Despite obvious warning signs, the legal firm purportedly guided FTX on devising innovative transaction arrangements to avoid regulatory investigation. The extensive 70-page collective action lawsuit outlines accusations against Fenwick, asserting its active assistance in fraudulent activities and potential mishandling of customer funds amounting to up to $10 billion.

According to the details outlined in the submission,” Fenwick helped set up the shadowy entities through which Bankman-Fried and the FTX Insiders operated a fraud.” Additionally, the lawsuit additionally references Bankman-Fried’s incriminating statement to reporters, where he admitted that FTX’s public stance on compliance was simply a façade for public relations.

As stated in the legal complaint, Fenwick supplied extensive legal support that facilitated FTX’s rapid expansion despite growing concerns about missing customer funds and serious conflicts of interest.

The lawsuit alleges that Fenwick even assisted FTX US in devising “compliance” procedures meant to circumvent regulatory obligations and conceal instances of non-compliance. The legal action asserts that Fenwick shares responsibility for the substantial losses incurred when FTX shockingly collapsed in November 2022.

FTX’s Bankruptcy: November 2022 Crisis

Fenwick & West faced a similar class-action lawsuit in February that accused them of aiding Bankman-Fried and FTX in establishing their business. Furthermore, the lawsuit from February, which also implicated FTX investor and venture capital firm Sequoia Capital, alleged that the services provided by Fenwick & West played a pivotal role in Bankman-Fried’s fraudulent activities.

In addition, a June 21 Reuters report stated that the law firm recently enlisted the assistance of Gibson Dunn, a peer legal firm, to handle legal matters connected to its alleged involvement with FTX. Additionally, in November 2022, FTX crumbled and submitted for bankruptcy as it encountered difficulties managing a substantial surge in customer withdrawal requests.

Moreover, Bankman Fried is confined to his residence and confronts 12 accusations, encompassing wire fraud, conspiracy, and money laundering. Furthermore, on August 8, prosecutors announced their intention to reintroduce a charge linked to illicit campaign finance. This comes after concerns about potentially violating a treaty commitment with the Bahamas had previously led to the dismissal of this charge.