Separately, the Securities and Exchange Commission and the Commodity Futures Trading Commission filed civil lawsuits against the 28-year-old Ellison and 29-year-old Wang, accusing them of fraud.
“As part of their deception, we allege that Caroline Ellison and Sam Bankman-Fried schemed to manipulate the price of FTT, an exchange crypto security token that was integral to FTX, to prop up the value of their house of cards,” said SEC chair Gary Gensler.
As chief executive of the FTX trading affiliate, Ellison “used FTX’s customer assets to pay Alameda’s debts” and diverted billions of dollars of depositors’ money to the company to fill a hole caused by a crypto market crash in May, the SEC’s complaint alleges.
The CFTC said Wang had a hand in creating some of the algorithms that underpinned FTX, which allowed Alameda “to maintain an essentially unlimited line of credit” on the exchange, giving it an “unfair advantage” over regular depositors.
“These critical code features and structural exceptions allowed Alameda to secretly and recklessly siphon FTX customer assets from the FTX platform,” the CFTC added.
Both defendants are co-operating with the SEC, the agency said. The CFTC said they were not contesting their liability.
A lawyer for Wang, Ilan Graff, said: “Gary has accepted responsibility for his actions and takes seriously his obligations as a co-operating witness.” Lawyers for Ellison did not immediately respond to requests for comment.
The US Department of Justice last week filed charges against Bankman-Fried and accused him of orchestrating “one of the biggest financial frauds in American history” by misappropriating customer assets from FTX to Alameda Research.
He was arrested in the Bahamas, where he lives. He is also facing parallel civil cases from the SEC and CFTC. Bankman-Fried stepped down as chief executive of FTX as it filed for Chapter 11 bankruptcy last month.
Williams reiterated his call for others who worked with Bankman-Fried to come forward. “If you participated in misconduct at FTX or Alameda, now is the time to get ahead of it,” he said. “We are moving quickly and our patience is not eternal.”
A representative for Bankman-Fried declined to comment.
Written by: Joe Miller
© Financial Times