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FTX Sues SBF, Embed to Recover $240 Million it Spent on “Useless” Platform

On Wednesday, FTX filed three lawsuits seeking to recover just over $240 million it had spent on Embed only weeks before filing for bankruptcy.

Smartphone displaying FTX's "F" in front of several screens displaying several charts.
Image courtesy of 123rf.
Editorial disclosureRead more

All reviews, research, news and assessments of any kind on The Tokenist are compiled using a strict editorial review process by our editorial team. Neither our writers nor our editors receive direct compensation of any kind to publish information on tokenist.com. Our company, Tokenist Media LLC, is community supported and may receive a small commission when you purchase products or services through links on our website. Click here for a full list of our partners and an in-depth explanation on how we get paid.

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According to a Thursday report, FTX filed three lawsuits pertaining to the bankrupt company’s acquisition of Embed, a stock trading platform, in 2022. FTX is allegedly seeking to claw back approximately $240 million. In the lawsuits, John J. Ray III described last year’s acquisition as “old-fashioned embezzlement.”

FTX Wants to Recover $240 Million From Embed Acquisition, Calls the Platform Uselless

The bankrupt cryptocurrency exchange FTX reportedly filed three lawsuits with regard to its 2022 acquisition of Embed on May 17th. The lawsuits are aimed at Sam Bankman-Fried, Embed stakeholders, and Embed’s co-founder Michael Giles along with other executives.

Considering the purchase of Embed was finalized mere weeks before FTX itself filed for bankruptcy, the company has the right to seek to claw back the money it spent under US law. Additionally, the platform was allegedly acquired at a severely inflated price without any prior research into its actual usefulness.

Reportedly, as a stock trading platform, Embed is both bug-ridden and generally useless. In total, FTX is seeking to claw back around $240 million from the acquisition—$236.8 million from Giles and other stakeholders, and another $6.9 million from minority stakeholders.

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Recovering FTX’s Missing Assets a “Herculean Investigative Effort”

Soon after FTX filed for bankruptcy—and as the scale of wrongdoing within the company became known—the question of how much of its assets can the current management even recover emerged. Only weeks after the company collapsed, the team headed by Ray even hired forensic investigators to help with the search for the missing money.

Despite a January report calling the effort to locate and secure the assets a “Herculean” task, 2023 has brought some cause for cautious optimism. The bankrupt exchange has released multiple reports on its progress and has even undertaken several actions in an attempt to recover its assets.

Perhaps the largest of these is the lawsuit against DCG’s Grayscale seeking to unlock up to $9 billion of FTX’s assets. Still, there have also been several setbacks, and some recent revelations, like the carefree way in which Sam Bankman-Fried discussed the loss and misplacement of tens of millions of dollars, still give sufficient cause for concern.

Editorial note (May 19th, 2023, 01:41 PM EST): The article was edited for clarity.

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Do you think FTX will manage to recover the $240 million from Embed? Let us know in the comments below.

Tim Fries

Tim Fries

Author · Tokenist

Tim Fries is the cofounder of The Tokenist. He has a B. Sc. in Mechanical Engineering from the University of Michigan, and an MBA from the University of Chicago Booth School of Business. Tim served as a Senior Associate on the investment team at RW Baird's US Private Equity division, and is also the co-founder of Protective Technologies Capital, an investment firm specializing in sensing, protection and control solutions.

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