Nov 20, 2024

Forensic Accountant Uncovers Misuse of $9 Billion in FTX Customer Funds

by Lawrence J. Tjan | Nov 04, 2023
A man in a suit walks outside a building, amidst a backdrop of blurred vehicles and urban scenery. Photo Source: Andrey Rudakov | Bloomberg via Getty Images

In a recent trial involving FTX founder Sam Bankman-Fried, where a jury found him guilty of all counts last week, a forensic accountant has played a pivotal role in tracing the whereabouts of a staggering $9 billion in missing customer funds. Peter Easton, an accounting professor at the University of Notre Dame, was brought in by the prosecution to dissect the financial intricacies of the case.

Easton confirmed that FTX had indeed misused customer funds. His meticulous accounting revealed that these funds were reinvested into various businesses and real estate ventures and used for political contributions and charitable donations.

Easton pointed out specific transactions involving Bankman-Fried that could not have been completed without dipping into customer funds. This contradicts Bankman-Fried's previous statements in an interview with ABC’s George Stephanopoulos, where he denied any improper use of customer money.

According to Easton, FTX was supposed to hold $11.3 billion in customer funds at Alameda Research as of June 2022. However, the actual amount in the bank accounts was a mere $2.3 billion. Easton discovered that the funds began losing their backing as early as March 2021.

Easton's forensic accounting also revealed that customer funds were invested in Anthony Scaramucci’s SkyBridge Capital and Lily Zhang’s Modulo Capital. Additionally, FTX customers unknowingly funded a $550 million investment into Genesis Digital Assets, a crypto mining firm.

Former Alameda Research employee Aditya Baradwaj disclosed a list of Bankman-Fried’s political donations totaling $133 million, which also came under Easton's scrutiny.

Nishad Singh, FTX’s Head of Engineering, testified that he felt "betrayed" by Bankman-Fried and corroborated the prosecution's claim that Bankman-Fried was the orchestrator of the fraud.

The role of the forensic accountant in this case has been instrumental in shedding light on the complex financial web spun by FTX. Easton's findings have substantiated the prosecution's claims and raised serious questions about the ethical conduct of businesses in the crypto space.

Forensic accountants use various techniques to trace the flow of funds. This could involve following the money from its source to its final destination and identifying any interruptions in this flow. For example, in the FTX case, customer funds that should have been held in a specific account were diverted elsewhere.
— Richard Tecihner, CPA, Las Vegas Forensic Accountant

Richard Teichner, CPA, a forensic accountant in Las Vegas with over 25 years serving as an expert and consultant in business litigation matters, not involved in this matter, weighed in on the methodology that would typically be employed in a case like this. "Forensic accounting is not just about crunching numbers; it's about connecting the dots and understanding the story behind those numbers," Teichner explained.

Teichner commented that the first step is always data collection. “We would gather all financial records, bank statements, transaction histories, and other relevant documentation. This is the foundation of our investigation. Once the data is collected, reconciliation is the next step. We match the company's internal records with external records such as bank statements. Any discrepancies could be a red flag and warrant further investigation."

Teichner further explained that "forensic accountants use various techniques to trace the flow of funds. This could involve following the money from its source to its final destination and identifying any 'interruptions' in this flow. For example, in the FTX case, customer funds that should have been held in a specific account were diverted elsewhere."

Forensic accountants are trained to recognize patterns and anomalies. Unusual spikes in transactions, frequent transfers to unfamiliar accounts, or even round-dollar amounts can all be indicators of possible misuse of funds.

Sometimes, the numbers alone don't tell the whole story. Interviews with key personnel can provide context and may even lead to admissions of guilt. Confirmations from third parties can also be invaluable.

Finally, all findings are framed within the legal context. The aim is not just to find out what happened but to provide evidence that can stand up in court. Every step of the process is documented meticulously to ensure it meets legal standards for evidence.

Teichner concluded, "In the FTX case, the forensic accountant would have used a combination of these methods to uncover the missing $9 billion. It's a painstaking but necessary process to bring clarity and, hopefully, justice to such complex financial cases."

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Lawrence J. Tjan
Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

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