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Kris Marszalek, CEO of Crypto.com, speaking at a 2018 Bloomberg event in Hong Kong, China.

Paul Yeung | Bloomberg | Getty Images

The boss of cryptocurrency exchange Crypto.com took to YouTube Monday to reassure users of his platform after the stunning collapse of rival firm FTX sparked fears of a market contagion.

In an “AMA” (ask me anything) on YouTube, the platform’s CEO Kris Marszalek said that his company had a “tremendously strong balance sheet” and that it wasn’t engaged in the kinds of practices that led to the downfall of Sam Bankman-Fried’s FTX last week.

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“Our platform is performing business as usual,” Marszalek said in the AMA. “People are depositing, people are withdrawing, people are trading, there’s pretty much normal activity just at a heightened level.”

FTX filed for Chapter 11 bankruptcy protection on Friday after concerns over the company’s financial health resulted in a run on the exchange and a plunge in the value of its native FTT token. FTX tried to reach a deal to be acquired by Binance, the largest venue for trading digital assets, but this fell apart after Binance backed out citing reports of mishandled customer funds and alleged U.S. government investigations into FTX.

Alameda Research, FTX’s sister company, borrowed billions in customer funds from the exchange to ensure it had enough funds on hand to process withdrawals, CNBC reported Sunday. Bankman-Fried declined to comment on allegations of misappropriating customer funds but said its recent bankruptcy filing was the result of issues with a leveraged trading position.

“We never engage as a company in any irresponsible lending practices, we never took any third-party risks,” Marszalek said Monday. “We do not run a hedge fund, we do not trade customers’ assets. We always had 1-to-1 reserves,” he added.

Binance, Crypto.com CEOs race to reassure customers funds are safe

His comments come after the revelation Sunday that Crypto.com mistakenly sent $400 million worth of the ether cryptocurrency to Gate.io, another crypto exchange, in October, a mishap that raised fears Crypto.com users’ funds may be at risk.

Crypto.com and Gate.io said they were sent by mistake and were quickly returned to Crypto.com after the error was identified. Marszalek tweeted Sunday that the firm had meant to send the funds to its “cold wallet” — meaning an offline cryptocurrency wallet — but were instead moved to a whitelisted corporate account with Gate.io. In its own statement, Gate.io said the transactions were the result of an “operation error transfer” and that all assets have since been returned to Crypto.com.

“In this particular case the whitelisted address belonged to one of our corporate accounts in a 3rd party exchange instead of our cold wallet,” he added. “We have since strengthened our process and systems to better manage these internal transfers.”

That did little to assuage investor concerns, however, with traders speculating Crypto.com may be facing liquidity issues of its own and dipping into customer funds after the FTX collapse. Marszalek pushed back on claims it was misappropriating users’ funds Monday, stating in the AMA that “we do not trade customers’ assets.”

“We will just continue with our business as usual, and we will prove all the naysayers – and there is many of these right now on Twitter in the last couple of days – we’ll prove them all wrong with our actions,” Marszalek said.

“We’ll continue operating as we have always operated to continue being a safe and secure place where everybody can access crypto.”

Analysis of public blockchain data shared with CNBC by data firm Argus shows that, from 7 p.m. ET Saturday through 6.30 a.m. ET Monday, a net $68 million in ether and $120 million in other tokens was withdrawn from Crypto.com by its users. Over that same timeframe, Crypto.com added $62 million in ether and $140 million of other digital assets to meet the withdrawals, according to Argus.

“To its credit, Crypto.com continues to have the funds to meet these withdrawals, lending further credence to its CEO’s claims that their assets are backed 1:1,” Owen Rapaport, co-founder and CEO of Argus, told CNBC via email.

Crypto.com is one of numerous exchanges that have committed to providing a breakdown of the reserves that back customer assets to reassure users after the bankruptcy of FTX.

Marszalek said he expects Crypto.com to publish an audited “proof of reserves” within the next 30 days. He said he understands users’ wish to see the audit released sooner, but that auditing firms “don’t operate on crypto speed.”

“The objective of the audit is to verify independently that every single coin on the platform is matched by our reserves,” he said.

Last week, an unaudited proof of reserves handled by blockchain analysis firm Nansen showed that Crypto.com held 20% of its assets in shiba inu, a so-called “meme token.” Asked about this Monday, Marszalek said this was just a reflection of the assets Crypto.com customers were buying.

“We store whatever our customers buy and it so happens that last year doge and shib were two extremely hot meme coins,” he said. “As long as our users are holding it, we will be holding it. We have no control over what you guys buy.”

He added that Crypto.com has never used its CRO token as collateral for any loans in its history. A source told CNBC previously that Bankman-Fried’s Alameda was borrowing from FTX and using the exchange’s FTT token to back those loans.

Marszalek admitted that Crypto.com had transferred $1 billion to FTX over a year but that this was aimed at “hedging” customers’ orders. Crypto.com “only had exposure of under $10 million when FTX shut down,” he added.

“The way the brokerage part of our business works is that, every time a customer places an order to buy or sell, we have multiple venues where we could hedge this order and we pick the most cost efficient one with [the] best liquidity, lowest cost so we can pass on these savings to our customers,” Crypto.com‘s CEO said.

“This means that we are not taking any market risk, we are always market neutral. But it also means there must be fund flows between our venue and other venues in the industry and FTX was one of them.”

Crypto.com has 70 million users globally and made revenues of $1 billion annually in both 2021 and 2022, according to Marszalek. The company made headlines in 2021 for some mega marketing deals, including the rebranding of the Staples Center sports stadium to Crypto.com Arena and a commercial featuring celebrity actor Matt Damon.

– CNBC’s Kate Rooney and Paige Tortorelli

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SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

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SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

Elon Musk, Chief Executive Officer of SpaceX and Tesla and owner of X looks on during the Milken Conference 2024 Global Conference Sessions at The Beverly Hilton in Beverly Hills, California, U.S., May 6, 2024. 

David Swanson | Reuters

The Securities and Exchange Commission has asked a federal judge to sanction Elon Musk if he continues to violate the court’s order to appear for a deposition in a probe of his 2022 Twitter acquisition.

The SEC has been investigating whether Musk or anyone else working with him committed securities fraud in 2022 as the Tesla CEO sold shares in his automaker and shored up a stake in Twitter, ahead of his leveraged buyout of the company now known as X.

In May, the court ordered Musk to appear for a deposition by the financial regulators regarding the Twitter deal.

“Musk has now failed to appear before the SEC twice: first in September 2023, in defiance of a lawful administrative subpoena, and last week, in defiance of a clear court order,” SEC attorney Robin Andrews said in the Friday filing.

Andrews asked the judge to consider sanctions should Musk delay further, according to the filing.

“The Court must make clear that Musk’s gamesmanship and delay tactics must cease,” Andrews wrote.

The filing also revealed, in a footnote, that the SEC intends to ask the court to hold Musk in “civil contempt” for canceling a deposition on Sept. 10, giving the agency only a few hours notice that he would not appear. Musk’s cancellation cost the SEC time and money after it sent personnel to Los Angeles to depose him and he didn’t appear for the investigative interview, the agency said.

Musk’s deposition in the probe has been rescheduled for a date in early October at an SEC office, the filing said.

“Without further action by the Court, nothing deters Musk” from “simply failing to show up for that date,” Andrews wrote.

Musk’s attorney, Alex Spiro, a partner at Quinn Emanuel in New York, wrote in a response that “such drastic action would be inappropriate,” adding that the SEC and Musk had agreed rescheduling would be permissible in light of an emergency.

Additionally, Musk and his companies have “cooperated and are cooperating with the SEC in multiple other ongoing investigations,” Spiro wrote.

In a separate, civil lawsuit concerning the same Twitter deal, the Oklahoma Firefighters Pension and Retirement System has sued Musk in a federal court in New York accusing him of deliberately concealing his progressive investments in Twitter and intent to buy out the company.

The pension fund’s attorneys argue that Musk, by failing to clearly disclose his investments in and intentions to buy Twitter, had influenced other shareholders’ decisions and put them at a disadvantage.

Discovery from that case in New York yielded correspondence between an unnamed person at Morgan Stanley, and the executive who manages Musk’s money, Jared Birchall. In the messages, the Morgan Stanley contact wrote in February 2022 that Musk’s Twitter stock-buying strategy was closely held.

“No one knows what is going on and why but you and me,” the person at Morgan Stanley wrote. “Not compliance, not anyone.”

Read the court filing below:

Elon Musk's X is a financial 'disaster,' co-authors of new book 'Character Limit' say

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Qualcomm recently approached Intel about a possible takeover

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Qualcomm recently approached Intel about a possible takeover

Qualcomm CEO Cristiano Amon speaks at the Computex forum in Taipei, Taiwan, June 3, 2024.

Ann Wang | Reuters

Qualcomm recently approached struggling chipmaker Intel about a takeover, CNBC has confirmed.

It wasn’t clear if Intel had engaged in conversations with Qualcomm or what the terms would be, according to a person familiar with the matter who asked not to be named because the information was confidential.

The Wall Street Journal was first to report on the matter. Intel shares initially popped on the news before closing up about 3%, while Qualcomm shares fell about 3% at the close. 

The deal, if it were to happen, would be one of the largest technology mergers ever. Intel has a market cap of over $90 billion.

Once the world’s largest chipmaker, Intel has for years been in a downward spiral that accelerated in 2024. The stock had its biggest one-day drop in over 50 years in August after the company reported disappointing earnings. Intel shares are down 53% this year as investors express doubts about the company’s costly plans to manufacture and design chips.

Qualcomm and Intel compete in several markets, including for PC and laptop chips. However, Qualcomm, unlike Intel, doesn’t manufacture its own chips, and instead relies on firms such as Taiwan Semiconductor Manufacturing Company and Samsung to handle production.

On Monday, after a board meeting to discuss strategy, Intel CEO Patrick Gelsinger sent a memo to staff that reiterated the company’s commitment to investing heavily in its foundry business, a project that could cost $100 billion over the next five years. It also said that it was weighing outside investment.

Intel has also missed out on the artificial intelligence boom that’s captured the attention of Wall Street. Most of the advanced AI programs, such as ChatGPT, run on Nvidia graphics processors, instead of Intel central processors. Nvidia has more than 80% of the fast-growing market, according to analysts.

Qualcomm generates less revenue than Intel. It reported $35.8 billion in sales in fiscal 2023, compared with Intel’s $54.2 billion during the same period.

A potential deal would be complicated by antitrust and national security matters. Both Intel and Qualcomm do business in China, and both have seen deals scuttled by Chinese antitrust enforcers. Intel was unsuccessful with its attempted acquisition of Tower Semiconductor, as was Qualcomm in its bid to acquire NXP Semiconductor.

Other giant acquisitions in the space have also been scuttled. In 2017, Broadcom made a bid to buy Qualcomm for more than $100 billion. The Trump administration blocked the deal the following year on national security concerns, because Broadcom was based in Singapore at the time. And in 2021, the Federal Trade Commission sued to block Nvidia’s attempted purchase of Arm on antitrust grounds. The deal was called off in 2022 following additional pressure from regulators in Europe and Asia.

Representatives for Qualcomm and Intel declined to comment.

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Apple iPhone 16, Apple Watch Series 10 and AirPods 4 debut around the world

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Apple iPhone 16, Apple Watch Series 10 and AirPods 4 debut around the world

Apple CEO Tim Cook: We're very excited about iPhone 16 demand

Apple on Friday greeted customers at its stores around the world for the debuts of the iPhone 16, Apple Watch Series 10 and AirPods 4.

The new products were announced at an event earlier this month and have been available for pre-order since Sept. 13. The company lit up the glass cube at its Fifth Avenue Apple Store in New York City, in a nod to the enhanced Siri, which will light up the borders of the new iPhone’s screen when that feature rolls out next month.

Apple’s fresh iPhones mark the company’s latest move into artificial intelligence, with new Apple Intelligence features that will begin to launch in October. The new features will allow customers to rewrite text, remove objects from photos and speak with an improved Siri. The software advancements will only be available on iPhone 16 and last year’s iPhone 15 Pro devices.

A view of Apple’s new iPhone 16 at an Apple Store on the Regent Street in London, United Kingdom on September 20, 2024. 

Rasid Necati Aslim | Anadolu | Getty Images

But Apple shares slid on Monday after analyst reports suggested that demand for the latest iPhones was lower than expected. TF Securities analyst Ming-Chi Kuo said in a note on Monday that first-weekend sales were down about 12% year over year from the iPhone 15 last year. Barclays, JPMorgan and Bank of America also noted shipping times could translate to lighter demand for the more expensive iPhone Pro models compared with last year.

CNBC’s Steve Kovach spoke with CEO Tim Cook outside Apple’s Fifth Avenue store and asked whether sales looked better or worse than last year. “I don’t know yet. It’s only the first hour, so we’ll see,” Cook said.

On Friday, UBS analysts suggested investors shouldn’t overreact to what appears to be lighter sales because that data is also collected by analyzing the wait times for new iPhone models and that those were longer last year due in part to supply chain disruptions.

Apple Store Fifth Avenue in New York

Steve Kovach| CNBC

“Ahead of the iPhone 16 announcement, our analysis suggested that a lack of a killer app and arguably somewhat half-baked introduction of Apple Intelligence would dampen demand,” the UBS analysts wrote. “While we still argue the collection of iPhone/iOS attributes are more evolutionary than revolutionary, we caution that investors not overreact to data that suggests somewhat initial tepid demand.”

The UBS analysts said supply chain disruptions last year “slightly distorted/extended last year’s data,” which led to longer wait times for customers for Pro models. Last year, UBS wrote, customers had a 41-day wait time for some iPhone 15 Pro Max pre-orders compared with a 26-day wait time for the iPhone 16 Pro Max this year.

“Nevertheless, data across all models and regions roughly a week post launch support our view that a super-cycle is not imminent as US and China data on the margin is disappointing relative to last year,” they wrote.

Devices of the new Apple Watch Series 10 model are on display after the presentation at Apple headquarters. 

Andrej Sokolow | Picture Alliance | Getty Images

The Apple Watch Series 10 offers a larger screen than that of earlier models. It will support, along with the earlier Series 9, new Sleep Apnea detection, as well as other fresh features. The AirPods 4 offer a refresh with a smaller charging case and an option with noise cancellation.

CNBC reviewed the new iPhone 16 Pro Max and the Apple Watch Series 10 earlier in the week.

— CNBC’s Michael Bloom and Steve Kovach contributed to this report.

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