Connect with us

Published

on

Earlier Thursday, FTX CEO John Ray III filed a declaration with the United States Bankruptcy Court for Delaware, the latest in the implosion of one of the world’s largest cryptocurrency exchanges.

Ray, who helped shepherd Enron through its own bankruptcy, minced no words about the state of the company or the behavior of the former executive team, describing it as one of the worst examples of corporate controls he’d ever encountered. It was a damning remark from someone who has 40 years of legal and restructuring experience.

Here are some of the most significant revelations from Ray’s filing:

1. A total lack of financial and corporate controls

“Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here.”

Ray opened his filing torching former management, including former CEO Sam Bankman-Fried, for the failure by leadership to catch and address a stunning, multibillion-dollar hole in the Alameda Research-FTX balance sheets. The losses for investors may reach as high as $8 billion. But with nonexistent or deficient accounting, auditing and disbursement systems, it will take Ray and his forensic investigators “some time” to uncover the truth.

2. Slipshod accounting will require forensic analysis.

“I do not believe it appropriate for stakeholders or the Court to rely on the audited financial statements as a reliable indication of the financial circumstances of these [companies].”

FTX’s new chief said he had “substantial” concerns about the financial positions he was presenting to the court. FTX’s implosion revealed a massive hole in the company balance sheets, but until blockchain analysis and forensic accounting are completed, Ray said it was not “appropriate for stakeholders or the Court to rely” on the numbers presented.

Accurate financials are a key metric for valuing and investing in a company. Venture capital firms poured billions into poster child Bankman-Fried and his companies, valuing them in the tens of billions of dollars.

A standard aspect of any venture capital investment is a due diligence period, where books are opened and audited financials are shown to prospective investors. Ray’s assertion that the financial statements for many of FTX’s subsidiaries are unreliable raises fresh questions about the diligence performed by some of the world’s biggest venture firms.

3. Penthouses, perks and personal items

“In the Bahamas, I understand that corporate funds of the FTX Group were used to purchase homes and other personal items for employees and advisors. I understand that there does not appear to be documentation for certain of these transactions as loans, and that certain real estate was recorded in the personal name of these employees and advisors on the records of the Bahamas.”

Other reports have detailed lavish perks allegedly given to FTX employees in the Bahamas. Ray’s filing indicated that corporate funds were used to purchase homes for employees and advisors, sometimes in their name. Loans were not recorded from FTX to those individuals — as is typical with similar arrangements at other companies. Instead, individuals were given the deeds to these properties, according to Ray, free and clear, in their own names.

Notably, Bankman-Fried’s $40 million penthouse briefly hit the market in the aftermath of the bankruptcy. It has since been removed from public listing.

4. Emoji for expenses

“The Debtors did not have the type of disbursement controls that I believe are appropriate for a business enterprise.  For example, employees of the FTX Group submitted payment requests through an online ‘chat’ platform where a disparate group of supervisors approved disbursements by responding with personalized emojis.”

Despite an entire industry devoted to expense controls and reimbursements, Bankman-Fried’s team used internal messaging to release corporate funds into the hands of employees around the world. It isn’t immediately clear what platform FTX used, although the company is known to have used Slack for internal communications.

5. An advantage for Alameda

Unacceptable management practices included the use of an unsecured group email […] to access confidential private keys and critically sensitive data […] the absence of daily reconciliation of positions on the blockchain, the use of software to conceal the misuse of customer funds, the secret exemption of Alameda from certain aspects of FTX.com‘s auto-liquidation protocol, and the absence of independent governance […]”

Alameda Research, the secretive trading firm at the heart of Bankman-Fried’s empire, executed trades on FTX alongside other institutional and individual traders. The two firms were closer than publicly acknowledged, however, in light of Ray’s declaration that Alameda was secretly exempted from “certain aspects” of FTX’s auto-liquidation protocol.

It isn’t immediately clear what aspects Ray meant. In crypto trading, liquidation is most analogous to a margin call, where a levered position is closed out by an exchange due to a dramatic shift in an underlying asset’s price.

CNBC has made multiple requests for comment from Bankman-Fried.

Continue Reading

Technology

EU seeks information from X on content moderation amid first major probe under new tech rules

Published

on

By

EU seeks information from X on content moderation amid first major probe under new tech rules

Jonathan Raa | Nurphoto | Getty Images

The European Union is seeking information from social media platform X about cuts to its content moderation resources as part of its first major investigation into the company under its tough new laws governing online content.

The European Commission, the EU executive arm, said in a statement Wednesday that it’s requested information from X under the Digital Services Act, its groundbreaking tech law which requires online platforms to take a far stricter approach to policing illegal and harmful content on their platforms.

The Commission said it was concerned about X’s transparency report submitted to the regulator in March 2024, which showed it had cut its team of content moderators by nearly 20% compared to the number of moderators it reported in an early October 2023 transparency report.

X reduced linguistic coverage within the EU from 11 languages to seven, the Commission said, again citing X’s transparency report.

The Commission said it’s seeking further details from X on risk assessments and mitigation measures linked to the impact of generative artificial intelligence on electoral processes, dissemination of illegal material, and protection of fundamental rights.

X, which was formerly known as Twitter, was not immediately available for comment when contacted by CNBC.

X must provide information requested by the EU on its content moderation resources and generative AI requested by May 17, the Commission said. Remaining answers to questions from the Commission must be provided no later than May 27, the agency said.

X has been a 'terrible platform for the LGBTQ community,' GLAAD president says

The Commission said its request for information was a further step in a formal probe into breaches of the EU’s recently introduced Digital Services Act.

The Commission initiated formal infringement proceedings against X in December last year after concerns were raised over its approach to tackling illegal content surrounding the Israel-Hamas war.

The Commission at the time said its investigation would focus on X’s compliance with its duties to counter the dissemination of illegal content in the EU, the effectiveness of the social media platform’s steps to combat information manipulation and its measures to increase transparency.

EU officials said the requests for information aim to build on evidence gathered so far in relation to its DSA investigation into X. That evidence includes X’s March transparency report, as well as replies to previous requests for information addressing what X is doing to tackle disinformation risks linked to generative AI risks.

The DSA, which only came into effect in November 2022, requires large online platforms such as X to mitigate the risk of disinformation and institute rigorous procedures to remove hate speech, while balancing this with freedom-of-expression concerns.

Companies found to have breached the rules face fines as high as 6% of their global annual revenues.

Continue Reading

Technology

Shopify shares plunge 19% on weak guidance

Published

on

By

Shopify shares plunge 19% on weak guidance

An employee works at Shopify’s headquarters in Ottawa, Ontario in Canada.

Chris Wattie | Reuters

Shopify reported first-quarter earnings and sales on Wednesday that were ahead of Wall Street expectations, but it gave a downbeat forecast for the current quarter.

Shares of Shopify dropped 19% in early trading.

Here’s how the company did for the quarter, compared with consensus expectations from LSEG:

  • Earnings per share: 20 cents adjusted vs. 17 cents expected
  • Revenue: $1.86 billion vs. $1.85 billion expected

Gross margins for the second quarter are expected to decrease by about 50 basis points compared with the first quarter, as a result of the sale of Shopify’s logistics business to freight forwarder Flexport last May.

Shopify said it expects second-quarter revenue to grow at a high-teens percentage rate year over year, a slowdown from the previous period. The company has posted year-over-year revenue growth in the low-to-mid twenties for the past six quarters. Second-quarter revenue would grow in the “low-to-mid-twenties” year-over-year when adjusting for the divestiture of the logistics business, Shopify said.

The company reported a net loss of $273 million, or 21 cents a share, compared with a profit of 68 million, or 5 cents a share, during the year-ago quarter.

Shopify, which makes tools for companies to sell products online, said gross merchandise volume, or the total volume of merchandise sold on the platform, increased 23% to $60.9 billion. That surpassed consensus expectations of $59.5 billion, according to StreetAccount.

Don’t miss these exclusives from CNBC PRO

Continue Reading

Technology

Uber reports first-quarter results that beat expectations for revenue, but posts net loss

Published

on

By

Uber reports first-quarter results that beat expectations for revenue, but posts net loss

Dara Khosrowshahi, CEO of Uber, speaking on CNBC’s Squawk Box at the World Economic Forum Annual Meeting in Davos, Switzerland on Jan. 17th, 2024.

Adam Galici | CNBC

Uber reported first-quarter results on Wednesday that came in slightly above analysts’ estimates for revenue, but the ridesharing company posted an unexpected net loss.

Shares fell more than 6% in premarket trading Wednesday.

Here’s how the company did:

  • Loss per share: 32 cents. That may not compare with the 23 cent earnings expected by LSEG
  • Revenue: $10.13 billion vs. $10.11 billion expected by LSEG

Uber’s revenue grew 15% in its first quarter from $8.82 billion a year prior. The company reported $37.65 billion in gross bookings for the period, which is short of the $37.93 billion expected by analysts, according to StreetAccount.

The company’s net loss widened to $654 million, or a 32 cent loss per share, from a loss of $157 million, or an 8 cent loss per share, in the same quarter last year. Uber said its net loss includes a $721 million net headwind from unrealized losses related to the reevaluation of its equity investments.

In an interview with CNBC’s “Squawk Box” on Wednesday, Uber CEO Dara Khosrowshahi said the company’s move to a loss had “nothing to do with the operating business.”

“We did have to mark down those equity stakes that resulted in a loss,” he said. “We don’t expect that to keep happening going forward.”

However, Uber cannot predict the markets, Khosrowshahi added.

Uber reported adjusted EBITDA of $1.38 billion, up 82% year over year and slightly above the $1.31 billion expected by analysts polled by StreetAccount.

For its second quarter, Uber said it expects to report gross bookings between $38.75 billion and $40.25 billion, compared with StreetAccount estimates of $40 billion. Uber anticipates adjusted EBITDA of $1.45 billion to $1.53 billion, compared with the $1.49 billion expected by analysts.

The number of Uber’s monthly active platform consumers reached 149 million in its first quarter, up 15% year over year from 130 million. There were 2.6 billion trips completed on the platform during the period, up 21% year over year.

“Demand for Uber remains robust across our platform, supported by our improving marketplace experience, the continued shift of consumer spending from goods to services, and the secular trend towards on-demand transportation and delivery,” Khosrowshahi said in prepared remarks Wednesday.

Here’s how Uber’s largest business segments performed:

Mobility (gross bookings): $18.67 billion, up 25% year over year.

Delivery (gross bookings): $17.7 billion, up 18% year over year.

Uber’s mobility segment reported $5.63 billion in revenue, up 30% from the year earlier and 2% quarter over quarter. StreetAccount analysts were expecting $5.52 billion. Uber said “business model changes” negatively impacted its mobility revenue margin by 180 basis points during the period.

“To drive user growth and win more of their daily trips, we are focused on increasing our penetration of core use cases, while also expanding into new consumer segments,” Khosrowshahi said in his prepared remarks.

The company’s delivery segment reported $3.21 billion in revenue, up 4% from the year prior and 3% quarter over quarter. Analysts were expecting $3.28 billion, according to StreetAccount. Uber said its delivery revenue margin was negatively impacted by 230 basis points due to “business model changes” in the first quarter.  

The company’s freight business booked $1.28 billion in sales for the quarter, a decrease of 8% year over year and flat quarter over quarter.

Uber will hold its quarterly call with investors at 8:00 a.m. ET.

Continue Reading

Trending