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John Ray, chief executive officer of FTX Cryptocurrency Derivatives Exchange, arrives at bankruptcy court in Wilmington, Delaware, US, on Tuesday, Nov. 22, 2022.

Eric Lee | Bloomberg | Getty Images

The Department of Justice has requested that an independent examiner be appointed to review “substantial and serious allegations of fraud, dishonesty” and “incompetence” after the implosion of Sam Bankman-Fried’s crypto empire. It could be one way for the DOJ to gather evidence of alleged fraud.

In a filing in Delaware federal bankruptcy court, Andrew Vara, a U.S. bankruptcy trustee, told the court that the allegations of corporate misconduct and complete failure merited an immediate and speedy examination of the events leading up to FTX’s stunning collapse three weeks ago.

Vara said there’s a substantial basis to believe that Bankman-Fried and other managers mismanaged FTX or engaged in fraudulent conduct.

“It seems to me that the DOJ is trying to use the bankruptcy process as a way of getting evidence,” former federal prosecutor Renato Mariotti told CNBC.

“Many times, the Department of Justice and bankruptcy estates in fraud cases work together in compiling potential restitution or other types of actions to make victims whole,” he said. The DOJ “will likely be part of the asset recovery and potentially having a Victims Fund with money going to those that lost money and what the Department of Justice potentially will view as a fraud.”

“It just shows a level of interest and attention that they’re paying to this that should be troubling to Mr. Bankman-Fried.”

Vara said an examination is preferable to an internal investigation because of the wider implications the company’s collapse may have on the crypto industry.

Another legal expert said that there could be other factors at play too, including the extensive political donations that FTX executives were involved in on both sides of the aisle.

There have been “campaign donations on both sides of the aisle from FTX and there have been political overtones and undertones in this case,” said Braden Perry, former senior trial attorney at the Commodities Futures Trading Commission and Kennyhertz Perry partner.

“I think that this is just out of prudence and out of caution to make sure that whatever is happening is done at an independent level,” Perry continued.

It’s not unusual to appoint a bankruptcy examiner. There was one to oversee the crypto bankruptcy process of Celsius Network, for example.

Bankruptcies above a certain size require an examiner. In this case, the U.S. Trustee said that an examiner is mandatory because FTX’s fixed, liquidated and unsecured debts to customers exceed the $5 million threshold.

FTX’s November collapse left creditors reeling over the loss of hundreds of millions of dollars, in some cases, and has rocked the wider crypto world. BlockFi, a crypto lender, filed for bankruptcy protection in New Jersey last week.

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Musk’s Starlink rival Eutelsat shares plummet 7% after report of SoftBank cutting its stake

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Musk's Starlink rival Eutelsat shares plummet 7% after report of SoftBank cutting its stake

French satellite group Eutelsat, often seen as Europe’s answer to Elon Musk’s Starlink, saw its share price plummet Wednesday following a report that Japanse investor SoftBank cut its stake in the company.

Shares in Eutelsat were last trading 7.8% lower as of 6:00 a.m. ET.

The moves come following a Reuters report that SoftBank has sold 36 million rights, corresponding to around 26 million shares and around half their stake in the satellite operator.

Eutelsat is the owner of the satellite internet provider OneWeb, which it merged with in 2023 in a bid to challenge Starlink’s dominance in the market.

But the French group has struggled to tap into the U.S. company’s market share. Eutelsat currently has more than 600 satellites in orbit compared to Starlink’s over 6,750, according to the companies’ websites.

After soaring more than 600% in early March this year, as Europe scrambled to bolster its tech sovereignty in the wake of the U.S. cutting military support to Ukraine, Eutelsat shares have since dropped more than 70%.

The company is seen as crucial to Europe’s tech sovereignty ambitions. In June the French state led a 1.35 billion euro ($1.57 billion) investment in Eutelsat, becoming its biggest shareholder with a roughly 30% stake.

Tech sovereignty

In November SoftBank said it had sold its entire stake in U.S. chipmaker Nvidia as it looked to free up funds for its investment in OpenAI and other projects.

SoftBank wouldn’t have made the move if it didn’t need to bankroll its next artificial intelligence investments, founder Masayoshi Son said on Monday at an event.

SoftBank founder Masayoshi Son 'was crying' about firm's need to sell Nvidia stake

The Japanese giant’s Eutelsat move mirrors its “aggressive monetisation” across its portfolio, Luke Kehoe, analyst at Ookla, told CNBC.

“With governments and strategic European investors, not SoftBank, now funding the recapitalisation, Eutelsat is becoming less a growth story and more a pillar of Europe’s digital sovereignty infrastructure.”

While Starlink is holding on to its scale advantage and is dominant in retail broadband, Eutelsat is carving out a niche in government, aviation, backhaul and emergency connectivity, said Kehoe.

“The open question is whether that higher-value, B2B-centric positioning can deliver attractive returns once the current wave of capex and recapitalisations is behind it, and whether Europe is willing to keep writing cheques at the scale required to narrow the gap with Starlink.”

Eutelsat and SoftBank have been approached for comment.

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iPhone 17 will drive record Apple shipments in 2025, IDC says

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iPhone 17 will drive record Apple shipments in 2025, IDC says

Apple’s latest iPhone models are shown on display at its Regent Street, London store on the launch day of the iPhone 17.

Arjun Kharpal | CNBC

Apple will hit a record level of iPhone shipments this year driven by its latest models and a resurgence in its key market of China, research firm IDC has forecast.

The company will ship 247.4 million iPhones in 2025, up just over 6% year-on-year, IDC forecast in a report on Tuesday. That’s more than the 236 million it sold in 2021, when the iPhone 13 was released.

Apple’s predicted surge is “thanks to the phenomenal success of its latest iPhone 17 series,” Nabila Popal, senior research director at IDC, said in a statement, adding that in China, “massive demand for iPhone 17 has significantly accelerated Apple’s performance.”

Shipments are a term used by analysts to refer to the number of devices sent by a vendor to its sales channels like e-commerce partners or stores. They do not directly equate to sales but indicate the demand expected by a company for their products.

When it launched in September, investors saw the iPhone 17 series as a key set of devices for Apple, which was facing increased competition in China and questions about its artificial intelligence strategy, as Android rivals were powering on.

Apple’s shipments are expected to jump 17% year-on-year in China in the fourth quarter, IDC said, leading the research firm to forecast 3% growth in the market this year versus a previous projection of a 1% decline.

In China, local players like Huawei have been taking away market share from Apple.

IDC’s report follows on from Counterpoint Research last week which forecast Apple to ship more smartphones than Samsung in 2025 for the first time in 14 years.

Bloomberg reported last month that Apple could delay the release of the base model of its next device, the iPhone 18, until 2027, which would break its regular cycle of releasing all of its phones in fall each year. IDC said this could mean Apple’s shipments may drop by 4.2% next year.

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Anthropic reportedly preparing for one of the largest IPOs ever in race with OpenAI: FT

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Anthropic reportedly preparing for one of the largest IPOs ever in race with OpenAI: FT

Nurphoto | Getty Images

Anthropic, the AI startup behind the popular Claude chatbot, is in early talks to launch one of the largest initial public offerings as early as next year, the Financial Times reported Wednesday. 

For the potential IPO, Anthropic has engaged law firm Wilson Sonsini Goodrich & Rosati, which has previously worked on high-profile tech IPOs such as Google, LinkedIn and Lyft, the FT said, citing two sources familiar with the matter.

The start-up, led by chief executive Dario Amodei, was also pursuing a private funding round that could value it above $300 billion, including a $15 billion combined commitment from Microsoft and Nvidia, per the report. 

It added that Anthropic has also discussed a potential IPO with major investment banks, but that sources characterized the discussions as preliminary and informal. 

If true, the news could position Anthropic in a race to market with rival ChatGPT-maker OpenAI, which is also reportedly laying the groundwork for a public offering. The potential listings would also test investors’ appetite for loss-making AI startups amid growing fears of a so-called AI bubble. 

However, an Anthropic spokesperson told the FT: “It’s fairly standard practice for companies operating at our scale and revenue level to effectively operate as if they are publicly traded companies,” adding that no decisions have been made on timing or whether to go public.

CNBC was unable to reach Anthropic and Wilson Sonsini, which has advised Anthropic for a few years, for comment. 

According to one of the FT’s sources, Anthropic has been working through internal preparations for a potential listing, though details were not provided. 

The FT report follows several notable changes at the company of late, including the hiring of former Airbnb executive Krishna Rao, who played a key role in the firm’s 2020 IPO.

CNBC also reported last month that Anthropic was recently valued to the range of $350 billion after receiving investments of up to $5 billion from Microsoft and $10 billion from Nvidia. 

In its race to overtake OpenAI in the AI space, the startup has also been expanding aggressively, recently announcing a $50 billion AI infrastructure build-out with data centers in Texas and New York, and tripling its international workforce.

According to the FT report, investors in the company are enthusiastic about Anthropic’s potential IPO, which could see it “seize the initiative” from OpenAI.

While OpenAI has been rumoured to be considering an IPO, its chief financial officer recently said the company is not pursuing a near-term listing, even as it closed a $6.6 billion share sale at a $500 billion valuation in October.

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