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Government exhibit in the case against former FTX CEO Sam Bankman-Fried.

Source: SDNY

As Sam Bankman-Fried prepares to face sentencing next month for his criminal fraud conviction tied to the epic collapse of FTX in 2022, former customers of the crypto exchange have reasons to believe they could actually recoup their money.

Bankman-Fried, who could spend the rest of his life behind bars, was found guilty in November on seven criminal counts after roughly $10 billion in customer funds from his company went missing. Some of that money went to pay for Bankman-Fried’s lavish lifestyle, but much of it went towards other investments that have, of late, appreciated dramatically in value.

Lawyers representing the bankruptcy estate of FTX told a judge in Delaware last week that they expect to fully repay customers and creditors with legitimate claims. Bankruptcy attorney Andrew Dietderich, who works with FTX’s new leadership team, said “there is still a great amount of work and risk” ahead in getting all the money back to clients, but that the team has a “strategy to achieve it.”

It’s a welcome development for the many thousands of customers (reportedly up to a million) who collectively lost billions of dollars in FTX’s collapse 15 months ago, when the crypto exchange spiraled into bankruptcy in a matter of days. Given the lightly regulated and unsecured nature of FTX — and the crypto industry at large — those clients faced the real possibility that the vast majority of their money had evaporated. Plenty of failed hedge funds and lenders lost virtually everything during the 2022 crypto winter.

Bankman-Fried never believed his company’s situation was that dire.

Even as regulators and federal prosecutors unearthed evidence showing that the 31-year-old entrepreneur and his top lieutenants had been pilfering billions of dollars from customer wallets for years, Bankman-Fried insisted that all the money was still somehow accessible.

“FTX US remains fully solvent,” Bankman-Fried wrote in a Substack post on Jan. 12, 2023, while he was under house arrest at his parents’ home in Palo Alto, California. He said the exchange “should be able to return all customers’ funds.”

In some ways, his narrative appears to be proving true.

Joseph Bankman and Barbara Fried arrive for the trial of their son, former FTX Chief Executive Sam Bankman-Fried, who is facing fraud charges over the collapse of the bankrupt cryptocurrency exchange, at Federal Court in New York City, U.S., October 26, 2023. 

Brendan Mcdermid | Reuters

For months, FTX’s new CEO, John Ray III, and his team of restructuring advisors have been clawing back cash, luxury property, and crypto, as well as tracking down missing assets. They’ve already collected more than $7 billion, and that doesn’t include valuables like $26 million in gifts and property to Bankman-Fried’s parents, or the $700 million handed over to K5 Global and founder Michael Kives, who invested FTX cash in companies like SpaceX. Some of those investments have seen a precipitous rise in value.

FTX had been negotiating with bidders about a potential reboot of the company, but those efforts were scrapped last month.

Braden Perry, who was once a senior trial lawyer for the Commodity Futures Trading Commission, FTX’s only official U.S. regulator, told CNBC that the decision to repay users in full came afterthe abandonment of efforts to restart the FTX crypto exchange,” in favor of “a focus on liquidating assets to make customers whol​e.”

Getting actual money back in the hands of customers still remains a challenge. While a lot of the value has been recouped and more is to come, divvying up large amounts of cash is a complex process in bankruptcies, particularly when so much of the money is in non-traditional and illiquid assets.

Even Ray was doubtful at the beginning of the process, noting in late 2022 that, “At the end of the day, we’re not going to be able to recover all the losses here.” 

‘Sam coins’ soar

What Ray wasn’t banking on was a huge market rebound. When he made those remarks, crypto was mired in a bear market, with bitcoin trading at around $16,000. It’s now above $47,000.

In September, the bankruptcy team released a status report showing that FTX had $3.4 billion worth of digital assets, with over $1.1 billion coming from its Solana investment.

Solana fits into a category of so-called “Sam coins,” a group that also includes Serum, a token created and promoted by FTX and sister hedge fund Alameda Research. After the dust settled from FTX’s bankruptcy, Solana saw a huge run-up in its price, and it continued to rally after the September report. Since the end of that month, it’s spiked fivefold.

Meanwhile, FTX’s bitcoin stash, which was worth $560 million at the time of the September report, is today valued north of $1 billion.

Bankman-Fried’s investments weren’t limited to crypto. He also used client money to back startups like Anthropic, the artificial intelligence company founded by ex-OpenAI employees. FTX invested $500 million in Anthropic in 2021, before the generative AI boom. Anthropic’s valuation hit $18 billion in December 2023, which would value FTX’s roughly 8% stake at about $1.4 billion.

During Bankman-Fried’s criminal trial in New York, Judge Lewis Kaplan denied the defense’s request that it be permitted to say that FTX’s investment in Anthropic was a smart bet. The bankruptcy estate of FTX has been looking to sell its Anthropic stake, according to a court filing this month.

Sam Bankman-Fried stands as forewoman reads the verdict to the court.

Artist: Elizabeth Williams

In his biography on Bankman-Fried titled “Going Infinite,” Michael Lewis said he was told by an investor interested in bidding for the venture portfolio that “if it was sold intelligently, it should go for at least $2 billion.” Lewis, who published his book late last year, wrote that, based on his back-of-the-envelope math, the $7.3 billion that Ray’s team had come up with didn’t include Serum, some large clawbacks and other venture investments that had appreciated in value.

For FTX customers, being made whole, according to a judge’s ruling, means getting the cash equivalent of what their crypto was worth in November 2022. In other words, they’re not seeing any of the upside of FTX’s investments or being given virtual coins that would allow them to cash out at higher valuations.

Still, some investors have found a way to participate in the FTX’s ongoing odyssey. The market for FTX IOUs lit up last year as it became clear that the bankruptcy estate was cobbling together a lucrative portfolio. One financial firm that had lost around $100 million initially sold its FTX debt for 6 cents on the dollar in a new secondary market out of concern that he may never get a better deal. As of December, those claims were going for more than 70 cents on the dollar.

If customers are eventually made whole, that could play a big role in Bankman-Fried’s appeal, likely following his sentencing, which is set to take place in Brooklyn on March 28. Perry said it could also affect how the judge handles sentencing in the first place.

“Under the federal sentencing guidelines, and even assuming no monetary loss, SBF still faces at least 70 months in prison based on his base level offense, number of victims, sophisticated means, and leadership role,” Perry said.

The massive losses that were originally expected would suggest 30 to years to life, Perry added.

Renato Mariotti, a former prosecutor in the U.S. Justice Department’s Securities and Commodities Fraud Section, told CNBC that judges typically consider the amount of restitution paid to victims at sentencing.

“If the victim is made whole, that is a big plus for the defendant,” said Mariotti. He noted, however, that the extent of the fraud coupled with Bankman-Fried’s false testimony and violation of bond conditions could limit the reduction.

“I usually advise clients to pay restitution before sentencing if at all possible,” Mariotti said.

WATCH: Former SEC Chari discusses Bankman-Fried guilty verdict

Fmr. SEC Chair Jay Clayton: SBF trial is 'one of the largest campaign finance problems in history'

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Lectric eBikes launches updated XPeak 2.0 off-road e-bike for a killer price

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Lectric eBikes launches updated XPeak 2.0 off-road e-bike for a killer price

The Phoenix-based electric bike maker Lectric Ebikes has been on a tear lately, launching updated versions of its wildly popular electric bicycle models. The latest in a string of affordably priced updates is the new Lectric XPeak off-road e-bike, packing a surprising amount of tech and upgrades for a surprisingly low price of just $1,399. And to sweeten the deal even further, the launch promotion includes over $300 in free accessories, too.

It’s all pretty much par for the course at Lectric, which has spent years growing its lineup of affordable, popular e-bikes that offer some of the best bang-for-your-buck in the industry.

The XPeak 2.0 is the latest example, adding significant upgrades to the second generation version, including a new torque sensor for smooth and responsive pedal assist, plus surprisingly high-end components such as the RST Renegade front suspension fork.

“With the RST Renegade fork, excellent componentry, and an industry-leading low price, we knew the XPeak would be a hit,” explained Lectric eBikes co-founder and CEO Levi Conlow. “While the 2.0 version gets even better with a torque sensor and bigger battery options, most importantly, we knew we had to give our riders what they expect from Lectric: the same low price as the first model.”

At just $1,399, Lectric has kept the price of its newest off-road e-bike the same as the first generation while offering impressive specs.

The 750-watt Stealth M24 motor (which actually puts out around 1,300W of peak power) has become a staple of Lectric’s e-bikes, providing more power and torque than most other e-bikes in this class. In fact, with 85 Nm of torque, Lectric’s models often make it to the top of the hill quicker and more reliably than other brands in head-to-head tests.

Like most of the company’s models, the Class 3 XPeak 2.0 can reach a top speed of 28 mph (45 km/h) on pedal assist, as well as 20 mph (32 km/h) on throttle-only riding.

In addition to the standard 15Ah battery offering 60 miles (96 km) of range, there’s a new 20Ah battery for an even longer lasting 80 miles (130 km) of range. Both battery options are easily removable for charging either on or off of the bike.

The XPeak 2.0’s structural changes compared to the first generation include a new hydroformed aluminum frame, lock-on hand grips, a larger 203 mm front disc to give the hydraulic brakes even more stopping power, and a new color LCD display.

The bike also gets new blacked-out fork stanchions for a stealthier look and comes in the Tempest Grey colorway for the high step frame and stratus white for the easy-to-mount step-through frame option.

For safety, the XPeak 2.0 has been certified to ISO 4210-10, a rigorous electric mountain bike standard testing that covers the structure of the bike, as well as UL-compliance to UL 2849, a standard that covers an e-bike’s battery, controller, motor, and other electronic components.

The Lectric XPeak is now available for pre-order, starting at $1,399. The company is also offering $365 in free accessories bundled with pre-orders, including a rear rack, fenders, elite headlight, bottle-shaped bike lock, and suspension seat post.

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Watch Kia’s new EV4 hatch carve up the Nurburgring, nearly on two wheels [Video]

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Watch Kia's new EV4 hatch carve up the Nurburgring, nearly on two wheels [Video]

Kia’s upcoming entry-level EV has finally made its way to the famous Nurburgring for testing. The EV4 hatch was spotted ripping across the track, nearly on two wheels at one point, as Kia preps for its big debut.

According to Kia, the EV4 is “an entirely new type of EV sedan. ” It was first unveiled last October during Kia’s first annual EV Day, alongside the EV3 and EV5 as part of its new low-cost lineup.

The EV5 launched in China last year, while the EV3 is already rolling out in Korea and Europe. Next up, we will finally see the production version of the EV4.

Although its four-door format suggests it’s a sedan, Kia said the EV4’s bold design is a symbol of the company’s innovation. Its low nose, long-tail silhouette, and added roof spoiler give it an almost racecar-like feel.

With its official debut approaching, Kia’s EV4 has been spotted out in the wild several times. Last week, it was caught testing in the US for the first time.

A hatchback model has also been spotted. It was first caught on European roads this summer and in the US earlier this month.

Kia-EV4-Nurburgring
Kia EV4 (back) showcased alongside EV9 (left) EV3 (middle), and EV5 (right) (Source: Kia)

Kia EV4 hatch takes on the Nurburgring as debut looms

After the EV4 was spotted racing across the Nurburgring for the first time, we are getting our best look yet at the upcoming Kia model.

The video from CarSpyMedia shows the EV4 hatch carving up sections of the track. Several times, you can see the EV4 is being pushed to the limits, nearly going up on two wheels.

Kia EV4 hatch testing at Nurburgring (Source: CarSpyMedia)

However, with a low center of gravity and likely added stabilization tech, the EV4 appears to handle it with ease. You can also see the difference between the sedan model and the hatchback, with the bulky backside.

As it takes on the track, it almost looks like the 576 hp EV6 GT, Kia’s fastest and most powerful car. At least for now.

Kia-EV4-hatchback
Kia EV4 sedan concept (Source: Kia)

Kia is expected to officially reveal the EV4 by the end of the year, with deliveries starting in 2025. Prices are expected to be in the $30,000 to $40,000 range. The hatchback model is likely aimed at Europe, but it could also find a market in the US as buyers drift toward more efficient options.

Ahead of the LA Auto Show later this week, Kia is teasing five new vehicles for the US, at least one being an EV. Will it be the EV4? EV3?

Source: CarSpyMedia

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Elon Musk hints at Tesla making bigger electric cars, but don’t hold your breath

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Elon Musk hints at Tesla making bigger electric cars, but don't hold your breath

Elon Musk is hinting at Tesla making bigger electric cars, but you shouldn’t hold your breath as it’s not the first time he said that.

In the last few hours, Musk responded to two fans on X, asking Tesla to build bigger vehicles to support larger families.

Musk often promotes the idea of having bigger families as he is afraid of declining populations due to low birth rates in some countries.

With the first one, the CEO responded with a simple “OK,” and with the other, he elaborated a bit more by referencing the recently unveiled Tesla Robovan and “some other things”:

Musk appears to be hinting at Tesla’s work on a bigger electric vehicle that has yet to be unveiled.

While interesting, it’s hard to give too much weight to the comment, considering Musk claimed that Tesla has been working on a higher passenger capacity vehicle for years.

A “high passenger-density urban transport” vehicle has been in Tesla’s official product roadmap since 2016 and has yet to be unveiled, unless you count the Robovan unveiled last month, but that’s completely attached to Tesla’s self-driving effort as the vehicle has no steering wheel or pedals.

As part of Tesla’s shift toward autonomous driving, the automaker has pulled back plans for several new electric vehicle programs in favor of those without any driver inputs, like Cybercab and Robotvan.

Musk has also discussed the possibility of Tesla making an electric van on several occasions in the last few years.

Tesla is expected to soon unveil two new vehicles to be launch next year, but those are based on the Model 3 and Model Y and therefore, they aren’t likely to be bigger vehicles.

Electrek’s Take

Like most things Elon says lately, it goes in my “I’ll believe it when I see it” folder.

That said, I think an electric van that can be configured for cargo, camper, or passenger, would make a ton of sense in Tesla’s vehicle lineup.

Of course, it’s harder to get the greenlight for a vehicle program like that if your CEO is perpetually convinced that the company is on the verge of achieving self-driving and making steering wheels obsolete.

I’m more of the opinion that Tesla should have played it more careful and continue working on growing its human-driveable EV lineup while working on self-driving.

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