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A video of Jared Kushner is shown on a screen, as the House select committee investigating the Jan. 6 attack on the U.S. Capitol holds a hearing at the Capitol in Washington, Thursday, July 21, 2022. 

Alex Brandon | Reuters

In March 2022, Jared Kushner was called to testify in front of the Jan. 6 House committee regarding the attack on the Capitol that occurred in the waning days of his father-in-law’s presidency. In his private life, meanwhile, Kushner was doing deals, including one that took him to a niche and soon-to-be troubled corner of Amazon’s e-commerce empire.

Weeks ahead of his testimony in Washington, Kushner and others from his private equity firm, Affinity Partners, took a boat from their beach office in South Florida to meet with a company called Unybrands at its headquarters in nearby Miami, according to people familiar with the matter who asked not to be named because the talks were private.

Unybrands, founded in 2020, was one of many players in the then-booming market of Amazon seller aggregators. Companies in the space took advantage of low interest rates and pandemic-driven growth in e-commerce to collectively raise more than $16 billion from top names on Wall Street and in Silicon Valley with the intent of rolling up independent sellers on Amazon’s marketplace.

Kushner started Affinity in 2021, shortly after leaving his advisory role in the White House alongside his wife, Ivanka Trump. With Affinity, he attracted headlines for raising some $2 billion from the Saudi government, a highly controversial move given the cozy relationship between the Trump administration and Saudi Crown Prince Mohammed bin Salman, who U.S. intelligence officials said approved an operation to capture and kill journalist Jamal Khashoggi in 2018.

When it came to the Amazon aggregator market, Kushner was jumping in at the worst possible time. The tech bubble was bursting following a record wave of venture investment in 2021, when investors across the globe pumped $621 billion into startups and high-growth companies, more than double the prior record set a year earlier, according to CB Insights data. Rising rates and soaring inflation in 2022 led to slowing growth and layoffs across the industry, including at Unybrands.

Kushner was introduced to Unybrands by a tech entrepreneur whose company also had financial ties to Saudi Arabia, WeWork co-founder Adam Neumann, two people with knowledge of the matter said. Prior to its failed IPO in 2019, WeWork had raised billions of dollars from SoftBank and its Saudi-backed Vision Fund.

Neumann’s family office invested in Unybrands around the peak of the aggregator market in 2021, according to filings in the U.K., where the company has an operation. Neumann, who was ultimately ousted from WeWork by top SoftBank execs, introduced Kushner to Unybrands early the following year.

For about 90 minutes on that March day, members of Unybrands’ C-suite fielded questions from Kushner and his team, and showed off some of the eclectic mix of products the company had acquired: dietary supplements, cookware, microwavable weighted stuffed animals and the top-selling nail dryer on Amazon, the sources said.

Kushner was impressed by what he saw, they said. A month after the meeting, he wrote Unybrands a check for $75 million, according to documents viewed by CNBC.

Affinity’s investment in Unybrands, which hasn’t previously been reported, was one of the private equity firm’s earliest deals. It’s since backed a handful of companies, including a fitness technology startup, an online classifieds operator and a solar financing company, with its investments totaling a reported $1.2 billion to date. 

As Kushner was getting into Unybrands, tech stocks were cratering. The IPO window slammed shut in 2022 and venture funding dried up for cash-burning startups. The Amazon aggregator space, which had blossomed during the pandemic, began to unwind as consumers tightened their belts and more people returned to brick-and-mortar stores. Aggregators that, less than a year earlier were throwing lavish cocktail parties and giving away Teslas for referrals, were suddenly strapped for cash.

What's behind the big hype and billion-dollar aggregator start-ups buying Amazon seller brands

The cost of doing business on Amazon — from advertising and listing fees to shipping and fulfillment — continued to creep up, making it harder for aggregators to run the companies they’d acquired profitably. Layoffs ensued, and some companies sold off underperforming brands.

The most high-profile collapse was Thrasio, which was once valued at a reported $10 billion before filing for bankruptcy in February of this year. The company then lost its CEO and a string of top executives, CNBC previously reported.

Distressed deals have been occurring across the space. Razor Group, which counts L Catterton and BlackRock among its investors, acquired SoftBank-backed Perch in March. Heyday, backed by Khosla Ventures, has been exploring tie-ups with other aggregators, a former employee said. The company laid off its entire creative and brand teams in November, said the person, who asked not to be named because of confidentiality.

Heyday approached Dragonfly, whose backers include L Catterton, about a merger but the talks fell apart in recent months, according to a separate person with knowledge of the matter.

Heyday didn’t respond to a request for comment.

Unybrands also began seeking a buyer. In February, the company sent a deck to prospective acquirers and investors, a person familiar with the matter said.

Unybrands said in an emailed statement that the company explored strategic opportunities as the aggregator space “was full of disruption” in 2023. The company and its investors ultimately decided to continue raising funds internally, Unybrands said.

Unybrands confirmed to CNBC that Affinity invested in the company in 2022, though it didn’t specify how much it raised from Kushner’s firm.

‘Kick-the-can’ mergers

Some of the consolidation is being fueled by lenders who want to avoid write-downs, sources close to a number of deals told CNBC. Jason Somerville, a founding partner of consulting firm GW Partners, which has advised sellers and aggregators on deals, echoed that sentiment.

“I call it more of a kick-the-can type of merger, where you have common debt or common equity mergers, and they jam them together to maybe restructure the debt,” Somerville said. “Pretty much 100% of these are being done in a distressed situation.”

At Unybrands, year-over-year revenue growth had slowed to 11% in March 2022, from 27% in February and 34% in January, according to internal documents reviewed by CNBC. 

Following a continued slide, the company laid off roughly 10% of its staff in November 2022, according to people familiar with the matter. Unybrands held another round of job cuts last year, and again at the beginning of this year, the people said.

Unybrands told CNBC it grew almost 20% in 2022, reaching its target, though it didn’t say how much of that expansion came through acquisitions. The company also said it’s “never had a month with declining sales” and has focused on profitability and generating positive cash flow.

Unybrands didn’t directly respond to questions about whether it’s conducted layoffs. The company said headcount has grown from 115 employees in January 2022 to more than 230 employees as of this year.

For Kushner, the investment in Unybrands was part of an expanding portfolio. Kushner, now 43, was embarking on a new career in private equity after four years in the Trump administration. Prior to that, he spent nearly a decade running his family’s real estate business.

Affinity is backed by Saudi Arabia’s Public Investment Fund, which oversees $925 billion in assets and has spent years cozying up to big-name investors, particularly in technology, in an effort to diversify the kingdom’s revenue away from oil. Affinity also reportedly received hundreds of millions of dollars from wealth funds in the United Arab Emirates and Qatar.

President Donald Trump, flanked by White House senior advisor Jared Kushner (2nd R) and chief economic advisor Gary Cohn (R), delivers remarks to reporters after meeting with Saudi Arabia’s Deputy Crown Prince and Minister of Defense Mohammed bin Salman (L) at the Ritz Carlton Hotel in Riyadh, Saudi Arabia May 20, 2017.

Jonathan Ernst | Reuters

The sources of capital received scrutiny due to Kushner’s diplomacy work in the Middle East while he was in the White House, as well as his friendly relationship with the Saudi crown prince. The House Oversight Committee launched an investigation into the investment in 2022, looking into whether Kushner’s financial interests influenced Trump’s foreign policy.

“Your support for Saudi interests was unwavering, even as Congress and the rest of the world closely scrutinized the country’s human rights abuses in Yemen, the murder of journalist Jamal Khashoggi by Saudi assassins tied to Crown Prince Mohammed bin Salman, and Saudi Arabia’s crackdown on political dissidents at home,” Carolyn Maloney, D-N.Y., who was chair of the Oversight Committee, wrote in a letter to Kushner in June 2022.

Republicans on the committee have delayed Democrats’ efforts to subpoena Kushner over the matter.

On Wednesday, Senate Finance Committee Chair Ron Wyden, D-Ore., initiated a new probe into Affinity, saying in a release on his website that he’s seeking “information pertaining to the tens of millions in payments Kushner is receiving from the Saudis and other foreign sources every year while exploiting private investment fund disclosure loopholes to shield the arrangement from public scrutiny.”

A representative for Kushner didn’t respond to requests for comment.

Taking control

Unybrands was still trying to expand as early as February of this year despite the turmoil in the market. The company announced a new funding round — an undisclosed amount from unnamed investors — alongside the acquisition of another company that would bring in six new brands to its portfolio. The investment would also go toward repaying $300 million in debt owed to asset management firm Crayhill Capital Management from a financing round in 2021.

At the same time, Unybrands overhauled its board. Co-founder and CEO Ulrich Kratz, a former Barclays and Goldman Sachs executive, resigned as a director, along with the company’s two other co-founders, according to filings. 

Kratz hailed the new funding as a “huge day” for Unybrands in a February LinkedIn post.

“We’re now positioned better than ever to serve our customers and to continue to provide attractive exits for successful entrepreneurs,” he said.

While Unybrands provided scant details about the investment, filings with the U.K.’s corporate register show that in March, Unybrands transferred control of the company to a new entity owned by Kushner and affiliated with Affinity called AP Investments II.

Two years after Kushner’s first meeting with the company, U.K. records show Unybrands reincorporated as UBHoldCo. Filings indicate that AP Investments II maintains control of the business.

“The relevant legal entity holds, directly or indirectly, 75% or more of the shares of the company,” the filing says, referring to the firm’s control of UBHoldCo.

Unybrands acknowledged the ownership change in a memo to shareholders about the funding round last month, though it didn’t confirm Affinity’s involvement.

“As part of the financing the Crayhill debt was repaid,” Unybrands wrote in the memo, which was viewed by CNBC. “It also became necessary to make some changes to our corporate structure, which has meant that our group’s operating assets have been transferred to a new entity.”

UBHoldCo lists Ian Brekke, Affinity’s chief compliance officer, and Affinity partner Asad Naqvi as directors. Unybrands’ original holding company also remains active and lists two directors. One is Affinity partner Bret Pearlman, a former Blackstone managing director who also co-founded Elevation Partners with Roger McNamee. The other is Max Fink, a partner at Neumann’s family office, 166 2nd Financial Services.

It’s unclear how the entities and their boards operate within Unybrands’ corporate structure. The company notified shareholders late last month that “our investor” recently finalized its tax structuring, and that it would share more details on the financing soon, according to a document viewed by CNBC.

Unybrands told CNBC it’s in the process of consolidating its operations under one entity with one board made up of its “operating partners” and investors. The company confirmed its most recent funding round included Affinity, alongside Neumann’s family office and angel investors. The company added that Kratz continues to lead the business.

Representatives from Affinity didn’t respond to multiple requests for comment. Brekke, Naqvi, Pearlman and Fink also didn’t respond to requests for comment.

Israeli-American businessman Adam Neumann speaks during The Israeli American Council (IAC) 8th Annual National Summit on January 19, 2023 in Austin, Texas.

Shahar Azran | Getty Images

Neumann, who reportedly developed a relationship with Kushner when he was in the Trump administration, had ties to Unybrands through its co-founder Eugen Miropolski, former COO of WeWork.  

Several high-profile executives have also recently departed Unybrands since Affinity effectively took control. CFO Robyn Laguette stepped down in March, according to her LinkedIn profile. Mark Goldfinger, who was vice president of growth and was involved in the Affinity deal, left in April, he confirmed in an email to CNBC.

Kushner has never spoken publicly about Unybrands or acknowledged his firm’s investment in the company. He said recently that he’s focused on investing and won’t be returning to the White House should Donald Trump defeat President Joe Biden in the November election.

“I’ve been very clear that my desire at this phase of my life is to focus on my firm,” Kushner said at an Axios event in February.

While Unybrands may end up as a relatively small write-off for his multibillion-dollar firm, other questions are still swirling.

In October, Kushner appeared on the “Lex Fridman Podcast,” a popular show that’s drawn a range of guests from Amazon founder Jeff Bezos and OpenAI CEO Sam Altman to Ye, the rapper formerly known as Kanye West.

Asked about Affinity’s backers, Kushner said he hasn’t been accused of violating any laws or ethics rules, and said one of his goals with the firm is to build “economic links” between the Gulf and Israel.

“I think we’re doing very well with it,” Kushner said. “In terms of the criticisms, I think that I’ve been criticized in every step of everything I’ve always done in my life. And so what I would say is this business is actually an objective metric business. It’s about returns. So in three, four years from now, five years from now, see how I do. Hopefully I’ll do very well, and judge me based on that.”

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Elon Musk’s X will be allowed back online in Brazil after paying one more fine

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Elon Musk's X will be allowed back online in Brazil after paying one more fine

The Federal Supreme Court (STF) in Brazil suspends Elon Musk’s social network after it fails to comply with orders from Minister Alexandre de Moraes to block accounts of those being investigated by the Brazilian justice system. 

Cris Faga | Nurphoto | Getty Images

X has to pay one last fine before the social network owned by Elon Musk is allowed back online in Brazil, according to a decision out Friday from the country’s top justice, Alexandre de Moraes.

The platform was suspended nationwide at the end of August, a decision upheld by a panel of judges on Sept. 2. Earlier this month, X filed paperwork informing Brazil’s supreme court that it is now in compliance with orders, which it previously defied.

As Brazil’s G1 Globo reported, X must now pay a new fine of 10 million reals (about $2 million) for two additional days of non-compliance with the court’s orders. X’s legal representative in Brazil, Rachel de Oliveira, is also required to pay a fine of 300,000 reals.

The case dates back to April, when de Moraes, the minister of Brazil’s supreme court, known as Supremo Tribunal Federal (STF), initiated a probe into Musk and X over alleged obstruction of justice.

Musk had vowed to defy the court’s orders to take down certain accounts in Brazil. He called the court’s actions “censorship,” and railed online against de Moraes, describing the judge as a “criminal” and encouraging the U.S. to end foreign aid to Brazil.

In mid-August, Musk closed down X offices in Brazil. That left his company without a legal representative in the country, a federal requirement for all tech platforms to do business there.

By Aug. 28, de Moraes’ court threatened a ban and fines if X didn’t appoint a legal representative within 24 hours, and if it didn’t comply with takedown requests for accounts the court said had engaged in plots to dox or harm federal agents, among other things.

Earlier this month, the STF froze the business assets of Musk companies, including both X and satellite internet business Starlink, operating in Brazil. The STF said in court filings that it viewed Starlink parent SpaceX and X as companies that worked together as related parties.

Musk wrote in a post on X at that time that, “Unless the Brazilian government returns the illegally seized property of and SpaceX, we will seek reciprocal seizure of government assets too.”

On August 29, 2024, in Brazil, the Minister of the Supreme Court, STF Minister Alexandre de Moraes, orders the blocking of the accounts of another company, Starlink, of Elon Musk, to guarantee the payment of fines imposed by the STF due to the lack of representatives of X in Brazil. 

Ton Molina | Nurphoto | Getty Images

As head of the STF, de Moraes has long supported federal regulations to rein in hate speech and misinformation online. His views have garnered pushback from tech companies and far-right officials in the country, along with former President Jair Bolsonaro and his supporters.

Bolsonaro is under investigation, suspected of orchestrating a coup in Brazil after losing the 2022 presidential election to current President Luiz Inacio Lula da Silva.

While Musk has called for retribution against de Moraes and Lula, he has worked with and praised Bolsonaro for years. The former president of Brazil authorized SpaceX to deliver satellite internet services commercially in Brazil in 2022.

Musk bills himself as a free speech defender, but his track record suggests otherwise. Under his management, X removed content critical of ruling parties in Turkey and India at the government’s insistence. X agreed to more than 80% of government take-down requests in 2023 over a comparable period the prior year, according to analysis by the tech news site Rest of World.

X faces increased competition in Brazil from social apps like Meta-owned Threads, and Bluesky, which have attracted users during its suspension.

Starlink also faces competition in Brazil from eSpace, a French-American firm that gained permission this year from the National Telecommunications Agency (Anatel) to deliver satellite internet services in the country.

Lukas Darien, an attorney and law professor at Brazil’s Facex University Center, told CNBC that the STF’s enforcement actions against X are likely to change the way large technology companies will view the court.

“There is no change to the law here,” Darien wrote in a message. “But specifically, big tech companies are now aware that the laws will be applied regardless of the size of a business and the magnitude of its reach in the country.”

Musk and representatives for X didn’t immediately respond to a request for comment on Friday.

Late Thursday, X Global Government Affairs posted the following statement:

“X is committed to protecting free speech within the boundaries of the law and we recognize and respect the sovereignty of the countries in which we operate. We believe that the people of Brazil having access to X is essential for a thriving democracy, and we will continue to defend freedom of expression and due process of law through legal processes.”

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OpenAI sees roughly $5 billion loss this year on $3.7 billion in revenue

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OpenAI sees roughly  billion loss this year on .7 billion in revenue

Sam Altman, CEO of OpenAI, at the Hope Global Forums annual meeting in Atlanta on Dec. 11, 2023.

Dustin Chambers | Bloomberg | Getty Images

OpenAI, the creator of ChatGPT, expects about $5 billion in losses on $3.7 billion in revenue this year, CNBC has confirmed.

The company generated $300 million in revenue last month, up 1,700% since the beginning of last year, and expects to bring in $11.6 billion in sales next year, according to a person close to OpenAI who asked not to be named because the numbers are confidential.

The New York Times was first to report on OpenAI’s financials earlier on Friday after viewing company documents. CNBC hasn’t seen the financials.

OpenAI, which is backed by Microsoft, is currently pursuing a funding round that would value the company at more than $150 billion, people familiar with the matter have told CNBC. Thrive Capital is leading the round and plans to invest $1 billion, with Tiger Global planning to join as well.

OpenAI CFO Sarah Friar told investors in an email Thursday that the funding round is oversubscribed and will close by next week. Her note followed a number of key departures, most notably technology chief Mira Murati, who announced the previous day that she was leaving OpenAI after six and a half years.

Also this week, news surfaced that OpenAI’s board is considering plans to restructure the firm to a for-profit business. The company will retain its nonprofit segment as a separate entity, a person familiar with the matter told CNBC. The structure would be more straightforward for investors and make it easier for OpenAI employees to realize liquidity, the source said.

OpenAI’s services have exploded in popularity since the company launched ChatGPT in late 2022. The company sells subscriptions to various tools and licenses its GPT family of large language models, which are powering much of the generative AI boom. Running those models requires a massive investment in Nvidia’s graphics processing units.

The Times, citing an analysis by a financial professional who reviewed OpenAI’s documents, reported that the roughly $5 billion in loses this year are tied to costs for running its services as well as employee salaries and office rent. The costs don’t include equity-based compensation, “among several large expenses not fully explained in the documents,” the paper said.

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Alibaba, Tencent rally as Beijing stimulus plans push China’s tech stocks to 13-month high

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Alibaba, Tencent rally as Beijing stimulus plans push China's tech stocks to 13-month high

The Alibaba office building is seen in Nanjing, Jiangsu province, China, Aug 28, 2024. 

CFOTO | Future Publishing | Getty Images

Chinese tech stocks, including beaten-down names like Alibaba, rallied this week, hitting highs not seen in more than a year after China’s central bank announced measures to stimulate the world’s second-largest economy.

The Hang Seng Tech Index in Hong Kong, which contains most of the big Chinese tech stocks, closed up nearly 6% at its highest level since early August 2023. The index is up 20% this week.

Alibaba closed above $100 per share for the first time since August last year in the U.S. on Thursday, after surging 10% during the session. On Friday, the company’s Hong Kong-listed stock reached its highest close since February 2023, up nearly 5% to 102.50 Hong Kong dollars. The e-commerce giant’s shares in Hong Kong are around 18% higher this week.

Tencent, the owner of China’s biggest messaging app WeChat and one of the largest gaming firms in the world, closed up nearly 2% at 437.80 Hong Kong dollars per share. This is the firm’s highest close in more than two-and-a-half years and comes after Tencent’s stock rallied around 49 % this year amid a recovery in its core gaming business.

Food delivery giant Meituan meanwhile ended the session 8% higher at 164.60 Hong Kong dollars a share, the company’s highest close level since February last year.

The market uptick comes after the People’s Bank of China this week announced a cut to the amount of cash that banks need to have on hand. The central bank outlined plans to further support the struggling property market, including extending measures for two years and cutting the interest rates on existing mortgages.

These measures have been declared in the hope of boosting the Chinese economy. Prior to the cuts, investors had been cautious on Chinese tech stocks like Alibaba and Meituan which are sensitive to the economy and consumer in China.

However, big-name investor have started to strike a bullish tone on Chinese stocks. Billionaire hedge fund founder David Tepper told CNBC on Thursday that, after the U.S. Federal Reserve cut interest rates this month, he bought more Chinese stocks including names like Alibaba and Baidu.

Other names including JD.com and Baidu also logged share increases this week.

Despite the latest upswing, Chinese tech stocks remain significantly off their all-time highs hit in 2021.

CNBC’s Evelyn Cheng contributed to this report.

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