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FTX logo with crypto coins with 100 Dollar bill are displayed for illustration. FTX has filed for bankruptcy in the US, seeking court protection as it looks for a way to return money to users.

Jonathan Raa | Nurphoto | Getty Images

Beleaguered cryptocurrency exchange FTX may have more than 1 million creditors, according to a new bankruptcy filing, hinting at the huge impact of its collapse on crypto traders.

Last week, when it filed for Chapter 11 bankruptcy protection, FTX indicated that it had more than 100,000 creditors with claims in the case.

But in an updated filing Tuesday, lawyers for the company said: “In fact, there could be more than one million creditors in these Chapter 11 Cases.”

Typically in such cases, debtors are required to provide a list of the names and addresses of the top 20 unsecured creditors, the lawyers said. However, given the scale of its debts, the group instead intends to file a list of the 50 largest creditors on or before Friday.

Five new independent directors have been appointed at each of FTX’s main parent companies, according to the filing, including the former Delaware district judge, Joseph J. Farnan, who will serve as lead independent director.

Over the past 72 hours, FTX has been in contact with “dozens” of regulators in the U.S. and overseas, the company’s lawyers wrote. These include the U.S. Attorney’s Office, the Securities and Exchange Commission and the Commodity Futures Trading Commission.

The risk of an FTX crypto contagion

This year has seen a spate of crypto firms, including Celsius and Voyager Digital, fail as they contend with a slump in digital asset prices and ensuing liquidity issues.

In earlier bankruptcy cases, traders on these platforms have been designated “unsecured creditors,” meaning they’ll likely be at the back of a long queue of entities seeking repayment, from suppliers to employees.

Before its collapse, FTX offered amateur and professional traders spot crypto investing as well as more complex derivatives trades. At its peak, the platform was valued by investors at $32 billion and had more than 1 million users. The company’s failure has had a chilling effect on the industry, with investors selling their positions and moving funds off exchanges.

On Monday, the CEOs of Binance and Crypto.com sought to reassure investors about their businesses’ financial health. Binance’s Changpeng Zhao said his exchange had only seen a minor increase in withdrawals, while Crypto.com chief Kris Marszalek said his firm had a “tremendously strong balance sheet.”

Commingling of client funds

FTX collapse has caused 'colossal loss of investor confidence,' says crypto broker exec

“FTX faced a severe liquidity crisis that necessitated the filing of these cases on an emergency basis last Friday,” lawyers wrote in the filing Tuesday. “Questions arose about Mr. Bankman-Fried’s leadership and the handling of FTX’s complex array of assets and businesses under his direction.”

CNBC reported Sunday that Alameda Research, FTX’s sister company, had borrowed billions in customer funds from the exchange to ensure it had enough liquidity on hand to process withdrawals.

In general, mixing customer funds with counterparties and trading them without explicit consent is illegal, according to U.S. securities law. It also violates FTX’s terms of service.

Bankman-Fried declined to comment on allegations but said the company’s recent bankruptcy filing was the result of issues with a leveraged trading position.

“I think it’s increasingly clear, even at a basic level, that this kind of intermingling of interests between the market maker and the exchange is highly unethical,” Jamie Burke CEO and founder of Web3-focused venture capital firm Outlier Ventures, told CNBC.

In a cryptic Twitter thread this week, Bankman-Fried wrote the word “What” followed by the letters “H,” “A,” “P,” “P,” “E,” “N,” “E,” “D,” in intermittent tweets.

He finished the thread Tuesday with the sentence: “10) [NOT LEGAL ADVICE. NOT FINANCIAL ADVICE. THIS IS ALL AS I REMEMBER IT, BUT MY MEMORY MIGHT BE FAULTY IN PARTS.]”

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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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