FTX Bankruptcy Lawsuit Raises Questions About Law Firm’s Objectivity
A class action lawsuit has been filed against Sullivan and Cromwell, the law firm overseeing the bankruptcy proceedings of FTX, a troubled cryptocurrency exchange. The creditors of FTX allege that the law firm had significant involvement with the exchange prior to its collapse, raising concerns about its impartiality in the bankruptcy process.
Allegations of Conflicts of Interest
The lawsuit focuses on Sullivan and Cromwell’s role as outside attorneys for FTX before its failure. During this time, the law firm earned $8.5 million in legal fees, leading to questions about its financial ties to the exchange. The lawsuit also highlights the involvement of Ryne Miller, who previously worked for Sullivan and Cromwell and later became FTX’s General Counsel in 2021.
The lawsuit claims that Sullivan and Cromwell obtained proprietary information about FTX’s operations and supported the exchange’s deceptive actions. It also alleges that the law firm represented entities closely associated with FTX and facilitated controversial financial moves funded by customer funds.
Financial Gains Amidst Bankruptcy
Sullivan and Cromwell’s financial benefits from its relationship with FTX are now under scrutiny as the exchange faces bankruptcy. The law firm has earned over $180 million from the bankruptcy proceedings, which is above average and has drawn criticism from FTX creditors. These earnings, along with the history of increasing charge rates, support the allegations of a conflict of interest.
Regulatory and Legal Concerns
Sullivan and Cromwell’s involvement in FTX’s bankruptcy has faced criticism from U.S. senators and other parties concerned about an independent investigation into the collapse. Despite reservations, the law firm was selected to oversee the bankruptcy proceedings, a decision that has been contested in court. The Third Circuit Court of Appeals has called for an independent examiner to ensure an unbiased investigation, further highlighting the ongoing debate about the law firm’s suitability in representing FTX in its bankruptcy.