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SEC initiates legal action against FTX’s auditor
The SEC alleges that Prager Metis, an accounting firm engaged by bankrupt crypto exchange FTX in 2021, committed hundreds of violations related to auditor…

The SEC alleges that Prager Metis, an accounting firm engaged by bankrupt crypto exchange FTX in 2021, committed hundreds of violations related to auditor independence.
The United States Securities and Exchange Commission (SEC) has commenced legal proceedings against an accounting firm that had provided services tocryptocurrency exchange FTX prior to its bankruptcy declaration.
According to a September 29 statement, the SEC alleged that Prager Metis provided auditing services to its clients without maintaining the necessary independence, as it allegedly continued to offer accounting services. This practice this prohibited under the auditor independence framework.
To prevent conflicts of interest, accounting and audit tasks must be kept clearly separate. However, the SEC claims that these activities spanned over a period of approximately three years:
“As alleged in our complaint, over a period of nearly three years, Prager’s audits, reviews, and exams fell short of these fundamental principles. Our complaint is an important reminder that auditor independence is crucial to investor protection.”
While the statement doesn't explicitly mention FTX or any other clients, it does emphasize that there were allegedly "hundreds" of auditor independence violations throughout the three-year period.
Furthermore, a previous court filing pointed out that the FTX Group engaged Metis to audit FTX US and FTX at some point in 2021. FTX declared bankruptcy in November 2022.
The filing claimed that given Bankman-Fried's public announcement of previous FTX audit results, Metis should have been aware that its work would be utilized by FTX to enhance public trust.
Related: FTX founder’s plea for temporary release should be denied, prosecution says
Concerns were previously reported regarding the material presented in FTX's financial statements.
On Jan. 25, current FTX CEO John Ray told a bankruptcy court that he had “substantial concerns as to the information presented in these audited financial statements.”
Furthermore, Senators Elizabeth Warren and Ron Wyden raised concerns about the firm's impartiality, arguing that it functioned as an advocate for the crypto industry.
Meanwhile, a law firm that provided services to FTX has come under scrutiny in recent times.
In a Sept. 21 court filing, plaintiffs allege that Fenwick & West can be held liable because it reportedly exceeded the norm when it came to its service offerings to FTX.
However, Fenwick & West asserts that it cannot be held accountable for a client's misconduct as long as its actions remain within the bounds of the client's representation.
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SEC plans scrutiny of crypto dealer-brokers, transfer agents, per 2024 exam guide
The SEC sets examination priorities based on feedback from examiners and input from investors and the industry.
The United States Securities…

The SEC sets examination priorities based on feedback from examiners and input from investors and the industry.
The United States Securities and Exchange Commission released its 2024 examination priorities report on Oct. 16. The agency’s Division of Examinations has been publishing similar reports for over a decade to let its registrants know the emerging risks it will be focusing on. Crypto dealer-brokers, among others, have been given notice.
The SEC’s examinations division expanded its capacity and set up teams within its various programs to address crypto, fintech, AI and cybersecurity in 2023, the report said. It added that the SEC was continuing to observe broker-dealers and advisers working in crypto.
The division was looking at registrants that offer new practices, “particularly technological and online solutions that service online accounts aimed at meeting the demands of compliance and marketing,” such as “automated investment tools, artificial intelligence, and trading algorithms or platforms.”
Related: Coinbase continues push to compel SEC to act on crypto rulemaking petition
Examinations will look at how well registrants meet standards of conduct regarding customer advice and their understanding of the products the registrants offer. The report mentioned older investors and retirement assets specifically. They will also ensure that registrants are complying with the latest guidance. Here, “custody requirements under the Advisers Act” were singled out. The handling of risks associated with using blockchain and distributed ledger technology will also be assessed.
Examinations of transfer agents servicing crypto asset securities issuers or using emerging technologies in their work were mentioned separately.
Interesting to see that the SEC has identified prep for T+1 as an examination priority for brokers in 2024. The list is usually focused on things less plumbing-related, but it shows they're going to be getting the red pens out before May next year. #finreg pic.twitter.com/RsPnL6JZtq
— Virginie O'Shea (@virginieoshea) October 16, 2023
The Division of Examinations has published examination updates before, but this is the first time one has appeared at the beginning of the new fiscal year. Division irector Richard Best said:
“Continuing to make our examination priorities public increases transparency into the examination program and encourages firms to focus their compliance and surveillance efforts on areas of potentially heightened risk to retail investors.”
According to the SEC, examination priorities are determined based on feedback from examination staff in the previous year, as well as from investors, industry groups and similar sources.
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Macro: Empire State Manufacturing Survey
Our first look at October numbers. Similar to the consumer sentiment report, we did see a down tick from last month and the survey did go back into negative…

Our first look at October numbers. Similar to the consumer sentiment report, we did see a down tick from last month and the survey did go back into negative territory. But, from a broader perspective we are still trending positive off the lows at the end of 2022.
Disclaimer: This information is presented for informational purposes only and does not constitute an offer to sell, or the solicitation of an offer to buy any investment products. None of the information herein constitutes an investment recommendation, investment advice or an investment outlook. The opinions and conclusions contained in this report are those of the individual expressing those opinions. This information is non-tailored, non-specific information presented without regard for individual investment preferences or risk parameters. Some investments are not suitable for all investors, all investments entail risk and there can be no assurance that any investment strategy will be successful. This information is based on sources believed to be reliable and Alhambra is not responsible for errors, inaccuracies, or omissions of information. For more information contact Alhambra Investment Partners at 1-888-777-0970 or email us at info@alhambrapartners.com.
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$200 million in Bitcoin leaves exchanges amid ETF hearsay
Quick Take Over the course of Oct. 16, a total of 7,000 Bitcoin, worth roughly $200 million, vacated exchanges. While some movement may be in response…

Quick Take
Over the course of Oct. 16, a total of 7,000 Bitcoin, worth roughly $200 million, vacated exchanges. While some movement may be in response to a recent wave of misinformation regarding the approval of a Bitcoin spot ETF, the flurry of on-chain has persisted both before and after.
This movement was accompanied by a notable contraction in open interest, representing the total funds allocated in open futures contracts. Initially standing at $11 billion, open interest took a hit of over $1 billion, plunging to a little above $10 billion.

The ripple effects didn’t stop there. In the past 24 hours, there has been a liquidation of $183 million in the crypto market, with Bitcoin accounting for over $100 million of this total. More than $80 million of these Bitcoin liquidations were in the form of short liquidations, marking the largest such event since August 17.

The post $200 million in Bitcoin leaves exchanges amid ETF hearsay appeared first on CryptoSlate.
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