- The federal appeals court docket in Philadelphia ordered that an impartial examiner be appointed to scrutinize the FTX collapse.
- Chapter court docket choose John Dorsey had earlier denied the trustee’s request.
A federal appeals court docket has ordered following a three-judge bench choice that an impartial examiner ought to scrutinize FTX’s chapter case.
Federal court docket orders for appointment of an examiner in FTX case
The Related Press reported on Tuesday that the appeals court docket in Philadelphia has reversed an earlier ruling denying a US chapter trustee’s request for an impartial examiner. US chapter choose John Dorsey dismissed the trustee’s request in February final 12 months.
Decide Dorsey had agreed with FTX’s argument that an examiner’s involvement would solely duplicate what new CEO John Ray III, federal businesses and the committee of unsecured collectors was doing.
FTX additionally argued that having an impartial examiner was too pricey.
However in its ruling final Friday, the appeals court docket agreed with the chapter trustee’s place that FTX’s collapse, which adopted allegations of huge fraud, warrants an impartial overview fairly than depend on an inside investigation.
Decide Luis Felipe Restrepo, writing for the appeals court docket panel, famous that the trustee’s case raised “easy points” and that the chapter code offers for an impartial examiner’s appointment.
An examiner, choose Restrepo mentioned, will make public all findings. Debtor or collectors’ committees would not have such an obligation.
FTX filed for chapter in November 2022 and its founder and former CEO Sam Bankman-Fried is awaiting sentencing after he was discovered responsible on all costs, together with fraud. The sentencing is scheduled for March 2024.
Earlier this month, US prosecutors hinted at not pursuing a second trial for Bankman-Fried.