The estate of the bankrupt cryptocurrency firm FTX has taken legal action against the exchange platform Bybit, aiming to reclaim $953 million transferred to Bybit's investment arm, as per court filings on Friday.
Efforts to recover what the estate deems "misappropriated funds" had previously involved lawsuits against former FTX executives and even the parents of FTX founder Sam Bankman-Fried.
The recent legal complaint, filed in Delaware, specifically targets Bybit Fintech Ltd., its investment arm Mirana, and several individuals, including Mirana executive Sean Tan. The complaint alleges that Mirana received significant transfers from FTX.com, totaling around $838 million, with $500 million transferred just before FTX halted withdrawals on Nov. 8, 2022.
Additionally, the lawsuit claims an extra $115 million in digital and fiat assets were transferred to entities and individuals associated with Bybit and Mirana, with a significant portion withdrawn just before FTX.com and FTX US disabled withdrawals.
The FTX estate asserts that Bybit was granted VIP status on the exchange and that, leading up to the bankruptcy filing, Mirana and its affiliates hurried to withdraw assets from their FTX accounts. The complaint suggests that Mirana used its VIP connections to expedite withdrawal requests, reducing funds available to non-VIP customers. Furthermore, it alleges that FTX employees altered Mirana's Know-Your-Customer (KYC) settings in the days preceding the withdrawal suspension.
The lawsuit seeks the return of assets transferred to Bybit and its affiliates, claiming they are now "held hostage" by Bybit and were transferred either preferentially or fraudulently.
FTX's previous management has faced accusations of misappropriating customer funds by the estate's new management and the U.S. government. Founder Sam Bankman-Fried was recently found guilty of fraud against FTX customers by a New York jury and awaits sentencing next year, potentially facing jail time.