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Restructuring officer for Alex Jones’ business questioned about tens of millions withdrawn from company



CNN Business

The accountant now in charge of overseeing right-wing conspiracy theorist Alex Jones’ company Free Speech Systems through its bankruptcy was questioned Wednesday by attorneys for families of Sandy Hook shooting victims over $62 million in funds Jones has drawn from the company over the years.

Free Speech Systems, which runs Jones’ conspiratorial outlet Infowars, filed for bankruptcy protection on Friday, amid proceedings in two states to determine how much Jones owes in damages to families of Sandy Hook victims over his false claims that the shooting was a hoax and they had not actually gone through the experience of losing a child in it.

Marc Schwartz testified he signed a contract to take over as Chief Restructuring Officer for the company in June and now controls all bank accounts, payroll and hiring decisions. Schwartz testified that Jones withdrew about $62 million dollars from the company over 14 years, and testified that $30 million of those withdrawals was paid to the IRS.

Schwartz also testified during the hearing, which ran for more than six hours, that Infowars received about $9 million in cryptocurrency donations and that “they went directly to Mr. Jones.”

Schwartz said during his testimony that Free Speech Systems should be allowed to use cash it has on hand to be able to pay vendors, saying otherwise it will have to shut down.

“If we can’t pay the critical vendors then we will be shut down,” Schwartz said. “The company’s in a situation right now where there’s not a whole lot of breathing room.”

US Bankruptcy Judge Christopher Lopez said Wednesday he would not allow more withdrawals moving forward and that he found some of Schwartz’s testimony “troubling.”

Court documents filed Friday as part of Free Speech Systems’ bankruptcy showed the company has between $10 million and $50 million in estimated assets and between $50 million and $100 million in estimated liabilities. An attorney for Free Speech Systems said at the hearing Wednesday that the company has about $1.3 million cash on hand.

Schwartz stressed the importance of being able to pay vendors that allow the company to broadcast and sell products online, saying that when Jones is not on the air discussing products he sells, the company sees a 30% drop in sales.

“If we can’t broadcast, we can’t sell,” Schwartz said.

Schwartz testified the management structure of Free Speech Systems was not set up the way a successful business should be managed.

“There is Alex and then there is everybody else,” Schwartz testified.

Schwartz said accounting controls were, as far as he could tell after taking control of the company, “nonexistent,” that the people responsible for maintaining the company’s books did not have accounting degrees and that there had been no financial reports produced in at least 18 months when he took over.

Lawyers homed in on Jones’ salary under the bankruptcy plan, saying documents showed Jones’ salary before the bankruptcy was $625,000 a year, and under a restructuring plan, it would amount to about $1.3 million. Schwartz said Jones’ salary could be considered reasonable because of his value to the company.

“Who is more valuable? Nobody,” Schwartz said. Lopez authorized a lower salary for Jones to be paid, of about $20,000 every other week.

When asked how much the company had spent on legal expenses related to the Sandy Hook lawsuits, Schwartz said company records show at least $4.5 million have been spent between 2018 and 2021, but that he does not believe that number is accurate.

Schwartz also testified that Jones used a company-associated American Express card to pay for personal expenses, including housekeeping charges, regularly in the past 18 months. The card had $300,000 a month in charges, but Schwartz said accounting staff did not label what the charges were for.

“We can’t tell you whether it’s for electricity, entertainment or electronic supplies for the production studio,” Schwartz said.

Lopez said he would not authorize the current American Express bill of about $172,000 to be paid.

Schwartz said he didn’t know who Jones was before being hired, and that he doesn’t agree with many of Jones’ views but occasionally consults with him on matters involving the business.

Three smaller companies tied to Jones declared bankruptcy earlier this year, briefly pausing the suits against Jones. But the families suing him dropped those companies from their lawsuits so that the cases could move forward against only Jones and Free Speech Systems. Shortly after, the companies exited bankruptcy protection.

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Business

Australian investors left with nothing as cryptocurrency giant Celsius goes bankrupt

Cryptocurrency lender Celsius Network was advertising yields of 17 per cent right up to mid-June when it froze withdrawals and then filed for bankruptcy in New York one month later.

Marketing itself much like a bank but without the same regulations, it attracted a global customer base — including Australians — many of whom had their assets locked up as cryptocurrency prices collapsed and the company ran aground.

The plight of these retail investors was spotlighted in recent weeks by software engineer and frequent cryptocurrency critic Molly White, who began to tweet moving excerpts from hundreds of letters sent to the New York bankruptcy court and shared in court exhibits.

“The stereotype of people who are putting money into crypto is… young, technologically savvy men,” Ms White told the ABC.

“And that did not seem to be the demographic in the letters.

“There were also a lot of people who were saying, ‘this is my life savings, my pension, I worked 10, 20, 30 years to save this money.'”

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Ms White also shared letters from people who said they were based in Australia, many of whom described their utter desperation and even thoughts of suicide after they were blocked from accessing funds.

One woman said the impact on her family had been severe. She included an email she sent to Celsius management begging to be allowed to withdraw some of her funds from her. The email included an ultrasound picture of her unborn child from her.

Others wrote of their emotional turmoil:

“I have lost everything. How can I explain this to my son? I feel ashamed at myself.”

“That was our life savings. It was our chance of having a baby, and funding medical expenses. It was our chance of taking care of our parents as they age.”

A father of three in Australia wrote he had “his life savings in a Celsius earn account”, and that he’d also convinced his father to deposit cryptocurrency assets into Celsius as a “safe haven”.

As well as putting a personal face to the cryptocurrency crash, many of the letters cite the online presence of Celsius chief executive Alex Mashinsky as a key reason for investing.

They bring up his regular YouTube AMA or “ask me anything” sessions, in which he projected supreme confidence until the end, and a willingness to call out what he saw as “misinformation” about his company on Twitter.

Ms White was also struck by how many letters specifically cited Mr Mashinsky, and his online persona.

“Those [AMA sessions] clearly worked really well to build trust in him and in the platform,” she said.

“And people basically believed that Alex Mashinsky as a person would not do this to them.”

Celsius CEO Alex Mashinsky in November 2021
Celsius CEO Alex Mashinsky in November 2021, when bitcoin was riding high.(Getty: Piaras Ó Midheach)

‘We’re at the bottom, and we’re trying to be loud’

Claire* is one of the Australians with assets locked up in Celsius who wrote to the judge.

She returned to Australia in 2020 after more than a decade living in the United States, and was after a career change. A university course in financial technology introduced her to cryptocurrencies, and she took a shine to the industry.

But Claire said she struggled to find a job in the field and when trying to start her own businesses, found that Australian banks wouldn’t lend her due to a lack of local credit history.

A US cousin introduced her to bitcoin mining, and she ended up locking away around $US50,000 worth of bitcoin as collateral for a loan from Celsius.

“I was very attracted to their loan facility, because I couldn’t get a loan here for anything,” she said.

“Cryptocurrency for a person who is in that situation is… more attractive.”

While she is not in as dire a situation as some other Celsius customers, Claire said the goal of writing her letter was to ensure the voices of smaller investors were heard as the company’s debts are considered.

It’s still unclear how the process will play out.

Celsius’s terms and conditions warn that an account with the company is “not a checking or savings account, and it is not covered by insurance against losses” and that “any Eligible Digital Assets … may not be recoverable” after bankruptcy.

“The big guys will get the lawyers and they will be loud,” she said.

“We’re at the bottom, and we’re trying to be loud.”

Risk not over for Australian investors

Celsius had approximately 300,000 active users with balances of more than $US100 ($144) as of July 2022, and a $US1.2 billion shortfall when it filed for Chapter 11 bankruptcy in the Southern District of New York.

The company offered a number of services, including the ability to borrow against cryptocurrency assets transferred to the company, or to earn high reward rates on these deposits.

But while its team presented a glossy picture of huge yields, it seemed impossible to some critics that such numbers could be sustained without making potentially hazardous investment choices with the funds of its international depositors.

Campbell Harvey, a professor of finance at Duke University, said the Celsius situation was ultimately simple: “This is a company that basically took customer deposits, if you want to call them that, and then invested in very risky products.”

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Business

Crypto clients beg for their cash back after lender’s crash

An Irishman at risk of losing his farm. An American having suicidal thoughts. An 84-year-old widow’s lost life savings: People caught in the meltdown of crypto lender Celsius are pleading for their money back.

Hundreds of letters have poured into the judge overseeing the firm’s multi-billion-dollar bankruptcy and they are heavy with anger, shame, desperation and, frequently, regret.

Celsius and its CEO Alex Mashinsky had billed the platform as a safe place for people to deposit their crypto currencies in exchange for high interest, while the firm slowed out and those invested deposits.

The company owed $4.7 billion to its users, according to a court filing earlier this month, and the endgame is unclear.

“From that hard-working single mom in Texas struggling with past-due bills, to the teacher in India with all his hard-earned money deposited in Celsius — I believe I can speak for most of us when I say I feel betrayed, ashamed, depressed, angry,” wrote one client who signed their letter EL

“I have been a loyal Celsius customer since 2019 and feel completely lied to by Alex Mashinsky,” wrote a client who AFP is not identifying to protect his privacy. “Alex would talk about how Celsius is safer than banks.”

– Repeated assurances before fail –

“We have made it through crypto downturns before (this is our fourth!). Celsius is prepared,” the firm wrote.

One client, who reported having $32,000 in crypto locked up at Celsius, noted the impact.

But that changed quickly, and on June 12 Celsius announced the freeze: “We are taking this action today to put Celsius in a better position to honor, over time, its withdrawal obligations.”

“By the time I finished the e-mail, I had collapsed onto the floor with my head in my hands and I fought back tears,” wrote one man who had about $50,000 in assets with Celsius.

Others reported heavy stress, lack of sleep and feelings of deep shame for putting their retirement savings or their children’s college money into a platform that was far riskier than they knew.

Celsius did not reply to a request for comment on the clients’ letters.

“It’s just not unusual for people to come out of something like this with zero,” said Don Coker, an expert witness on banking and finance.

jm/des

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