---------- Forwarded message ---------
From: FTX Trading Ltd.
Date: Fri, Nov 17, 2023, 10:19 AM
Subject: RE: [EXTERNAL] FTX DR 5-105 Records Request
To: g@xny.io
Gunnar,
Thank you for your inquiry.
Kroll is the appointed claims and noticing agent for FTX Trading Ltd.
chapter 11 cases.? As such, Kroll does not have access to personal FTX
account information. Should you have an inquiry related to the chapter 11
proceedings, please do not hesitate to respond to this email.
Information, including access to court documents, instructions on how to
file a proof of claim, and important dates and deadlines will be available
throughout the case at?https://restructuring.ra.kroll.com/FTX/.
PLEASE NOTE: Kroll is the appointed claims and noticing agent for FTX
Trading Ltd. and 101 affiliated debtors’ chapter 11 cases.? As such, we are
not permitted to provide legal or financial advice.? Further, Kroll is not
permitted to accept claims via email or fax, and any such information
provided via either of these methods will not constitute a claim in these
proceedings.
Regards,
_________________________________________
Kroll Inquiries
www.kroll.com http://www.kroll.com/en/services/business-services
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--------------- Original Message ---------------
*From:* Gunnar Larson [g@xny.io]
*Sent:* 11/10/2023, 10:55 AM
*To:* ftxquestions@kroll.com
*Cc:* frc@fincen.gov; sreader@curtis.com
*Subject:* [EXTERNAL] FTX DR 5-105 Records Request
Hello there:
New York is one of the few states that require lawyers to check for
conflicts of interest before accepting any new engagement.
In 1996, NY adopted DR 5-105(E), a new paragraph of New York’s main rule
governing conflicts of interest. DR 5-105(E) contains three sentences
(which I set off here in bullets to make the rule easier to read):
• “A law firm shall keep records of prior engagements, which records shall
be made at or near the time of such engagements and shall have a policy
implementing a system by which proposed engagements are checked against
current and previous engagements, so as to render effective assistance to
lawyers within the firm in complying with DR 5-105(D).”
• “Failure to keep records or to have a policy which complies with this
subdivision, whether or not a violation of DR 5-105(D) occurs, shall be a
violation by the firm.”
• “In cases in which a violation of this subdivision by the firm is a
substantial factor in causing a violation of DR 5-105(D) by a lawyer, the
firm, as well as the individual lawyer, shall also be responsible for the
violation of DR 5 105(D).”
The rule thus embodies two separate obligations. Law firms must:
1. Make and keep contemporaneous records of prior engagements at or near
the time of such engagements
2. Have a policy implementing a system for checking proposed engagements
against current and previous engagements.
xNY.io - Bank.org would like to check for conflicts of our interest
concerning FTX's asset sale and New York State's regulator who is
overseeing Trusts holding FTX assets.
Participants, the Trust or the Sponsor may be required to comply with
FinCEN regulations, including those that would mandate the Authorized
Participant to implement anti-money laundering programs, make certain
reports to FinCEN and maintain certain records.
Similarly, the activities of an Authorized Participant, the Trust or the
Sponsor may require it to be licensed as a money transmitter or as a
digital asset business, such as under the New York State Department of
Financial Services’ BitLicense regulation.
Would you please be able to send us a confirmation of your DR 5-105 records
on FTX clearing xNY.io - Bank.org of any associated conflicts to FTX.
Thank you,
Gunnar
Gunnar Larson
xNY.io - Bank.org
917-580-8053
This email is confidential and subject to important disclaimers and
conditions, including those regarding confidentiality, legal privilege and
certain legal entity disclaimers, available at
https://www.kroll.com/disclosure. Our Privacy Policy is available at
https://www.kroll.com/en/privacy-policy.
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