South Korea considers permanent crypto investigative unit

FTX Opts Out of Plan to Sell off FTX JapanThe FTX Debtor that was brought in to manage the bankrupt estate of the failed FTX cryptocurrency exchange has decided to not follow through with a plan to sell off the Japanese business.That’s according to a report by Nikkei on Thursday. In November 2022 a new management team was brought in to restructure the FTX business immediately following the business having filed for Chapter 11 bankruptcy in the courts in Delaware in the United States.Photo by Jezael Melgoza on UnsplashOptimizing value for creditorsThe original plan was to look to sell off subsidiary companies within the group such as FTX Japan, FTX Turkey, and FTX Europe. Those plans have now at the very least been delayed. Nikkei cited an FTX executive who claimed that it’s not so much that plans have been delayed but rather that the FTX Debtor has identified another approach that will likely optimize value for creditors.“They hope to increase the price by selling the entire group, rather than selling subsidiaries in various regions,” Nikkei’s FTX source stated.Rebooting the exchangeThe response from creditors to this news has been largely positive. While the notion of a rebooted FTX business has proven to be controversial within the crypto space, most creditors recognize that the business can provide much greater value for them if it is restarted internationally.Global investment banking firm Perella Weinberg Partners (PWP) was brought in by the FTX Debtor in November 2022 to carry out a strategic review of the assets held by the FTX group. In a recent bankruptcy court hearing in Delaware, one of its partners stated that they are currently in the process of inviting bids from interested parties.At that time, PWP indicated that the Debtor was looking to revive the international FTX business. That would likely mean an entity headquartered outside the United States. It remains to be seen what will happen in the case of the FTX US business. Due to an unwelcoming regulatory approach in the US right now, setting up a crypto business there is seen as having additional risk factors.Asian interestA number of weeks ago, the Debtor filed a list of interested parties. The list included a number of high-profile Asian companies, although it’s not clear if their interest lies in the business in its entirety or specific FTX assets.Among them was Japanese telecoms firm Docomo. Tokyo-headquartered global financial services company Nomura also featured. Japan’s largest Ecommerce company, Rakuten, also signed a letter of intent in expressing its interest. FTX Japan had attracted 41 bidders. It’s being speculated that some of these Japanese entities will now bid on the entire business or join consortiums who will do so.FTX Japan solventCreditors of FTX Japan have fared much better than their international counterparts. In the wake of the collapse of the Mt.Gox cryptocurrency exchange in 2014, the Japanese authorities set to work on providing greater protections for customers. As a consequence, FTX Japan was required to ring-fence customer funds. For that reason, Japanese customers have already been given access to their funds.In a recent exchange on Twitter, well-known American investor Mark Cuban pointed out that Japanese regulators had been successful in protecting FTX investors in Japan. Cuban made the point to former US Securities and Exchange Commission (SEC) regulator John Reed Stark, underscoring the failure of US regulators in doing so.

Accused of one of the world's largest cryptocurrency scams, Andreas Szakacs, a Swedish national who became a Turkish citizen under the name Emre Avcı, was detained in Istanbul. The alleged international fraud scheme, led by Szakacs, began in 2019 under the guise of OmegaPro, a company dealing in forex and cryptocurrency trading. OmegaPro claimed to generate significant profits for its investors through complex financial algorithms and high-risk leveraged trading. The company, registered in opaque jurisdictions like Saint Vincent and the Grenadines and headquartered in Dubai, promised returns as high as 300% within 16 months, attracting investors from across the globe. High-profile endorsements and lavish eventsTo bolster credibility, Szakacs and his partners, including well-known figures in the finance and crypto sectors like Dilawar Singh and Mike Sims, organized extravagant events. These included the OmegaPro Legends Cup, a football tournament featuring former stars like Ronaldinho, Kaka and Iker Casillas, who were branded as OmegaPro ambassadors. The company also sponsored car races and held opulent conferences in luxury hotels, where gifts and prizes were distributed to participants, further enticing new investors. OmegaPro's operations spanned multiple continents, with representatives in countries such as Colombia, Mexico, the UK and Nigeria. Over time, the company claimed to have attracted 1.5 million investors. However, in late 2022, as withdrawals were suddenly halted, suspicions grew. By July 2023, the company had shut down, leaving an estimated three million investors defrauded and $4 billion unaccounted for.Photo by Xiaoyi Huang on UnsplashAs OmegaPro collapsed, investors from around the world began filing complaints. In France alone, over 1,500 victims have initiated a class-action lawsuit. Similar legal actions have been reported in countries including Mexico, Congo and Myanmar. Despite multiple investigations, the whereabouts of Szakacs and his partners remained unknown—until recently. A tip-off leads to arrest in IstanbulThe breakthrough came on June 28, when an anonymous informant tipped off Turkish authorities about Szakacs' presence in a luxury villa in Istanbul's Acarkent neighborhood. Following an investigation, the Istanbul Gendarmerie identified 18 complainants connected to OmegaPro. On July 9, Szakacs was arrested in a raid on the villa, where authorities found 32 cold wallets containing cryptocurrencies, along with extensive documentation related to OmegaPro’s operations. During questioning, Szakacs denied all allegations, claiming that OmegaPro was a legitimate business that went bankrupt in late 2022, resulting in significant losses for him and his partners. He also refused to provide access to the cold wallets and the encrypted data on his devices. Despite his defense, Szakacs was charged with fraud using information systems and detained by the Beykoz Criminal Court of Peace on July 10. Ongoing legal battles and future implicationsAs the investigation continues, authorities are scrutinizing Szakacs' digital transactions, which reportedly involve $160 million in movements over a single month. His legal team argues that investors knowingly took on risks in the forex market, but the sheer scale of the losses—especially the $103 million claimed by a Dutch complainant representing 3,000 victims—has intensified the case. The outcome of this case could set a precedent for how international crypto-related fraud is handled, particularly in an era where digital currencies and high-risk investments are increasingly intertwined. 

Taiwan Advances Crypto Regulation with Initial Reading of Digital Asset BillTaiwan has furthered its efforts on the path of digital asset regulation, as the nation’s legislature introduced a cryptocurrency bill for its inaugural reading.The “Virtual Asset Management Ordinance Draft” bill represents a significant stride toward establishing a legal framework for digital assets in the country. The proposal passed its first reading at the Taiwanese state legislature, according to published parliamentary records.Photo by Ethan Lin on UnsplashBill objectivesThe primary objectives of the bill are to define virtual assets, establish operational standards for asset operators, enhance customer protection, and make it mandatory for industry players to join relevant associations and secure regulatory permissions.Up until now, Taiwan has maintained a relatively hands-off approach to the cryptocurrency sector. Its oversight was limited to existing know-your-customer (KYC) and anti-money laundering (AML) laws. However, this stance evolved following the collapse of the cryptocurrency exchange FTX in November. The platform’s popularity among Taiwanese users, owing to favorable US dollar interest rates compared to local banks, led to increased regulatory scrutiny.A member of Taiwan’s parliament, Yung-Chang Chiang, told The Block that “after the first reading of the bill, discussions on the regulatory framework for the virtual asset industry have progressed to the next stage.” Chiang added:“We hope that the Financial Supervisory Commission can also submit their version of a draft bill to the legislature, allowing various sectors of society to further consolidate consensus during the process.”In contrast to cryptocurrency regulations in neighboring Hong Kong, Taiwan’s bill does not adopt a strong stance on derivatives or stablecoins. Nevertheless, it recognizes that derivatives linked to virtual assets possess unique characteristics, with a specific mention of perpetual contracts. This recognition opens the door for the possibility of cryptocurrency derivative-specific regulation in future drafts.Importantly, the bill does not restrict the trading of virtual assets to professional investors, which allows broader participation in the digital asset market.Auditing and segregation of fundsUnlike Japan, which mandates the use of custodians for locally licensed exchanges, the draft bill in Taiwan only necessitates the segregation of customer assets from business funds. It does not explicitly require the involvement of third-party custodians.Under this legislation, exchange operators will be obliged to commission periodic reports from accountants regarding their operations and asset management. Additionally, regulators, such as the Financial Supervisory Commission (FSC), will have the authority to conduct regular inspections of exchange internal control and audit systems.Although this initial draft does not explicitly mention “Proof of Reserves,” it does indicate that the regulator will establish standards for asset ratios after consulting with industry stakeholders, with the expectation that licensed exchanges will adhere to these standards.Fostering self regulationTaiwan’s crypto industry stakeholders have expressed their support for formal regulatory oversight. Wayne Huang, co-founder and CEO of Taipei-based fintech company XREX, recently affirmed the industry’s willingness to collaborate with the FSC in defining regulatory operations.In tandem with the establishment of a regulatory framework, regulators have indicated that they want industry stakeholders to move towards some level of self-regulation. That led nine exchange businesses to form an industry association last month.The bill’s second reading is pending, and the FSC is anticipated to provide its input and recommendations before the next phase of the legislative process.