FTX collapse takes Galois Capital down, SEC settles charges for misleading investors and custody failures
- SEC announces settled charges against Galois Capital for custody failure and crypto assets being offered and sold as securities.
- Galois Capital held crypto assets in trading platforms, including bankrupt FTX exchange, that is not a qualified custodian.
- The firm settled charges without admitting or denying SEC charges for a $225,000 civil penalty, per SEC press release.
Securities & Exchange Commission (SEC) published a press release announcing settled charges against a former registered investment advisor Galois Capital Management LLC. The US financial regulator charged the firm for custody failure and the offer and sale of crypto assets as securities.
Galois Capital’s official X account tweeted about SEC’s actions and said that the firm had used Fireblocks, a non-qualified custodian and informed the regulator about the same in a filing.
SEC files settled charges against Galois Capital
SEC press release dated September 3 shows that the US financial regulator charged Galois Capital for failure to comply with requirements related to the safeguarding of client assets. The firm was held liable for “offering and selling crypto assets as securities.”
SEC mentions that bankrupt FTX exchange is among the crypto trading platforms used as custodians by the firm. The regulator alleges that Galois misled investors about the redemption period and allowed some to obtain their funds within five business days while others waited excessively longer.
In the FTX collapse of November 2022, Galois Capital’s investors lost nearly half of their crypto assets and holding funds with a non-custodian, exposing users to higher risk and resulting in higher losses.
A civil penalty of $225,000 was imposed on Galois Capital. The funds will be used to settle the SEC charges and distributed to investors who were harmed in the process.
Galois Capital slams SEC, says no good deed goes unpunished
The former investment adviser firm explains in an official tweet thread on X, that investors were “allowed out of the fund earlier if they didn’t want to be there,” and said that the SEC’s actions meant, “no good deed goes unpunished.”
Even as the firm faces civil penalty for using a firm that was a non-custodian, Galois Capital believes that Fireblocks was the best solution for their needs at the time and it was the safest way to secure crypto for investors. The firm shared details of their use of Fireblocks for the custody of user funds, in Form ADV filing with the SEC.
After an exhaustive and costly investigation of nearly two years, and without admitting or denying the findings detailed in the SEC’s order, we agreed to settle with the SEC and pay a $225,000 penalty which will go directly to our investors.
— Galois Capital (@Galois_Capital) September 3, 2024
Author
Ekta Mourya
FXStreet
Ekta Mourya has extensive experience in fundamental and on-chain analysis, particularly focused on impact of macroeconomics and central bank policies on cryptocurrencies.
