The US Securities and Exchange Commission (SEC) has announced a settlement with troubled crypto hedge fund Galois Capital. The SEC charged Galois with failing to meet critical requirements for safeguarding customer assets, including those the agency stated were “securities”.
FTX Costs Galois Capital Half Of Managed Assets
According to the SEC’s announcement on Tuesday, Galois Capital’s missteps began in July 2022 when the firm allegedly did not ensure that certain crypto assets held by its private fund were maintained with a qualified custodian, violating the Investment Advisers Act’s Custody Rule.
Instead, the agency claims that the crypto company kept these assets in online trading accounts on platforms like FTX Trading, which were not recognized as “qualified custodians.”
The fallout from this decision was significant. Following the collapse of FTX in November 2022, approximately half of the assets under Galois’s management were lost.
Settlement Reached
The SEC also alleged on Tuesday’s announcement that Galois misled its investors about the notice required for redemptions.
Some investors were told that they had to provide at least five business days’ notice before the end of the month. In contrast, others were allowed to redeem their investments with less notice, which the SEC said “created an uneven playing field among fund participants.” Corey Schuster, co-chief of the SEC Enforcement Division’s Asset Management Unit, said:
By failing to comply with Custody Rule provisions, Galois Capital exposed investors to risks that fund assets, including crypto assets, could be lost, misused, or misappropriated.
As part of the settlement, Galois Capital has agreed to pay a civil penalty of $225,000, which will be distributed to investors who suffered losses due to the firm’s actions.
The company has also consented to an order requiring it to cease any further violations of the Advisers Act, while neither admitting nor denying the SEC’s findings.
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