Thursday, November 23, 2023

REIFICATIONPOSTMODERN SERFS
OpenAI staff are putting their visas at risk to get Sam Altman back as CEO


Tom Carter
Tue, November 21, 2023

OpenAI CEO Sam Altman was fired by the company's board on Friday.Justin Sullivan/Getty Images

700 OpenAI employees have signed a letter threatening to quit if Sam Altman isn't reinstated as CEO.


Some of them say they are on work-dependent visas, which they could lose if they are forced to quit.


It's a sign of how much loyalty Altman has inspired among staff.


OpenAI's employees are calling on the company's board to bring back Sam Altman — and some are even willing to put their visas at risk to get him back as CEO.

A number of OpenAI employees say they have signed a letter threatening to quit if Sam Altman is not brought back as CEO despite being on work-related visas, meaning they could lose the right to remain in the US should they resign.

As of Monday evening, over 700 of OpenAI's 770 employees had signed the letter threatening to quit and join Altman at Microsoft if the AI startup's board does not reinstate him as CEO and resign.

That includes senior figures such as CTO Mira Murati and chief scientist Ilya Sutskever — who had a change of heart after initially backing the board coup against Altman.

"I am on an H-1B, in the process of getting my green card and relocating my family to the US," said OpenAI technical staffer Reiichiro Nakano in a post on X.

"Me and many other colleagues in a similar situation have signed this letter. I do not know what will happen next, but I am confident we will be taken care of. The board should resign," he said.

Boris Power, OpenAI's head of applied research, also posted on X that he risked losing his visa should he quit the company.

"I'm on a research visa too that I will lose if I resign. These are details — onwards with the mission!" he said.

OpenAI's employees have publicly backed Altman to the hilt since he was unexpectedly fired by the company's board on Friday, posting coordinated messages on social media and reportedly refusing to attend an all-hands hosted by new boss Emmett Shear.

A number of senior OpenAI employees are already expected to follow Altman and ex-OpenAI president Greg Brockman to Microsoft.

Altman has also hinted that workers who choose to resign from OpenAI will be welcomed into the new AI team he is heading up at Microsoft, posting on X that "we are all going to work together some way or other, and I'm so excited."

In the letter to the board calling for its resignation, OpenAI's employees said that Microsoft "assured us there are positions for all OpenAI employees" at the company — although sources told Business Insider that these assurances were strictly verbal and not set in stone.

But Microsoft boss Satya Nadella said in a conversation with tech journalist Kara Swisher on an episode of her podcast that aired on Monday that it would "definitely have a place for all AI talent."

OpenAI did not immediately respond to a request for comment from Business Insider, made outside normal working hours.


OpenAI Engineers Earning $800,000 a Year Turn Rare Skillset Into Leverage

Jo Constantz
Wed, November 22, 2023 



(Bloomberg) -- OpenAI reinstated Chief Executive Officer Sam Altman after hundreds of workers threatened to quit over the ChatGPT creator's ouster, highlighting just how much leverage the tech industry's most valued workers hold right now.

Artificial intelligence engineers earn anywhere from 8% to 12.5% more than their non-AI counterparts, according to an analysis by compensation data platform Levels.fyi published in May.

The most common salary range for an engineering job listed on OpenAI’s website is $200,000 to $370,000, though a handful of more specialized roles advertise ranges from $300,000 to $450,000, said Roger Lee, co-founder of compensation benchmarking firm Comprehensive.io. Salary ranges don’t include bonuses or stock awards, which can bring an annual salary of $300,000 closer to $800,000 in total compensation, according to Levels.fyi.

In an industry where talent is the scarcest resource, the kind of exodus threated at OpenAI would have been catastrophic. “For emerging technologies like AI, you only have a very small, small group of people who are experienced. They are the product, they are the company,” said Julia Pollak, chief economist at job site ZipRecruiter.

That put OpenAI employees in an unusually powerful position to exert direct pressure on the company’s board.

“The supply constraint is a very real, binding one, especially in the short- to medium-term,” she said. “You can’t easily train these people, you can’t easily recruit them from elsewhere. Retaining the ones you’ve got is the most important strategy.”

As for recruiting from universities, there’s a big difference between understanding AI models on a theoretical level and having the skills and experience to actually apply them. OpenAI’s highly specialized software systems also makes its current developers even more valuable.

“It takes a long time to learn an actual company’s code and tech stack. An AI engineer inside the company is worth three AI engineers from outside the company, given that dynamic,” Pollak said.

OpenAI staff already had job offers waiting. Before Altman was reinstated, Microsoft Corp. said they would be welcome to join its new AI research lab. Microsoft has a roughly 49% stake in OpenAI.

Exclusive-OpenAI researchers warned board of AI breakthrough ahead of CEO ouster, sources say

Wed, November 22, 2023
By Anna Tong, Jeffrey Dastin and Krystal Hu

(Reuters) -Ahead of OpenAI CEO Sam Altman’s four days in exile, several staff researchers wrote a letter to the board of directors warning of a powerful artificial intelligence discovery that they said could threaten humanity, two people familiar with the matter told Reuters.

The previously unreported letter and AI algorithm were key developments before the board's ouster of Altman, the poster child of generative AI, the two sources said. Prior to his triumphant return late Tuesday, more than 700 employees had threatened to quit and join backer Microsoft in solidarity with their fired leader.

The sources cited the letter as one factor among a longer list of grievances by the board leading to Altman's firing, among which were concerns over commercializing advances before understanding the consequences. Reuters was unable to review a copy of the letter. The staff who wrote the letter did not respond to requests for comment.

After being contacted by Reuters, OpenAI, which declined to comment, acknowledged in an internal message to staffers a project called Q* and a letter to the board before the weekend's events, one of the people said. An OpenAI spokesperson said that the message, sent by long-time executive Mira Murati, alerted staff to certain media stories without commenting on their accuracy.

Some at OpenAI believe Q* (pronounced Q-Star) could be a breakthrough in the startup's search for what's known as artificial general intelligence (AGI), one of the people told Reuters. OpenAI defines AGI as autonomous systems that surpass humans in most economically valuable tasks.

Given vast computing resources, the new model was able to solve certain mathematical problems, the person said on condition of anonymity because the individual was not authorized to speak on behalf of the company. Though only performing math on the level of grade-school students, acing such tests made researchers very optimistic about Q*’s future success, the source said.

Reuters could not independently verify the capabilities of Q* claimed by the researchers.

'VEIL OF IGNORANCE'


Researchers consider math to be a frontier of generative AI development. Currently, generative AI is good at writing and language translation by statistically predicting the next word, and answers to the same question can vary widely. But conquering the ability to do math — where there is only one right answer — implies AI would have greater reasoning capabilities resembling human intelligence. This could be applied to novel scientific research, for instance, AI researchers believe.

Unlike a calculator that can solve a limited number of operations, AGI can generalize, learn and comprehend.

In their letter to the board, researchers flagged AI’s prowess and potential danger, the sources said without specifying the exact safety concerns noted in the letter. There has long been discussion among computer scientists about the danger posed by highly intelligent machines, for instance if they might decide that the destruction of humanity was in their interest.

Researchers have also flagged work by an "AI scientist" team, the existence of which multiple sources confirmed. The group, formed by combining earlier "Code Gen" and "Math Gen" teams, was exploring how to optimize existing AI models to improve their reasoning and eventually perform scientific work, one of the people said.

Altman led efforts to make ChatGPT one of the fastest growing software applications in history and drew investment - and computing resources - necessary from Microsoft to get closer to AGI.

In addition to announcing a slew of new tools in a demonstration this month, Altman last week teased at a summit of world leaders in San Francisco that he believed major advances were in sight.

"Four times now in the history of OpenAI, the most recent time was just in the last couple weeks, I've gotten to be in the room, when we sort of push the veil of ignorance back and the frontier of discovery forward, and getting to do that is the professional honor of a lifetime," he said at the Asia-Pacific Economic Cooperation summit.

A day later, the board fired Altman.

(Anna Tong and Jeffrey Dastin in San Francisco and Krystal Hu in New York; Editing by Kenneth Li and Lisa Shumaker)

WHO IS THE OPENAI BOARD
Sissi Cao
Tue, November 21, 2023 

From left to right: Ilya Sutskever, Tasha McCauley, Adam D’Angelo and Helen Toner.

After a weekend of boardroom drama at OpenAI, the fate of its cofounder and ousted CEO Sam Altman is still undecided. Although Altman—along with his cofounder and former OpenAI president Greg Brockman—have accepted new jobs at Microsoft (MSFT), the move isn’t a done deal and Altman is still hoping to get his old job back, The Verge reported yesterday (Nov. 20). Top OpenAI investors are also pushing the company’s board to reinstate Altman as CEO, the Wall Street Journal reported today (Nov. 21)

Due to OpenAI’s unusual structure as a capped profit arm under a nonprofit organization, the company’s board has total control over matters like CEO appointment, even though the majority of the board don’t actually work at the company. Microsoft, which has invested $13 billion in OpenAI and owns about half of the company, has no say in corporate governance.

At the center of the ongoing crisis is OpenAI’s chief scientist Ilya Sutskever, a board member who voted to oust Altman last week but now says he regrets the decision. Over the weekend, he cosigned a letter to OpenAI’s four-person board, threatening to leave the company unless Altman is reinstated. The letter has been signed by more than 700 of OpenAI’s approximately 770 employees.

The Verge reported Altman and Brockman are willing to return to OpenAI if the remaining three board members step aside.

Who’s on OpenAI’s all-powerful board?

Atlman and Brockman both held seats on OpenAI’s board. After their exits last week, the board has four remaining members:

Ilya Sutskever, 37 or 38, is a computer scientist known for his contribution to the field of deep learning. He is one of inventors of AlexNet, a convolutional neural network architecture, and a co-author of the AlphaGo paper published in 2016. Sutskever was born in Russia and grew up in Israel, where he attended college before moving with his family to Canada.

Sutskever was a research scientist at Google Brain, an A.I. research unit of Google, from 2013 to 2015. In late 2015, Sutskever left Google to cofound OpenAI and serve as its chief scientist. He has been on the company’s board since 2015.

Adam D’Angelo, 39, is the cofounder and CEO of Quora, a question-and-answer social networking site. Before founding Quora in 2009, D’Angelo served as chief technology officer and head of engineering of Facebook, now Meta (META), from 2006 to 2008. While attending high school in the early 2000s, D’Angelo co-developed a music suggestion software called Synapse Media Player with his classmate Mark Zuckerberg, according to David Kirkpatrick’s 2010 book The Facebook Effect.

D’Angelo graduated from the California Institute of Technology in 2006 with a bachelor’s degree in Computer Science. He joined OpenAI’s board of directors in 2018.

Tasha McCauley is an adjunct senior management scientist at the think tank Rand Corporation, a job she started earlier this year, according to her LinkedIn profile. She is a cofounder of GeoSim Systems, a geospatial technology startup where she served as CEO until last year. In the early 2010s, McCauley was a teaching fellow in robotics and A.I. at Singularity University, which offers executive educational programs.

McCauley joined OpenAI’s board in 2018. She has been married to actor Joseph Gordon-Levitt since 2014.

Helen Toner is a director of strategy at Georgetown University’s Center for Security and Emerging Technology since 2018. Before that, Toner spent less than a year at the University of Oxford’s Center for the Governance of AI, according to her LinkedIn profile. Between 2015 and 2018, she was a research analyst at Open Philanthropy, a nonprofit cofounded by Facebook cofounder Dustin Moskovitz. Toner is the newest member of OpenAI’s board, joining in late 2021.

Why did the board insist on firing Altman?

OpenAI’s board fired Altman in a public announcement on Nov. 17 and reportedly gave little notice to the company’s management team, investors or Altman himself. Over the weekend, OpenAI’s leadership team pressed the board to explain what drove their abrupt decision but didn’t receive much of an answer, according to the Journal.

In a message to employees on Nov. 19, OpenAI’s board reaffirmed its decision to oust Altman and said their decision was “not about any singular incident” but because Altman has “lost the trust of the board of directors.”

Sources told the Journal one of the board’s concerns was Altman’s involvement in two outside business endeavors recently: a consumer hardware device he’s been building with Jony Ive, Apple’s former chief design officer, and an A.I. chip startup for which he’s been raising money.

AI poster child Altman back at OpenAI, may have fewer checks on power

Wed, November 22, 2023 
By Aditya Soni

(Reuters) - Sam Altman's return as OpenAI's chief executive will strengthen his grip on the startup and may leave the ChatGPT creator with fewer checks on his power as the company introduces technology that could upend industries, corporate governance experts and analysts said.

OpenAI is bringing Altman back just days after his ouster as well as installing a revamped board that could bring sharper scrutiny to the startup at the heart of the AI boom, but strong support from investors including Microsoft may give Altman more leeway to commercialize the technology.

"Sam's return may put an end to the turmoil on the surface, but there may continue to be deep governance issues," said Mak Yuen Teen, director of the centre for investor protection at the National University of Singapore Business School.

"Altman seems awfully powerful and it is unclear that any board would be able to oversee him. The danger is the board becomes a rubber stamp," he said.

OpenAI's new board will boast more experience at the top level and strong ties to both the U.S. government and Wall Street.

The board fired Altman last week with little explanation and attempted to move on by naming an interim CEO twice. However, pressure from Microsoft — and the 38-year-old's strong loyalty among the 700-plus OpenAI employees that caused nearly all of them to threaten to leave the company — led to Altman's reinstatement as of Wednesday.

"Altman has been invigorated by the last few days," GlobalData analyst Beatriz Valle said. But that could come at a cost, she said, adding that he has "too much power now."


Bret Taylor, former co-CEO of Salesforce who also played a key role in forcing through Elon Musk's $44 billion purchase of Twitter as a director, will be chairing the board.

Other members include former U.S. Treasury Secretary Larry Summers, a Harvard academic and longtime economic aide to Democratic presidents.

"The fact that Summers and Taylor will join OpenAI is quite extraordinary and marks a dramatic reversal of fortunes in the company," Valle said.

Summers, who also sits on the board of Jack Dorsey's fintech firm Block, has in recent months been vocal about the potential job losses and disruption that could be caused by AI.

"ChatGPT is coming for the cognitive class. It's going to replace what doctors do," he said in a post on X in April.

Larry Summers in 2022. REUTERS/Brendan McDermid (Brendan McDermid / reuters)

OpenAI's previous board consisted of entrepreneur Tasha McCauley, Helen Toner, director of strategy at Georgetown's Center for Security and Emerging Technology, OpenAI chief scientist Ilya Sutskever, as well as Quora CEO Adam D'Angelo, who also sits on the new board.

It was not immediately clear if any of the other directors would remain, including Sutskever, who joined in the effort to fire Altman then signed onto an employee letter demanding his return, expressing regret for her "participation in the board's actions."

OpenAI on X said it was "collaborating to figure out the details" of the new board.

Microsoft declined to comment. Summers and OpenAI did not immediately respond to requests for comment. Sutskever, Altman and Taylor could not be immediately reached for comment.

Some analysts say the management fiasco will ensure that OpenAI executives proceed cautiously, as the high-flying startup will now be subject to more scrutiny. Several noted that companies such as Facebook parent Meta have flourished with a powerful CEO despite concerns about corporate governance.

"Sam definitely comes out stronger but also dirtied and will have more of a microscope from the AI and broader tech and business community," Gartner analyst Jason Wong said. "He can no longer do no wrong."

(Reporting by Aditya Soni in Bengaluru; Editing by Mark Porter)


OpenAI, emerging from the ashes, has a lot to prove even with Sam Altman's return

Kyle Wiggers
Wed, November 22, 2023 

Darrell Etherington with files from Getty under license

The OpenAI power struggle that captivated the tech world after co-founder Sam Altman was fired has finally reached its end -- at least for the time being. But what to make of it?

It feels almost as though some eulogizing is called for -- like OpenAI died and a new, but not necessarily improved, startup stands in its midst. Ex-Y Combinator president Altman is back at the helm, but is his return justified? OpenAI's new board of directors is getting off to a less diverse start (i.e. it's entirely white and male), and the company's founding philanthropic aims are in jeopardy of being co-opted by more capitalist interests.

That's not to suggest that the old OpenAI was perfect by any stretch.

As of Friday morning, OpenAI had a six-person board -- Altman, OpenAI chief scientist Ilya Sutskever, OpenAI president Greg Brockman, tech entrepreneur Tasha McCauley, Quora CEO Adam D'Angelo and Helen Toner, director at Georgetown’s Center for Security and Emerging Technologies. The board was technically tied to a nonprofit that had a majority stake in OpenAI's for-profit side, with absolute decision-making power over the for-profit OpenAI's activities, investments and overall direction.

OpenAI's unusual structure was established by the company's co-founders, including Altman, with the best of intentions. The nonprofit's exceptionally brief (500-word) charter outlines that the board make decisions ensuring "that artificial general intelligence benefits all humanity," leaving it to the board's members to decide how best to interpret that. Neither "profit" nor "revenue" get a mention in this North Star document; Toner reportedly once told Altman's executive team that triggering OpenAI's collapse "would actually be consistent with the [nonprofit's] mission."

Maybe the arrangement would have worked in some parallel universe; for years, it appeared to work well enough at OpenAI. But once investors and powerful partners got involved, things became... trickier.

Altman's firing unites Microsoft, OpenAI's employees

After the board abruptly canned Altman on Friday without notifying just about anyone, including the bulk of OpenAI's 770-person workforce, the startup's backers began voicing their discontent in both private and public.

Satya Nadella, the CEO of Microsoft, a major OpenAI collaborator, was allegedly “furious” to learn of Altman’s departure. Vinod Khosla, the founder of Khosla Ventures, another OpenAI backer, said on X (formerly Twitter) that the fund wanted Altman back. Meanwhile, Thrive Capital, the aforementioned Khosla Ventures, Tiger Global Management and Sequoia Capital were said to be contemplating legal action against the board if negotiations over the weekend to reinstate Altman didn't go their way.

Now, OpenAI employees weren't unaligned with these investors from outside appearances. On the contrary, close to all of them -- including Sutskever, in an apparent change of heart -- signed a letter threatening the board with mass resignation if they opted not to reverse course. But one must consider that these OpenAI employees had a lot to lose should OpenAI crumble -- job offers from Microsoft and Salesforce aside.

OpenAI had been in discussions, led by Thrive, to possibly sell employee shares in a move that would have boosted the company's valuation from $29 billion to somewhere between $80 billion and $90 billion. Altman's sudden exit -- and OpenAI's rotating cast of questionable interim CEOs -- gave Thrive cold feet, putting the sale in jeopardy.

Altman won the five-day battle, but at what cost?

But now after several breathless, hair-pulling days, some form of resolution's been reached. Altman -- along with Brockman, who resigned on Friday in protest over the board's decision -- is back, albeit subject to a background investigation into the concerns that precipitated his removal. OpenAI has a new transitionary board, satisfying one of Altman's demands. And OpenAI will reportedly retain its structure, with investors' profits capped and the board free to make decisions that aren't revenue-driven.

Salesforce CEO Marc Benioff posted on X that "the good guys" won. But that might be premature to say.

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Sure, Altman "won," besting a board that accused him of "not [being] consistently candid" with board members and, according to some reporting, putting growth over mission. In one example of this alleged rogueness, Altman was said to have been critical of Toner over a paper she co-authored that cast OpenAI's approach to safety in a critical light -- to the point where he attempted to push her off the board. In another, Altman "infuriated" Sutskever by rushing the launch of AI-powered features at OpenAI's first developer conference.

The board didn't explain themselves even after repeated chances, citing possible legal challenges. And it's safe to say that they dismissed Altman in an unnecessarily histrionic way. But it can't be denied that the directors might have had valid reasons for letting Altman go, at least depending on how they interpreted their humanistic directive.

The new board seems likely to interpret that directive differently.

Currently, OpenAI's board consists of former Salesforce co-CEO Bret Taylor, D'Angelo (the only holdover from the original board) and Larry Summers, the economist and former Harvard president. Taylor is an entrepreneur's entrepreneur, having co-founded numerous companies, including FriendFeed (acquired by Facebook) and Quip (through whose acquisition he came to Salesforce). Meanwhile, Summers has deep business and government connections -- an asset to OpenAI, the thinking around his selection probably went, at a time when regulatory scrutiny of AI is intensifying.

The directors don't seem like an outright "win" to this reporter, though -- not if diverse viewpoints were the intention. While six seats have yet to be filled, the initial four set a rather homogenous tone; such a board would in fact be illegal in Europe, which mandates companies reserve at least 40% of their board seats for women candidates.

Why some AI experts are worried about OpenAI's new board

I'm not the only one who's disappointed. A number of AI academics turned to X to air their frustrations earlier today.

Noah Giansiracusa, a math professor at Bentley University and the author of a book on social media recommendation algorithms, takes issue both with the board's all-male makeup and the nomination of Summers, who he notes has a history of making unflattering remarks about women.

"Whatever one makes of these incidents, the optics are not good, to say the least -- particularly for a company that has been leading the way on AI development and reshaping the world we live in," Giansiracusa said via text. "What I find particularly troubling is that OpenAI's main aim is developing artificial general intelligence that 'benefits all of humanity.' Since half of humanity are women, the recent events don't give me a ton of confidence about this. Toner most directly representatives the safety side of AI, and this has so often been the position women have been placed in, throughout history but especially in tech: protecting society from great harms while the men get the credit for innovating and ruling the world."

Christopher Manning, the director of Sanford's AI Lab, is slightly more charitable than -- but in agreement with -- Giansiracusa in his assessment:

"The newly formed OpenAI board is presumably still incomplete," he told TechCrunch. "Nevertheless, the current board membership, lacking anyone with deep knowledge about responsible use of AI in human society and comprising only white males, is not a promising start for such an important and influential AI company."

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Inequity plagues the AI industry, from the annotators who label the data used to train generative AI models to the harmful biases that often emerge in those trained models, including OpenAI's models. Summers, to be fair, has expressed concern over AI's possibly harmful ramifications -- at least as they relate to livelihoods. But the critics I spoke with find it difficult to believe that a board like OpenAI's present one will consistently prioritize these challenges, at least not in the way that a more diverse board would.

It raises the question: Why didn't OpenAI attempt to recruit a well-known AI ethicist like Timnit Gebru or Margaret Mitchell for the initial board? Were they "not available"? Did they decline? Or did OpenAI not make an effort in the first place? Perhaps we'll never know.

OpenAI has a chance to prove itself wiser and worldlier in selecting the five remaining board seats -- or three, should Altman and a Microsoft executive take one each (as has been rumored). If they don't go a more diverse way, what Daniel Colson, the director of the think tank the AI Policy Institute, said on X may well be true: a few people or a single lab can't be trusted with ensuring AI is developed responsibly.

Inside the Coups and Concessions That Brought Altman Back to OpenAI

Shirin Ghaffary, Rachel Metz and Emily Chang
Wed, November 22, 2023 


(Bloomberg) -- The braintrust that turned OpenAI into the world’s best-known artificial intelligence startup huddled at Sam Altman’s home in San Francisco on Tuesday for another day of fighting with the company’s board to reinstate him as the chief executive officer in what had already become one of the most dramatic corporate power struggles in Silicon Valley history.“Still working on it…,” Mira Murati, OpenAI’s chief technology officer and very briefly its interim CEO, wrote in a Slack message on Tuesday to the entire company, which was viewed by Bloomberg News. She included a picture of her and other top executives sitting in a semi-circle at Altman’s home, with the ousted CEO wearing bright green sweatpants and staring intently at his screen. The photo received hundreds of supportive emoji reactions from employees who had spent the previous five days uncertain about their jobs, their equity and the direction of the company.

Late on Tuesday, employees finally got an answer. OpenAI announced that it had reached an agreement for Altman to return as CEO alongside an overhauled board led by Bret Taylor, a former co-CEO of Salesforce Inc. The other directors on the initial board are Larry Summers, the former US Treasury Secretary, and existing member Adam D’Angelo, the co-founder and CEO of Quora Inc. “We are collaborating to figure out the details,” OpenAI said in a post on X, formerly Twitter.Dozens of people still in OpenAI's San Francisco offices cheered and celebrated, according to a person who was there. On OpenAI's company Slack, employees rejoiced in reaction to a message posted by Murati, which said the company will "get back to work" on Monday. An impromptu party soon followed.Despite the palpable sense of relief, and the intention to return to business as usual, quite a few details remain unresolved. The final makeup of the board has not been set and there’s still little clarification on what specifically prompted the board to oust Altman in the first place. OpenAI will also have to confront a new reputation as a dysfunctional company that happens to be developing very powerful — and, to some, frightening — technology. But for now, Altman’s return pulls one of the most influential, and highly valued, startups back from the brink.

OpenAI transformed how the public thinks about AI a year ago with the launch of its hugely successful chatbot, ChatGPT, and turned Altman into the face of the artificial intelligence industry. But he was fired by the board after disagreements with members over how quickly to develop and commercialize generative AI, people with knowledge of the matter have said. His firing shocked investors and prompted nearly all employees to threaten to quit and follow Altman to Microsoft Corp., OpenAI’s biggest backer, which had agreed to hire him to head a new in-house AI unit.

OpenAI’s board largely refused to engage with Altman following his firing on Friday, despite the immense pressure to reinstate him. Instead, the board named Twitch co-founder and former chief Emmett Shear its second interim CEO on Sunday night, after Murati advocated in favor of Altman returning to the company. Later that night, Ilya Sutskever, the company’s chief scientist and board member, joined Shear in attempting to corral OpenAI employees for a meeting at its San Francisco headquarters, but hardly anyone showed up, according to a person familiar with the matter who asked not to be named discussing private information.As of Tuesday – after more than 700 of OpenAI’s 770 employees had signed a letter threatening to quit – Altman was back in discussions with board member D’Angelo, said people with knowledge of the matter. (Sutskever was among the employees who signed the letter, after expressing “regret” for his “participation in the board’s actions.”)The negotiating parties made key concessions in order to reach an agreement, people familiar with the matter said. Altman agreed not to join the initial board, people said, though some expect he will become a director eventually. The parties also agreed to an independent investigation into Altman and the events surrounding his ouster, people said.

Shear’s decision to join the deliberations was also critical to reaching a deal, one person said. Shear had been vocal about the existential risks of AI, a position that was compelling for the board directors at OpenAI, Bloomberg reported. “Coming into OpenAI, I wasn’t sure what the right path would be,” Shear wrote on X after Altman’s return was announced. “This was the pathway that maximized safety alongside doing right by all stakeholders involved.”As the parties worked to hammer out an agreement, they also had to contend with logistical issues. One board member was on a plane for several hours during negotiations and was out of communication, one person said. There was also a push to resolve the leadership chaos before Thanksgiving, people said, in the hope that employees wouldn’t spend the holiday with uncertainty looming about the state of their jobs.Many workers had more than their jobs on the line. The company was set to orchestrate the sale of employee shares to investors at a valuation of $86 billion, but those plans had been jeopardized by the leadership upheaval. Some people at the company stood to make millions in the deal, which wouldn’t happen if more than 90% of OpenAI’s staff quit. (The tender offer, which was set to be led by Thrive Capital, is now back on track, according to people familiar with the matter.)One competing AI company said that it had fielded multiple nervous inquiries from OpenAI employees asking about potential jobs, according to a person who asked not to be identified discussing private overtures. Several tech executives, such as Salesforce CEO Marc Benioff, made it clear on social media that they’d be happy to have them. And some rival AI companies experienced an uptick in demand from customers.Hours before an agreement was announced on Tuesday, an OpenAI executive encouraged employees to “get back to shipping” products. Employees, who have this week off, were told they could also expense pizza. “To call this a challenging last few days would be an understatement,” a company vice president, Peter Deng, wrote in a message on Slack and viewed by Bloomberg News. He stressed that the company was committed to its mission. “Raise a slice and share a photo in the thread so we can enjoy this moment together.”After Altman’s return was announced, OpenAI’s General Counsel Che Chang invited employees to the office for a “quick celebration” with Altman, according to a Slack message. By Wednesday morning, however, the celebrations had died down. Employees were exhausted from the days-long saga, one person said, and most were going into “Thanksgiving mode.”

--With assistance from Katie Roof, Edward Ludlow and Gillian Tan.
Bloomberg Businessweek

Sam Altman Wasn’t Ousted From OpenAI Due to ‘Malfeasance,’ COO Says

Altman's surprising exit 'was not made in response to malfeasance,' OpenAI's COO wrote in a memo to employees

Published 11/18/23
|Rocio Fabbr
Altman, the startup’s co-founder, revealed he was stepping down as CEO on Friday after making misleading statements to the startup’s board.
Joel Saget/AFP via Getty Images

OpenAI chief operating officer Brad Lightcap said Sam Altman’s departure as chief executive was due to a “breakdown in communication” between Altman and the company’s board of directors.

“We can say definitively that the board’s decision was not made in response to malfeasance or anything related to our financial, business, safety, or security/privacy practices,” Lightcap wrote in a memo sent to employees early Saturday, published by CNBC. “This was a breakdown in communication between Sam and the board. Our position as a company remains extremely strong, and Microsoft remains fully committed to our partnership.”

Lightcap wrote that the announcement of Altman’s departure “took us all by surprise” and that leadership has “had multiple conversations with the board to try to better understand the reasons and process behind their decision.”

Altman, the startup’s co-founder, revealed he was stepping down as CEO on Friday after making misleading statements to the startup's board.

Following a deliberative review process, the directors concluded that Altman “was not consistently candid in his communications with the board, hindering its ability to exercise its responsibilities. The board no longer has confidence in his ability to continue leading OpenAI.”

Mira Murati, the company's chief technology officer, was appointed as interim CEO while the search for a permanent successor is underway. Murati joined OpenAI in 2018 and became chief technology officer last year. Lightcap wrote in Saturday’s memo that while Murati leadership’s full support as CEO, they still share in employees’ concerns about how Altman’s removal was handled.

“I’m sure you all are feeling confusion, sadness, and perhaps some fear,” Lightcap wrote. “We are fully focused on handling this, pushing toward resolution and clarity, and getting back to work.”

Altman started OpenAI as a nonprofit in 2015 after raising $1 billion in funding from the likes of Elon Musk, LinkedIn's Reid Hoffman and other notable figures in tech.

Its AI chatbot, ChatGPT, exploded in popularity this year, already boasting 100 million active users within one year of launching.

Read More

How OpenAI so royally screwed up the Sam Altman firing

Analysis by David Goldman
CNN
Updated 7:42 AM EST, Mon November 20, 2023

Former OpenAI CEO Sam AltmanJustin Sullivan/Getty Images
New YorkCNN —

OpenAI’s overseers worried that the company was making the technological equivalent of a nuclear bomb, and its caretaker, Sam Altman, was moving so fast that he risked a global catastrophe.

So the board fired him. That may ultimately have been the logical solution.

But the manner in which Altman was fired – abruptly, opaquely and without warning to some of OpenAI’s largest stakeholders and partners – defied logic. And it risked inflicting more damage than if the board took no such action at all

A company’s board of directors has an obligation, first and foremost, to its shareholders. OpenAI’s most important shareholder is Microsoft, the company that gave Altman & Co. $13 billion to help Bing, Office, Windows and Azure leapfrog Google and stay ahead of Amazon, IBM and other AI wannabes.

Yet Microsoft was not informed of Altman’s firing until “just before” the public announcement, according to CNN contributor Kara Swisher, who spoke to sources knowledgeable about the board’s ousting of its CEO. Microsoft’s stock sank after Altman was let go.

Employees weren’t told the news ahead of time, either. Neither was Greg Brockman, the company’s co-founder and former president, who said in a post on X that he found out about Altman’s firing moments before it happened. Brockman, a key supporter of Altman and his strategic leadership of the company, resigned Friday. Other Altman loyalists also headed for the exits.


Suddenly, OpenAI was in crisis. Reports that Altman and ex-OpenAI loyalists were about to start their own venture risked undoing everything that the company had worked so hard to achieve over the past several years.

So a day later, the board reportedly asked for a mulligan and tried to woo Altman back. It was a shocking turn of events and an embarrassing self-own by a company that its widely regarded as the most promising producer of the most exciting new technology.
Strange board structure

The bizarre structure of OpenAI’s board complicated matters.

The company is a nonprofit. But Altman, Brockman and Chief Scientist Ilya Sutskever in 2019 formed OpenAI LP, a for-profit entity that exists within the larger company’s structure. That for-profit company took OpenAI from worthless to a valuation of $90 billion in just a few years – and Altman is largely credited as the mastermind of that plan and the key to the company’s success.

Yet a company with big backers like Microsoft and venture capital firm Thrive Capital has an obligation to grow its business and make money. Investors want to ensure they’re getting bang for their buck, and they’re not known to be a patient bunch.

That probably led Altman to push the for-profit company to innovate faster and go to market with products. In the great “move fast and break things” tradition of Silicon Valley, those products don’t always work so well at first.

That’s fine, perhaps, when it’s a dating app or a social media platform. It’s something entirely different when it’s a technology so good at mimicking human speech and behavior that it can fool people into believing its fake conversations and images are real.

And that’s what reportedly scared the company’s board, which remained majority controlled by the nonprofit wing of the company. Swisher reported that OpenAI’s recent developer conference served as an inflection point: Altman announced that OpenAI would make tools available so anyone could create their own version of ChatGPT.

For Sutskever and the board, that was a step too far.

A warning not without merit

By Altman’s own account, the company was playing with fire.

When Altman set up OpenAI LP four years ago, the new company noted in its charter that it remained “concerned” about AI’s potential to “cause rapid change” for humanity. That could happen unintentionally, with the technology performing malicious tasks because of bad code – or intentionally by people subverting AI systems for evil purposes. So the company pledged to prioritize safety – even if that meant reducing profit for its stakeholders.

Altman also urged regulators to set limits on AI to prevent people like him from inflicting serious damage on society.

Proponents of AI believe the technology has the potential to revolutionize every industry and better humanity in the process. It has the potential to improve education, finance, agriculture and health care.

But it also has the potential to take jobs away from people – 14 million positions could disappear in the next five years, the World Economic Forum warned in April. AI is particularly adept at spreading harmful disinformation. And some, including former OpenAI board member Elon Musk, fear the technology will surpass humanity in intelligence and could wipe out life on the planet.
Not how to handle a crisis

With those threats – real or perceived – it’s no wonder the board was concerned that Altman was moving at too rapid of a pace. It may have felt obligated to get rid of him and replace him with someone who, in their view, would be more careful with the potentially dangerous technology.

But OpenAI isn’t operating in a vacuum. It has stakeholders, some of them with billions poured into the company. And the so-called adults in the room were acting, as Swisher put it: like a “clown car that crashed into a gold mine,” quoting a famous Meta CEO Mark Zuckerberg line about Twitter.

Involving Microsoft in the decision, informing employees, working with Altman on a dignified exit plan…all of those would have been solutions more typically employed by a board of a company OpenAI’s size – and all with potentially better outcomes.

Microsoft, despite its massive stake, does not hold an OpenAI board seat, because of the company’s strange structure. Now that could change, according to multiple news reports, including the Wall Street Journal and New York Times. One of the company’s demands, including the return of Altman, is to have a seat at the table.

With OpenAI’s ChatGPT-like capabilities embedded in Bing and other core products, Microsoft believed it had invested wisely in the promising new tech of the future. So it must have come as a shock to CEO Satya Nadella and his crew when they learned about Altman’s firing along with the rest of the world on Friday evening.

The board angered a powerful ally and could be forever changed because of the way it handled Altman’s ouster. It could end up with Altman back at the helm, a for-profit company on its nonprofit board – and a massive culture shift at OpenAI.

Alternatively, it could become a competitor to Altman, who may ultimately decide to start a new company and drain talent from OpenAI.

Either way, OpenAI is probably left off in a worse position now than it was in on Friday before it fired Altman. And it was a problem it could have avoided, ironically, by slowing down.

Sam Altman was fundraising in the Middle East for a new chip venture to rival Nvidia before OpenAI’s board ousted him

BYEDWARD LUDLOWASHLEE VANCE AND BLOOMBERG
November 19, 2023 

Sam Altman was fired as OpenAI CEO on Friday by the company's board.
JUSTIN SULLIVAN/GETTY IMAGES


In the weeks leading up to his shocking ouster from OpenAI, Sam Altman was actively working to raise billions from some of the world’s largest investors for a new chip venture, according to people familiar with the matter.

Altman had been traveling to the Middle East to fundraise for the project, which was code-named Tigris, the people said. The OpenAI chief executive officer planned to spin up an AI-focused chip company that could produce semiconductors that compete against those from Nvidia Corp., which currently dominates the market for artificial intelligence tasks. Altman’s chip venture is not yet formed and the talks with investors are in the early stages, said the people, who asked not to be named as the discussions were private.

Altman has also been looking to raise money for an AI-focused hardware device that he’s been developing in tandem with former Apple Inc. design chief Jony Ive. Altman has had talks about these ventures with SoftBank Group Corp., Saudi Arabia’s Public Investment Fund, Mubadala Investment Company and others, as he sought tens of billions of dollars for these new companies, the people said.

Many details of the scale and focus of Altman’s chip ambitions as well as the project’s codename have not been previously reported.

Altman’s fundraising efforts came at an important moment for the AI startup. OpenAI has been working to finalize a tender offer, led by Thrive Capital, that would let employees sell their shares at an $86 billion valuation. SoftBank and others had hoped to be part of this deal, one person said, but were put on a waitlist for a similar deal at a later date. In the interim, Altman urged investors to consider his new ventures, two people said.

A representative for Saudi Arabia’s PIF did not immediately respond to a request for comment. OpenAI, SoftBank and Mubadala declined to comment.

OpenAI said Friday that Altman was ousted from his role after an internal review found “he was not consistently candid in his communications with the board.” The board and Altman had differences of opinion on AI safety, the speed of development of the technology and the commercialization of the company, according to a person familiar with the matter. Altman’s ambitions and side ventures added complexity to an already strained relationship with the board.

In a memo to staff, Brad Lightcap, OpenAI’s chief operating officer, said: “We can say definitively that the board’s decision was not made in response to malfeasance or anything related to our financial, business, safety, or security/privacy practices. This was a breakdown in communication between Sam and the board.”

OpenAI’s board is currently under pressure from investors to reinstate Altman, with one possibility being that the board resigns. Even if Altman returns, however, he may still need to navigate his side ventures with the assent of OpenAI’s board.

Altman’s pitch was for a startup that would aim to build Tensor Processing Units, or TPUs — semiconductors that are designed to handle high volume specialized AI workloads. The goal is to provide lower-cost competition to market incumbent Nvidia and, according to people familiar, aid OpenAI by lowering the ongoing costs of running its own services like ChatGPT and Dall-E.

Custom-designed chips like TPUs are seen as one day having the potential to outperform the AI accelerators made by Nvidia — which are coveted by artificial intelligence companies — but the timeline for development is long and complex.

A number of prominent venture firms, including some existing investors in OpenAI, are ready to back any new venture Altman forms, people familiar said. Microsoft Corp., OpenAI’s biggest investor, is also interested in backing Altman’s chips venture, according to people familiar. Microsoft declined to comment.

In a statement on X, formerly Twitter, venture capitalist Vinod Khosla said that his firm wanted Altman “back at OpenAI but will back him in whatever he does next.”

— With assistance from Dina Bass and Rachel Metz
Ramaswamy’s Crypto Deregulation Plan Is Scaring the Industry

Hadriana Lowenkron
Wed, November 22, 2023 



(Bloomberg) -- Presidential candidate Vivek Ramaswamy’s call for mass deregulation of the cryptocurrency industry and drastic cuts to the Securities and Exchange Commission are the makings of crypto regulators’ nightmares, yet a version of that plan could be a reality if a Republican wins the White House.

Ramaswamy — who is polling in the single digits — is unlikely to become the 2024 Republican presidential nominee, but he has echoed many policy positions of frontrunner Donald Trump, teeing himself up for a potential high-profile spot in a GOP administration that could have significant sway over crypto.

Ramaswamy’s proposal would eliminate many of the few crypto regulations in effect and cut the SEC and other regulatory agencies’ workforces by 75%. That has raised alarms in the industry, particularly given its proximity to the criminal conviction of Sam Bankman-Fried following the implosion of his trading platform FTX and guilty pleas announced Tuesday from crypto exchange Binance Holdings Ltd. and its founder, Changpeng Zhao, on anti-money laundering and US sanctions violations charges.

The series of high-profile crypto misdeeds has prompted congressional lawmakers to pursue more oversight of the industry to protect consumers, making Ramaswamy out of step with members of both parties and many inside the industry who want a baseline of regulations to help legitimize the technology which has been subject to a wave of bad headlines over the past year.

“It’s not like there’s a ton of regulation now,” said Howard Fischer, a partner at Moses Singer and former SEC lawyer. “There is a perception of significant risk, and if there is no regulation whatsoever, I think that that’s going to lead a lot of investors and participants to shy away from the space.”

The 2024 election is the first presidential race where crypto has been treated as a serious policy issue, and Ramaswamy is the first Republican candidate to release a plan regarding the currency.

“The recent examples of large-scale fraud (e.g. FTX) reveal that the status quo is at once insufficient to protect ordinary investors, while also impeding innovation,” Ramaswamy said in a statement. “The policy principles that I announced – freedom to code, freedom to financial self-reliance, and freedom from regulatory overreach – are the first step toward a broader regulatory framework for digital assets.”

His campaign has financial backing from some in the crypto industry, including Gemini exchange co-founders Tyler Winklevoss and Cameron Winklevoss. Fred Ehrsam, co-founder of Paradigm Operations LP and Coinbase Global Inc., Bitgo co-founder Michael Belshe and Blockchain Association CEO Kristin Smith also donated.

Ramaswamy calls for a series of changes, including prohibiting federal agencies from creating restrictions on crypto wallets and clarifying that the Bank Secrecy Act does not govern blockchain infrastructure providers. These changes would likely involve input from Capitol Hill, meaning his plan can’t become law without the approval of lawmakers.

“This is not something that the executive branch can just do,” said Reena Aggarwal, director of the Psaros Center for Financial Markets and Policy at the Georgetown School of Business. “Congress would be involved in a big way, so it’s not reality.”

Those looking to influence a second Trump administration’s policy agenda are also looking to curb crypto regulation. The Heritage Foundation’s Project 2025, a comprehensive look at how a Republican White House should view policy, calls to shift crypto regulation away from the SEC and into the Commodity Futures Trading Commission, an agency that the industry believes to be more crypto-friendly.

Peter St Onge, an economist at the Heritage Foundation, said Ramaswamy’s proposal aligns with his employer’s view of the SEC, which he believes does not adequately fight fraud.

“They either become captured by the industries that they’re supposed to be policing, particularly salient in finance, or they justify their existence by creating these burdens that end up hurting the overall market,” he said.

Congress has begun to contemplate a more comprehensive framework for crypto assets. Senator Cynthia Lummis, a Wyoming Republican, and Senator Kirsten Gillibrand, a New York Democrat, have sponsored a bill viewed as taking an industry-friendly approach, and that Lummis has said “appropriately balances consumer protections while allowing innovation to thrive.”

“The crypto asset industry desperately needs clear rules of the road to protect consumers while encouraging innovation,” Lummis said in a statement. “Eliminating the few protections we currently have instead of installing additional consumer-focused guardrails would be a grave misstep.”

Senator Elizabeth Warren, a Massachusetts Democrat, has contemplated a more restrictive approach that would crack down on digital asset use, drawing connections to money laundering and sanctions evasion.

The SEC declined to comment on Ramaswamy’s proposal.

Voters themselves are also hesitant to let crypto exist rules-free. An April Pew survey found 75% of Americans who have heard of crypto are not confident in its safety and reliability.

“With the American people, crypto is toxic,” said Dennis Kelleher, CEO of nonprofit Better Markets who previously served on President Joe Biden’s transition team working with financial regulation. “American investors and customers have lost trillions of dollars in crypto over the last couple of years.”

--With assistance from Lydia Beyoud and Bill Allison.

Most Read from Bloomberg Businessweek
CRIMINAL CRYPTO CAPITALI$M
The fallen kings of crypto

AFP
Wed, 22 November 2023

Sam Bankman-Fried founded FTX, a crypto exchange that collapsed spectacularly in 2022 (Ed JONES)

Binance boss Changpeng Zhao has become the most powerful cryptocurrency figure to fall in a two-year period chaotic even by the standards of the notoriously volatile industry.

Zhao stepped down as CEO of Binance -- the largest crypto exchange in the world -- after he and the company pleaded guilty on Tuesday to sweeping US money laundering violations and agreed to fines of more than $4 billion.

Here are three of the highest-profile crypto executives who have fallen foul of the law since last year:


- Changpeng 'CZ' Zhao -


Born in China in 1977, Zhao moved with his family to Canada in the 1980s and later got a degree in computer science from McGill University, according to his profile in the Bloomberg Billionaires Index.

He founded Binance in 2017 in Shanghai, and led the company's explosive growth into the world's biggest cryptocurrency exchange.

An outspoken celebrity in the crypto world with 8.7 million followers on X, Zhao became the richest known figure in the nascent industry. His net worth peaked at around $65 billion in 2022, according to a Forbes index.

With the prestige and wealth came increased scrutiny of Binance's operations, as prominent crypto firms around the world began to buckle under a wave of criminal investigations.

The United States accused Zhao and Binance of multiple violations, including knowingly allowing transactions to militant groups such as the Islamic State and in barred jurisdictions such as North Korea and Iran.

On Tuesday, they pleaded guilty. The firm has agreed to total penalties of nearly $4.4 billion, while he will pay $50 million, according to court documents.

Zhao resigned as CEO of Binance and while he will reportedly retain his shares in the company, he has been banned from any involvement in its business. He is expected to face sentencing later.

Forbes listed his net worth as $10.2 billion as of Wednesday.

- Sam Bankman-Fried -


If Zhao was the richest and most powerful person in crypto, Sam Bankman-Fried was easily the most famous.

Born to Stanford University professors, Bankman-Fried graduated from MIT with a degree in physics.

In 2019, he founded FTX, which skyrocketed to become the world's second-largest crypto exchange.

Along the way, Bankman-Fried built up his image as the unofficial ambassador for the cryptocurrency industry, with high-profile appearances in the media and even the US Congress.

At one point in 2022, he had a net worth of $24 billion, according to Forbes.

But he had been walking a dangerous path -- his team used customers' money for everything from buying posh real estate to covering risky moves by affiliate Alameda Research.

It all came crashing down when these moves were revealed in the media in November 2022. Within hours, rival CZ Zhao said Binance would sell all the FTX tokens it held.

It sparked a stunning collapse of FTX and Bankman-Fried's empire, his fame turning to notoriety.

Arrested in the Bahamas in January, he was found guilty this month of what US prosecutors described as "one of the biggest financial frauds in American history". He faces up to 110 years in prison.

During his trial, the 31-year-old admitted to making "mistakes" but denied trying to defraud anyone.

- Do Kwon -


South Korean entrepreneur Do Kwon co-founded Terraform Labs in 2018, developing the cryptocurrencies TerraUSD and Luna.

The Stanford grad successfully marketed them as the next big thing in crypto, attracting billions in investments and global hype.

Media reports in South Korea described him as a "genius".

But in May last year, the value of these currencies -- marketed as "stablecoins" -- plummeted, wiping out around $40 billion in investments and sending a shock wave through the rest of the industry.

It led to more than $500 billion in further losses on global crypto markets, industry data suggested.

Experts said Do Kwon -- whose full name is Kwon Do-kyung -- had marketed a glorified Ponzi scheme.

Brash and outspoken on social media, Do Kwon left South Korea before the collapse and spent months on the run.

He was arrested in Montenegro this year after being caught trying to catch a flight using fake Costa Rican travel documents.

He faces multiple criminal charges in the United States and South Korea.

qan/leg


Binance was slapped with a $4.3 billion fine because it let groups like Hamas and ISIS receive funds: Treasury Department


Kai Xiang Teo,Matthew Loh
Wed, November 22, 2023 

Binance cofounder and former CEO Changpeng "CZ" Zhao, and US treasury secretary Janet YellenBen McShane/Sportsfile and Anna Moneymaker via Getty Images

Binance has reached a settlement with US regulators to pay out over $4 billion in fines.


The treasury department says the company enabled transactions from Hamas, the Islamic State, and Al Qaeda.


A lawsuit from the CFTC said Binance employees joked about transactions with Hamas.

Binance on Tuesday reached a settlement with US regulators — including the justice and treasury departments — to pay $4.3 billion in fines for violating anti-money laundering and sanctions laws.

Changpeng "CZ" Zhao, the cofounder of Binance and a central figure in the crypto world, is also stepping down as CEO under the settlement.

The treasury department said Binance failed to report over 100,000 suspicious transactions involving terrorist groups, ransomware, child sexual exploitation material, and scams.

Chief among these is the accusation that Binance was used to send money to the al-Qassam Brigades, the militant wing of Hamas, the Palestinian Islamic Jihad, al-Qaeda, and the Islamic State of Iraq and Syria.

The Hamas transactions were acknowledged in February 2019 by Binance's chief compliance officer at the time, Samuel Lim, according to a Commodity Futures Trading Commission lawsuit filed in March against the crypto exchange.

Lim had been told about "HAMAS transactions," and responded by saying that terrorists often send "small sums" of money because "large sums constitute money laundering," the CFTC complaint said.

"Can barely buy an AK-47 with 600 bucks," the colleague replied, per the complaint.

The complaint outlined several other messages between Lim and his staff that regulators said were clear signs Binance knew illegal transactions could and were being made through its services.

"I HAZ NO CONFIDENCE IN OUR GEOFENCING," Lim was told by a Binance employee, who was tasked with reporting money laundering, the complaint said.

On top of Tuesday's settlement, which also resolves the March CFTC complaint, Zhao is pleading guilty to breaking anti money-laundering law, per the justice department. Zhao will personally pay $50 million in fines, and faces up to 18 months in prison, The New York Times reported.

The settlement represents the culmination of long-running scrutiny from regulators against the cryptocurrency exchange. The justice department opened an investigation into Binance's compliance with anti money laundering law in 2018.

"Binance became the world's largest cryptocurrency exchange in part because of the crimes it committed — now it is paying one of the largest corporate penalties in U.S. history," Attorney General Merrick Garland said on Tuesday.

Binance and its former CEO struck an upbeat tone after the settlement was announced. Binance acknowledged the settlement and Zhao's resignation in a blog on Tuesday, saying Richard Teng — who was the global head of regional markets — would take over as CEO.

"Binance grew at an extremely fast pace globally, in a new and evolving industry that was in the early stages of regulation, and Binanace made misguided decisions along the way," the blog said. "Today, Binance takes responsibility for this past chapter."

Yesha Yadav, a law professor at Vanderbilt University, told Reuters that the deal "looks designed to give Binance the chance to live another day, while removing CZ, a figurehead who has been so intrinsically linked to the growth of a business model."

Although the deal means a settlement with the justice and treasury departments, as well as with the Commodity Futures Trading Commission, Binance is not out of deep water yet. The settlement does not cover an ongoing lawsuit from the Securities and Exchange Commission that accused Binance of operating as an illegal exchange.

In response to a request for comment, Binance directed Business Insider to the company's blog post on the settlement deal.


Changpeng Zhao, the crypto king and Binance chief, ousted for US crimes

Tom Wilson
Tue, November 21, 2023 


LONDON (Reuters) -The most powerful man in crypto has lost his crown - and could see his freedom curtailed as well.

Binance chief Changpeng Zhao on Tuesday stepped down and pleaded guilty to breaking U.S. anti-money laundering laws as part of a $4.3 billion settlement resolving a years-long probe into the world's largest crypto exchange, prosecutors said.

The deal with the Justice Department, part of a large settlement between Binance and other U.S. agencies, resolves criminal charges for conducting an unlicensed money transmitter business, conspiracy and breaching sanctions regulations.

It also leaves Zhao's future uncertain.

"Today, I stepped down as CEO of Binance," Zhao tweeted. "Admittedly, it was not easy to let go emotionally. But I know it is the right thing to do. I made mistakes, and I must take responsibility."

Zhao, known as CZ, will personally pay $50 million and is barred from all involvement with Binance.

U.S. sentencing guidelines call for prison time of 10 to 18 months for the charges he faces. Prosecutors are seeking an 18-month prison sentence, the New York Times reported.

Zhao and his lawyers did not return calls seeking comment.

LOFTY AMBITIONS

After launching Binance in Shanghai in 2017, Zhao dreamed big. "We want to take over the entire market!" he told staff in a company chat group that year.

The 46-year-old CEO did not waver in his belief as he built up his crypto exchange. Even this year, Zhao felt a major goal was within reach.

"The idea that a five-year-old start-up could mature and operate at the same level as a financial institution that has been around for 200 years was once impossible to fathom," Zhao wrote in January in a review of the previous year. "But we are nearly there today."

In that review, Binance hailed its progress in complying with regulations across the world. The exchange had strived through the year to strengthen client checks, it said, developing crypto's "best security and compliance team."

Zhao's public aim to be a part of all that has been dashed by Tuesday's guilty plea and settlement.

"By failing to comply with U.S. law, Binance made it easy for criminals to move their stolen funds and illicit proceeds on its exchanges," U.S. Attorney General Merrick Garland said on Tuesday. "Binance also did more than just fail to comply with federal law. It pretended to comply."

'ZHAO ANSWERS TO NO ONE'

Zhao was born in China before moving to Canada in 1989 at age 12, two months after China's Tiananmen Square crackdown on pro-democracy protesters, he wrote in a blog last year.

The tycoon crisscrossed the globe in his quest for success, working in Tokyo and New York before moving to Shanghai, where he embraced crypto and founded Binance.

Its expansion was dramatic. Binance became the world's biggest crypto exchange within six months.

While its market share has slipped this year, it still accounts for about half of global crypto trading volumes, according to research firm CCData.

From the company's earliest days, Zhao kept a tight grip on Binance, as a powerful leader committed to secrecy and focused on market domination, a Reuters report last year found. As CEO, he remained in control of minute operational detail, at the same time posting social media selfies with world leaders and city mayors.

Zhao installed a tight circle of associates, many of whom had worked or studied in China, into top jobs. Co-founder Yi He now runs Binance's venture capital arm, as well as other key departments.

As Binance hired more widely from traditional financial and regulatory worlds, Zhao's tight control over his company was undiminished. The company, which calls itself an "ecosystem," has set up more than 70 entities, most controlled by Zhao personally.

"Zhao answers to no one but himself," the Commodity Futures Trading Commission wrote in March after suing Binance for operating what it called a "sham" compliance program.

It is unclear whether Zhao will now relinquish control of the firms. In the meantime, one of his appointees will take over running Binance.

Richard Teng, a senior Binance executive who joined in 2021, is the new CEO, Zhao posted on social media on Tuesday. Teng "will ensure Binance delivers on our next phase of security, transparency, compliance, and growth," he said.

(Reporting by Tom Wilson in London; Editing by Lisa Shumaker and Bill Berkrot)



What’s behind Binance’s rumored $4 billion deal with the Justice Department

Jeff John Roberts
Tue, November 21, 2023 

Antonio Masiello—Getty Images

The chess match between Binance and the Justice Department may be heading to an endgame. On Tuesday, Bloomberg reported that the parties are discussing a resolution that would see the company pay $4 billion to put an end to its long-running legal troubles with Uncle Sam.

The Bloomberg report is notable because it’s the first news of the Binance investigation in months, and comes half a year after industry insiders were certain the Justice Department was going to drop a legal bomb on the company to follow earlier lawsuits by the SEC and the CFTC. The story is also remarkable because, contrary to earlier reports, it suggests Binance might just come through this alive.

The Justice Department has been leaking like a sieve throughout the investigation, and earlier leaks suggested the consequences would be more dire. While $4 billion would amount to a staggering penalty—one of the biggest corporate fines in history—the Bloomberg report did not repeat earlier rumors that Changpeng Zhao would have to step down as CEO or even serve prison time as part of a settlement.

If the Justice Department is indeed easing up, the question is why. There are a few theories. One is that the agency has mishandled the investigation. One person familiar with the proceedings recently told me that the Binance file was initially handled by “main Justice,” which they described as a bureaucratic blob compared with the agency’s more specialized divisions. Now, even though those divisions—including prosecutors versed in sanctions law—have joined the party, the investigation may now amount to a sprawling mess that the agency just wants to be done with.

Another possibility is that the Justice Department has decided it would be a bad idea to blow Binance up altogether since doing so could cause a financial cataclysm in the crypto markets that spreads to other parts of finance. I’m skeptical of this. The Biden administration has made clear it would be delighted to see crypto wiped out altogether, while there is a loose consensus among economist types that a crypto meltdown would be unlikely to cause wider contagion.

A final explanation for why the Justice Department may be backing off slightly in its Binance investigation is that Zhao, the company’s CEO, has a few cards to play of his own. Even as the investigation has forced him to retreat from key markets—and to pull Binance staff out of the U.S. altogether—the company is still doing brisk business in Asia and offshore. Meanwhile, Zhao also has some leverage in the form of Binance’s ability to help track down bad guys using the platform. Even though the company has racked up a phone book’s worth of money laundering violations over the years, it has also helped law enforcement crack down on terrorists in places like Central Asia. All of this means that, if the Justice Department goes all out trying to nail the company to the wall, Zhao could simply walk away and let law enforcement try to figure who owns millions of Binance wallets.

Meanwhile, the recent thaw in Crypto Winter—which has seen the price of Bitcoin soar and trading volumes rise—has likely translated to more revenue for Binance (even as its overall market share has slipped) and more runway for Zhao to ride out the investigation. Hence the Justice Department may have finally concluded it makes sense to punish Binance severely rather than to try and kill it off altogether. All of this is mostly speculation, of course, but if you had to bet, it wouldn’t be crazy to predict that Binance and its CEO will survive the investigation—that’s what the markets appear to be doing right now in any case.

Jeff John Roberts
jeff.roberts@fortune.com
@jeffjohnroberts

This story was originally featured on Fortune.com

What does the Binance and Zhao scandal mean for the crypto world?

Cryptocurrency
Published Nov 23, 2023 
© Reuter

Investing.com - The cryptocurrency sector rises on Thursday on the back of corporate news. Bitcoin moves above $37,000 and Ethereum rises above $2,000.

The sector is rebounding from recent declines after news that Changpeng Zhao, founder and CEO of Binance, the world's largest crypto exchange, resigned following revelations of wrongdoing in the United States. The firm has reached an agreement with the Department of Justice, the Treasury and the Commodity Futures Trading Commission (CFTC) to pay a record $4.368 billion fine for violating anti-money laundering laws and securities regulation.

Franco Macchiavelli, head of analysis at Admirals Spain, discusses the implications of the Binance case for the crypto world. "The Binance case has huge implications on several fronts. First, it sends a strong message about accountability and regulatory compliance in the cryptocurrency space. This event underscores the critical importance of following financial laws, especially in a field as dynamic and evolving as cryptocurrencies," he says.

"The record $4.3 billion fine and associated penalties highlight the global reach of US regulatory jurisdiction in the crypto space. This suggests a trend towards stricter regulation and more rigorous oversight of cryptocurrency exchange activities, especially in relation to compliance with money laundering and international sanctions laws," Macchiavelli adds.

"Moreover, the fact that the founder, Zhao, pleaded guilty and agreed to pay a significant personal fine signals that the leaders of crypto platforms can be held personally liable for the illegal actions of their companies. This could change the way industry leaders approach compliance and business decision-making," he adds.

"Finally, this event highlights the importance of regulatory compliance and constant monitoring in the crypto space. Companies operating in this sector should pay special attention to global financial regulations and establish robust compliance programmes to avoid similar sanctions in the future," he concludes.

Manuel Villegas, digital assets analyst at Julius Baer (SIX:BAER), notes that "regulatory hurdles are likely to increase as a result of these developments, but overall we do not believe they will hinder the long-term evolution of the asset class".



Binance saw $800 million in outflows after news broke of Changpeng Zhao’s plea deal. Experts say it could have been much worse

Marco Quiroz-Gutierrez
Wed, November 22, 2023 

David Ryder—Getty Images


Hundreds of millions of dollars worth of cryptocurrencies have poured out of Binance over the past day, but experts told Fortune that the outflows are actually lower than many expected after the company and founder Changpeng “CZ” Zhao reached a deal with U.S. prosecutors and regulators.

About $800 million worth of BitcoinEther, and the USDT and USDC stablecoins were withdrawn from the crypto exchange after news of the agreement initially broke on Tuesday, according to digital asset data and index provider CCData. The outflows can be explained in part by investors concerned about impending regulatory requirements Binance will be subject to per its agreement with prosecutors, or from institutional investors moving money elsewhere to save face, said CCData research lead Josh de Vos.

While the massive outflows were notable compared with a typical trading day, Binance’s resilience was surprising, de Vos told Fortune. “The level of outflows are probably lower than expected given the news,” he added.

On Tuesday, Binance agreed to pay $4.3 billion in penalties while Zhao stepped down as CEO and pleaded guilty to a criminal charge. The news rocked the crypto world and sent Binance’s native cryptocurrency, BNB, plummeting before a resurgence. Much the same appears to have happened with the exchange's outflows.

Despite the initial spike, the rate of outflows had mostly tempered by Wednesday, according to figures from CCData. But the exchange was still seeing average outflows of between $25 million and $50 million per hour, which could prove an issue if that pace doesn't taper, de Vos explained.

“If those flows are consistent," he said, "it could lead to a liquidity problem—or the perception of one, which can still have the same result."

Breaking down the outflows by coin, CoinMetrics noted that investors withdrew $300 million in Bitcoin alone from the crypto exchange over the past 24 hours. Solutions engineer Parker Merritt said the outflows highlighted some investors’ skittishness, especially in light of what's happened to FTX.

“We've all seen the downside of what can happen when you put full trust into a centralized exchange with FTX,” Merritt added.

Still, Merritt noted, the Bitcoin outflows aren't even the most ever for Binance: Earlier this month, the exchange recorded Bitcoin outflows of about $1.6 billion that weren't directly tied to a single news event. And back in May, when the company claimed to be shuffling around its Bitcoin reserves, some $5 billion was withdrawn. Working in the company’s favor is its mostly transparent system for proving reserves and the fact that its agreement with prosecutors was not as draconian as it could have been.

While the multibillion-dollar penalty was a blow for the world’s largest crypto exchange, it will continue to operate, and its former CEO is facing minimal prison time. All things considered, Merritt added, Binance appears to be on track to overcome its latest setback.

“If the U.S. is willing to settle with Binance for any sum of money,” he said, “you know they're in relatively good regulatory standing following that."

Meet Changpeng 'CZ' Zhao, the billionaire Binance CEO stepping down and pleading guilty to anti-money laundering charges


Marielle Descalsota,Pete Syme,Aaron Mok
Tue, November 21, 2023 

Binance founder Changpeng Zhao is stepping down from his CEO role as a result of the DOJ's probe.REUTERS/Darrin Zammit Lupi

Changpeng Zhao, also known as CZ, has been one of the wealthiest people in crypto.


His rivalry with Sam Bankman-Fried nearly saw Binance save FTX from bankruptcy.


However, Binance later ran into its own issues, and Zhao is now pleading guilty to the DOJ's anti-money laundering probe and stepping down as CEO.

Changpeng Zhao is the founder of Binance, the world's largest cryptocurrency exchange.

Changpeng Zhao, who founded and served as CEO of Binance.Antonio Masiello/Getty Images

Zhao — who's often known as CZ — is one of the most prominent people in cryptocurrency, and has been the wealthiest person in the industry.

With a net worth of $23.5 billion as of November 20, he was listed as the 68th-richest person in the world, according to the Bloomberg Billionaires Index.

But crypto winter has taken a toll across the industry, and Zhao is no exception. His real-time estimated net worth is a far cry from the peak of his personal wealth: His net worth peaked at $95.9 billion earlier this year, the Bloomberg Billionaires Index shows.

Zhao's interest in cryptocurrency began in 2013 when he first learned about Bitcoin, according to a 2018 Forbes report. His career in the up-and-coming digital currency industry started at Blockchain.info, where he served as the head of development.

Zhao founded Binance in 2017 and powered it to become the biggest cryptocurrency exchange by trading volume. The exchange handles some $76 billion in daily trading volume, according to Protocol. In 2021 alone, Binance generated over $20 billion in revenue, according to Bloomberg. Binance is bigger than its four largest competitors combined, per Bloomberg.

Editor's note: This story was first published in October 2022 and has been updated to reflect recent developments.

Zhao was born in a rural village in Jiangsu province in China in 1977 to a family of teachers.

Nanjing, Suzhou, China.Fang Daqing/VCG/Getty Images

Zhao, who is Chinese-Canadian, moved to Vancouver in the late 1980s with his family, according to Forbes.

Zhao's father, Shengkai, was a professor who was exiled to the countryside during the Cultural Revolution in China, according to the Maclean's report.

Zhao said in a September blog post that his family had to wait in line outside the Canadian embassy for three days to procure visas. He added that he was "lucky to have been able to leave at that time."

Shengkai immigrated to Canada to pursue a doctorate degree at the University of British Columbia, per Maclean's. After the Tiananmen Square protests in 1989, Zhao and his family followed his father and moved to Vancouver.

Zhao said he experienced food rationing growing up in rural China. "You get a ticket to buy meat," Zhao told Fortune in a March interview. Zhao told Maclean's that it wasn't until he moved to Canada that he ever drank fresh milk, because it was so rare to find it in China.

When Zhao moved to Canada, he held a number of part-time jobs, according to the Maclean's report
.

McDonald's in Richmond, BC, Canada.Cheng Feng Chiang/iStock/Getty Images

He started working at McDonald's when he was 14 and worked there for two years, Dewi Mustajab, a spokesperson for Binance, told Insider.

Zhao also worked at a Chevron gas station and as a referee for volleyball games in his teens to earn money, per Maclean's.

Zhao said in the blog post that moving to Canada "changed my life forever." He added that he spent his "best years as a teenager" growing up in Vancouver.

Zhao is known to be frugal: He doesn't own cars, yachts, or luxury watches. Instead, he has digital watches like the Apple Watch, and he recently bought a Toyota Velfire van, Mustajab said.

Zhao studied computer science at McGill University in Montreal, the same school where his father worked as a visiting scholar.


McGill University, where Zhao attended.JHVEPhoto/iStock/Getty Images

Zhao's interest in technology was fueled by a $14,000 286 DOS computer that his father — "a math whiz and programmer" — bought when was Zhao was in his teens, per Maclean's. Before attending McGill, Zhao enrolled in programming classes in high school and started coding when he was just 16 years old, per Bloomberg.

After graduating from university, Zhao worked first on the Tokyo Exchange, and from 2001 to 2005, on Bloomberg's Tradebook, Mustajab said.

In 2005, Zhao quit the corporate life and moved to Shanghai to become a partner at the trading system company Fusion Systems. According to Zhao's Linkedin page, he left the company in December 2013.

The vast majority of Zhao's multibillion-dollar wealth comes from his controlling stake in Binance Holdings, per Bloomberg.

Cryptocurrency exchange Binance founder and CEO Changpeng Zhao speaks at a Binance fifth anniversary event in Paris, France, July 8, 2022.Staff/Reuters

While Bloomberg estimates Zhao was worth around $23.5 billion from his majority stake in the cryptocurrency platform, it's not a complete picture of his wealth. Bloomberg said it did not include cryptocurrency directly held by Zhao in his net worth, as the amount is not publicly available.

Zhao has personal cryptocurrency holdings in Bitcoin and Binance Coin, per a September report by Bloomberg. In 2021, Binance had over 90 million users, Bloomberg reported, citing an estimate from Zhao.

Zhao is said to have a considerable amount of wealth from Bitcoin, having bought $1 million worth of the digital currency when it was just $600 a unit, per Maclean's.

Binance declined to confirm Zhao's net worth and the source of his wealth to Insider.

But Zhao's journey at Binance has been far from smooth sailing — the company has been embroiled in several controversies.


Changpeng Zhao, founder of Binance.REUTERS/Darrin Zammit Lupi

In October, some $570 million worth of cryptocurrency traded on Binance was stolen in a blockchain hack, according to the New York Times. Zhao told CNBC in an October interview that no users had lost money in the attack, and that "software code is never bug free." The Binance hack is one of the biggest cryptocurrency hacks of all time.

Binance said in a blog post that in the event of a hack in the future, its validators will decide if the hacked funds will be frozen. The decision would be made through a series of "on-chain governance votes" — the system that manages and implements changes to the blockchain. Binance added they would also consider implementing a "bug bounty reward system," so users are incentivized to report bugs.

"Nearly $570 million were minted and taken by the hacker, $100 million are unrecovered and moved off chain by the hacker. No users or users funds affected," Mustajab said.

Binance has also been criticized for its ties to China. Binance only delisted Chinese yuan-based trading pairs on the exchange in 2021, and served customers in China for several years, according to September article by Protos. Chinese authorities banned all crypto-related transactions in September 2021.

Zhao responded to these allegations in a blog post published in September, where he clarified that Binance was never incorporated in China and said it does not "operate like a Chinese company culturally." He added that he is "a Canadian citizen, period."

Binance also garnered controversy for enabling Iran-based users to trade cryptocurrencies on the exchange despite US-imposed sanctions, according to a July report by Reuters. Binance informed traders in Iran to liquidate their accounts in November 2018, but seven traders continued until September 2021 to use the account even after the ban. Binance did not respond to Reuters' requests for comment at the time.

Zhao was known for his rivalry with FTX cofounder Sam Bankman-Fried. Last year, Binance looked set to rescue SBF's firm from bankruptcy, before backing out of the deal.


Zhao Changpeng and Sam Bankman-Fried.Horacio Villalobos/CorbisAlex Wong/Getty Images

Binance signed a non-binding agreement to acquire FTX, Zhao said in a Twitter post on November 8, 2022. At the time, FTX was the third largest cryptocurrency exchange by trading volume after Binance and Coinbase, before filing for bankruptcy three days later.

It all started with a public spat on November 6 last year, when Zhao announced on Twitter that Binance would be liquidating its FTT tokens, the cryptocurrency of FTX.

Anthony Scaramucci, who sold 30% of his business to FTX, told Insider last January that Bankman-Fried had been saying "nasty things" about Zhao during a fundraising tour in the Middle East – which may have prompted Binance to sell off its FTT holdings.

In a Twitter post, Bankman-Fried said that Zhao was "trying to go after us with false rumors," and that FTX and its assets "are fine."

But then Binance pulled out of the deal, and FTX filed for bankruptcy. SBF was later found guilty on multiple fraud charges.

Binance then ran into legal troubles of its own, after the CFTC alleged it had violated trading rules.


Binance logo is displayed on a mobile phone screen.Beata Zawrzel/NurPhoto via Getty Images

On March 27, the Commodity Futures and Trading Commission sued Zhao, Binance, and its former chief compliance officer, Samuel Lim, for allegedly violating trading rules.

It alleged a "willful evasion of federal law" because Binance ignored requirements to register the exchange, and helped customers to evade its "ineffective compliance program."

The CFTC said Binance didn't require customers to provide ID, and "failed to implement basic compliance procedures designed to prevent and detect terrorist financing and money laundering."

The filing shows officers discussing transactions from Hamas, the Palestinian militant group that later conducted terrorist attacks against Israel in October. "Like come on. They are here for crime," Lim said in internal communications, per the filing.

Zhao has split his time between Dubai and France. He was previously based in Singapore.

Marina Bay Sands in Singapore.Marielle Descalsota/Insider

Zhao moved to Dubai in late 2021, where he leases an office to run what Bloomberg described as "a new phase" of Binance. Zhao also owns an apartment and a minivan in the city, the publication reported.

"I have always liked placed with diverse cultures," Zhao told the Gulf News in an August, 2022 interview. He described the city as "very pro-crypto," according to a 2021 interview with Bloomberg.

Previously, Zhao lived in Singapore from 2019 to 2021. The city-state spent hundreds of millions of dollars investing in the sector amidst a crackdown on the industry in the US, UK, and China.

Zhao is pleading guilty to anti-money laundering charges and will step down from his role as CEO of Binance.


Changpeng Zhao steps down from his role as CEO of Binance after he pleaded guilty to anti-money laundering charges.Andrey Rudakov/Bloomberg via Getty Images

Binance will pay a $4.3 billion fine in response to the verdict.

Part of the fine will go toward settling the lawsuit brought by the CFTC earlier this year, which accused Binance and Zhao of failing to stop illegal trading activity on the crypto exchange.

The crypto exchange is also pleading guilty to related charges, which could potentially put an end to a Department of Justice investigation spanning nearly five years.

Zhao will continue to have majority ownership of the crypto exchange.



The Sudden Downfall of Changpeng Zhao, the Crypto Titan Behind Binance

Olga Kharif
Wed, November 22, 2023 

The Sudden Downfall of Changpeng Zhao, the Crypto Titan Behind Binance

(Bloomberg) -- Changpeng Zhao had long cultivated the image of the rugged pugilist of the cryptocurrencies world.

When his rival Sam Bankman-Fried’s crypto empire collapsed a year ago, Zhao, or “CZ” as his fans call him, was in the middle of it all, yanking his money in a very public way and helping trigger the ultimately fatal run on the firms. Years earlier he claimed the company’s headquarters was wherever he happened to be, a thinly veiled salvo against regulators trying to nail down jurisdiction. And this March, when US regulators charged Zhao and his firm, Binance Holdings, with violating US securities laws, his on-line response was “4,” which is Zhao code for dismissing something as unworthy of his attention.

On Tuesday, though, Zhao cut a very different image in a Seattle courtroom. Dressed in dark suit and pale blue tie before a federal judge, he pleaded guilty to criminal charges for anti-money laundering and US sanctions violations, including allowing transactions with Hamas and other terrorist groups, under a sweeping deal with the Justice department designed to keep the biggest crypto exchange operating. Binance itself agreed to plead guilty to criminal charges and pay over $4 billion in penalties. Zhao stepped down as CEO and will pay a $50 million fine.

Zhao’s capitulation in many ways is the culmination of a multi-year dragnet by international regulators who sought to rein in and impose regulations on Binance — and, by extension, the broader industry.

Moreover, it marks the second time in less than a year that the crypto universe, still reeling from a crash that shaved some $2 trillion off the value of the market, loses one of its biggest stars. Bankman-Fried may have been the best known name in crypto but Zhao, worth almost $100 billion at his zenith in early 2022, was the wealthiest and most powerful.

“This is a big deal,” said Michael Rosen, chief investment officer at Angeles Investments. Zhao’s “prominence helped him until it hurt him,” converting him eventually into a big target for authorities.

Richard Teng, a civil servant-turned-crypto executive, succeeded Zhao.

Binance Coin, a cryptocurrency also known as BNB that is the main transactional token on the exchange, dropped more than 8% on Tuesday.

Zhao played a key role in bringing cryptocurrencies into the mainstream. He built Binance into a juggernaut that at one point controlled almost two-thirds of spot trading over centralized exchanges — attracting scrutiny from regulators and law enforcement agencies around the world along the way.

The departure of crypto’s perhaps most iconic remaining executive comes as the industry tries to put its reputation for scandals, scams and other illicit activities behind it. Several entrepreneurs associated with that era, from Bankman-Fried to Do Kwon and Alex Mashinsky, are either in jail or have been charged with alleged crimes that led to multibillion-dollar losses.

Zhao faces as many as 10 years in prison but is expected to get no more than 18 months under a plea deal that appears to have saved him from the harsh penalties that other prominent crypto criminals have faced. The Justice Department hasn’t decided yet what length of a prison term they will seek for him.

“I will have to deal with some pain, but will survive,” Zhao said in an internal announcement. “I needed a break anyway.” He also provided a glimpse of what’s in store for Binance: “We will get through, although with some changes in structure.”

Born in China, Zhao moved to Vancouver when he was 12 and became a Canadian citizen. With a computer science degree from McGill University, he began a career building trading systems, including a stint at Bloomberg LP, the parent company of Bloomberg News.

In 2013, Zhao was running his own software company in Shanghai when he discovered Bitcoin over a poker game. After working at crypto firms Blockchain.info and OKCoin, he started Binance in 2017 together with Chief Marketing Officer Yi He, with whom he has children.

Binance quickly embarked on an acquisition spree that saw it morph into a brokerage, digital wallet, venture fund, custody service, data provider, digital-art marketplace and token issuer — all under Zhao’s direct control.

Within just a few years, Zhao was the richest person in crypto. Favoring a buzz cut and black polo shirts featuring Binance’s logo, he became a fixture on the crypto conference circuit, spending 580 hours on airplanes in 2022 by his own estimate.

The lack of separation between business actives such as custodial and trading services common among crypto exchanges, unlike in traditional finance — has stirred concerns that giant crypto exchanges like Binance could pose systemic risks.

When Bankman-Fried’s FTX imploded in November 2022, billions of dollars of client funds were trapped because FTX had lent assets to the hedge fund he also controlled, Alameda Research, which had made huge losing bets. Zhao himself helped hasten FTX’s demise with a post on Twitter about selling Binance’s holding of its native token FTT, which touched off a stampede to withdraw money from FTX.

Bankman-Fried was convicted of a massive fraud in early November and is awaiting sentencing. He faces the possibility of decades in prison.

Binance and other exchanges have argued that they present no similar risks because all of their client assets are kept separated and thus available for withdrawal at any time. Zhao himself regularly uses the term “SAFU” in tweets to assure customers that their funds are safe.

In the third quarter, the exchange has accounted for about 38% of all trading volumes across the spot market, down from nearly 55% in the first quarter of the year, according to researcher CCData. By comparison, Coinbase Global Inc., the biggest US crypto exchange, had a 5.7% market share in the quarter.

While Zhao publicly displayed defiance amid the charges, Binance authorities were working with regulators behind the scenes. Even Zhao’s official statement back in March was a bit more conciliatory than his “4” tweet, saying the firm was looking for “amicable solutions.”

The 4 tweet quickly became a favorite of his on-line detractors Tuesday. It actually represented, they snickered, the $4 billion fine Binance would pay.

--With assistance from Justina Lee, Emily Nicolle and Isabelle Lee.

Bloomberg Businessweek

Binance sees $956 million in outflows after Zhao steps down to settle US probe



Lisa Pauline Mattackal, Chris Prentice and Jonathan Stempel
Wed, November 22, 2023 

(Reuters) -Investors pulled about $956 million from crypto exchange Binance over the past 24 hours, market data showed, after its chief, Changpeng Zhao, stepped down and faced prison time after pleading guilty on Tuesday to settle a years-long U.S. illicit finance probe.

The deal, in which Binance will pay $4.3 billion to U.S. authorities, raises questions over the future of the world's largest crypto exchange and marks another blow for an industry beset by scandals. Zhao has been replaced by Richard Teng, a senior Binance executive who joined in 2021, the company said.

It remained unclear on Wednesday how much jail time, if any, Zhao would ultimately serve, and how much influence he - as Binance's founder and major shareholder - could continue to exert on Binance under the terms of the settlement.

Some analysts also noted that the deal was unlikely to end the exchange's U.S. legal woes, with Securities and Exchange Commission charges alleging Binance broke U.S. securities laws still unresolved.

"Binance is not entirely out of the woods. The ongoing civil lawsuit with the SEC remains a concern for the exchange, which (is) likely to result in further fines," wrote Robert Le, a crypto analyst at data firm PitchBook.

Data from crypto analytics platform Nansen, which does not include bitcoin flows, signaled some investors had been rattled by the news, pulling $956 million from the exchange. Still, the outflows were small relative to the more than $65 billion of assets that remain on Binance, Nansen said.

As it strived for market dominance, Binance shunned key checks Zhao believed would turn customers off, authorities said.

It failed to report more than 100,000 suspicious transactions, including with organizations the U.S. described as terrorist groups such as Palestinian militant group Hamas, and never reported transactions with websites dedicated to selling child sexual abuse materials.

Binance did not immediately respond to a request for comment, but said on Tuesday it had worked hard to make Binance "safer and even more secure." Lawyers for Zhao did not respond to requests for comment on Wednesday. On Tuesday, he conceded "I made mistakes, and I must take responsibility."

PRISON TIME

While authorities have probed Zhao and Binance since at least 2018, Zhao's exit marks a dramatic development for one of the most powerful figures in the crypto industry. Zhao, who resides in the United Arab Emirates (UAE), entered his plea in a Seattle court on Tuesday.

He faces a maximum prison sentence of 18 months under federal guidelines and has agreed not to appeal any sentence up to that length. Prosecutors will take a position on how much jail time to seek closer to Zhao's Feb. 23 sentencing hearing in Seattle, a Justice Department spokesperson said on Wednesday.

"But we do reserve the right to seek a sentence above the guidelines."

Zhao paid a $175 million bail bond, with another $15 million held in a trust account, a court filing showed. He has agreed to return to the United States 14 days before sentencing.

Reuters could not immediately ascertain his whereabouts on Wednesday. At Tuesday's hearing, Zhao's lawyers said he would remain in the Seattle area through Monday evening, and would be able to then return to the UAE, provided the district judge did not object to his agreement with the government, another DOJ spokesperson said.

Later on Wednesday, federal prosecutors urged a federal judge to block Zhao from leaving the continental United States prior to his February sentencing, saying in a court filing that Zhao posed a serious flight risk despite his bail conditions.

"There is no combination of conditions sufficient to protect against the risk of flight and ensure Zhao's return" for sentencing, the prosecutors said.

Some legal experts said they did not expect Zhao to spend more than a year in prison, maybe less, citing Arthur Hayes, former chief of crypto exchange BitMEX, who likewise pleaded guilty to anti-money laundering violations.

Hayes was ultimately sentenced to six months of house arrest in 2022, even though the government sought prison time. Other senior BitMEX executives charged did not serve time.

However, FTX founder Sam Bankman-Fried could spend decades in prison after being found guilty this month of defrauding customers of his now-bankrupt crypto exchange.

Based on the alleged facts, prosecutors likely could have charged Zhao with more serious crimes carrying heavier sentences, but had to weigh that against the probability that he would have stayed abroad to avoid capture, legal experts said.

"To get the CEO to plead guilty should not be scoffed at," said Daniel Silva, a partner at law firm Buchalter and former federal prosecutor.

The settlement also bars Zhao from "any present or future involvement in operating or managing" Binance, which he founded in 2017 and has maintained a tight grip on since. He remains a major shareholder and said on Tuesday he will be "available to the team to consult as needed, consistent" with the deal.

"This could give him a hook on which to exercise control – through the usual corporate governance channels (e.g., shareholder voting," Yesha Yadav, a law professor at Vanderbilt University, wrote in an email to Reuters.

"At the same time, I imagine that the Binance will be looking to be very careful."

(Additional reporting by Luc Cohen; Editing by Michelle Price, Richard Chang and Jamie Freed)