The man contacted Canadian police, who told him the assets had been transferred out of the country and that they were unable to trace it.
Man reports losing $100,000 to website spoofing a crypto exchange
Kraken fined $5.1 million by Australian securities regulator
The more than 1,100 customers lost more than US$5 million. While some of the customers were likely sophisticated investors, Kraken made no effort to limit the product to such a group. Around 81% of the customers who used Kraken's margin product lost money.
This is far from Kraken's first run-in with regulators. The company has settled with US regulators over sanctions violations and failure to comply with securities regulations pertaining to its staking product. They also have an open lawsuit from the US SEC over alleged unregistered securities offerings and commingling corporate and customer funds.
- "Kraken crypto exchange operator to pay $8 million following ASIC enforcement action", Australian Securities and Investments Commission press release
CertiK and Kraken accuse each other of misconduct over bug report and $3 million "testing"
However, others have noted that the number of transactions and amount of cryptocurrency taken by CertiK while "investigating" the bug seems to far exceed the norm for whitehat security researchers, and that they took cryptocurrency amounting to millions of dollars — making their "testing" look a lot more like a blackhat theft. Furthermore, CertiK made several transfers to Tornado Cash as part of their "testing" — an entity that is sanctioned by the United States.
Kraken alleged that CertiK did not disclose the full extent of their employees' transactions, and refused to return the $3 million they had taken. They also alleged that CertiK had attempted to extort them. Kraken said they had been in contact with law enforcement, and were "treating this as a criminal case".
Ultimately, CertiK returned the funds. However, it's not clear if criminal action may be ongoing.
Kraken sued by U.S. SEC
Furthermore, the SEC claims that Kraken commingled corporate and customer funds, "at times pa[ying] operational expenses directly from bank accounts that hold customer cash."
Kraken's new CEO, Dave Ripley, posted on Twitter that the company "plan[s] to vigorously defend [their] position" that they do not list securities.
Kraken ordered to turn over user information to U.S. tax investigators
Although Kraken argued against the order, describing it as an "unjustified treasure hunt", the judge determined that the IRS was justified in its request, and ordered Kraken to cough up the records. The IRS alleged that although the exchange has more than 4 million users, and has processed $140 billion in trades since its inception in 2011, only 288,330 of those users have filed tax returns.
Kraken to suspend ACH transfers after Silvergate collapse
Kraken ends staking, pays $30 million fine in settlement with U.S. SEC
According to the SEC, Kraken had failed to register its staking-as-a-service program, which had generated $147 million in revenue.
This is not Kraken's first run-in with authorities, after paying a $360,000 fine to OFAC in November for sanctions violations.
Kraken pays over $360,000 to settle violations of sanctions against Iran
The OFAC investigation was first revealed in July, in reporting from the New York Times.
- Settlement Agreement between the U.S. Department of the Treasury’s Office of Foreign Assets Control and Payward, Inc. ("Kraken"), U.S. Department of the Treasury
Kraken lays off 1,100 employees in 30% cut
Crypto executive exodus continues
Now, Genesis' managing director has stepped down after five years. Kraken CEO Jesse Powell relinquished his title, planning to remain at the firm as a chairman. Alex Mashinsky has resigned as the CEO of Celsius Network in the midst of bankruptcy proceedings. And FTX US president Brett Harrison will also be stepping down.
- "Genesis director to step down and move into advisory role", Cointelegraph
- "C.E.O. of Kraken, the Cryptocurrency Exchange, Steps Down", The New York Times
- "C.E.O. of Celsius, the Crypto Bank, Resigns", The New York Times
- "Brett Harrison will step down as FTX US president, move into advisory role", Cointelegraph