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Once known as a crypto-friendly financial institution, Silvergate Bank was recognized for providing financial services to cryptocurrency companies. Based in La Jolla, California, the bank was a significant player in the crypto market, particularly with its Silvergate Exchange Network (SEN). However, the collapse of FTX triggered a series of investigations into the bank’s practices and its relationship with FTX.
Investigations and Penalties Surface
Silvergate Bank faced investigations from various regulatory bodies, including the Federal Reserve, the Securities and Exchange Commission (SEC), and the California Department of Financial Protection and Innovation (DFPI). The Federal Reserve announced that Silvergate would pay a total of $63 million in penalties. The California DFPI imposed a $20 million fine, while the SEC’s share in the settlement was $50 million. These penalties aim to address allegations of misleading investors about the bank’s compliance programs and financial stability.
Comprehensive investigations by the Federal Reserve, SEC, and DFPI revealed numerous deficiencies in Silvergate’s anti-money laundering (AML) and know-your-customer (KYC) protocols. Silvergate’s compliance program was found inadequate in addressing risks associated with cryptocurrency clients. The bank’s automated monitoring system, SEN, failed to flag suspicious transfers.
FTX’s Collapse and Misleading Investors
SEC Enforcement Division Director Gurbir Grewal stated that instead of addressing serious deficiencies in its compliance programs following FTX’s collapse, Silvergate misled investors about the robustness of these programs. Silvergate failed to detect approximately $9 billion in suspicious transfers between FTX and related entities. This led to a significant drop in the bank’s shares and substantial losses for investors.
Former Silvergate executives Alan Lane and Kathleen Fraher agreed to settle the SEC’s charges without admitting or denying the allegations. They will pay fines of $1 million and $250,000, respectively, and face a five-year ban from serving as officers and directors. However, former CFO Antonio Martino plans to contest the SEC’s allegations in court. Martino’s attorney, Adam Lurie, stated that his client acted reasonably and in good faith during his tenure at Silvergate.
As of March 2023, Silvergate Bank voluntarily liquidated. To oversee the liquidation process smoothly, the DFPI and the Federal Reserve Board issued a joint cease and desist order in May 2023. This was part of a broader strategy to ensure the orderly liquidation of Silvergate Bank.
