California ‘Swiftly’ Shuts Down BlockFi—Only Two Years After Investors Lost Their Money

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As a seasoned crypto investor who has weathered through numerous market cycles and witnessed the rise and fall of various platforms, I can’t help but feel a sense of deja vu when reading about BlockFi’s downfall. The California Department of Financial Protection and Innovation (DFPI) finally taking action against BlockFi seems like a case of too little, too late for many affected investors like myself.

The delayed response by the Department of Financial Protection and Innovation is due to a sequence of investigations and lawsuits triggered by BlockFi’s non-compliance with California’s rigorous financial rules under the California Financing Law (CFL). This ruling permanently prohibits BlockFi from engaging in lending operations within the state, which represents a substantial setback for the company as it works towards resolving its financial obligations.

Initially, in November 2022, the DFPI temporarily halted BlockFi’s license issuance. This action followed closely after BlockFi had already declared bankruptcy. The DFPI cited that BlockFi breached several Consumer Financial Protection Interpretations, potentially undermining loan repayment assurance and consumer wellbeing. Some of the significant infractions included BlockFi not evaluating borrowers’ capacity to repay loans and levying interest prior to disbursing loan funds to borrowers.

The DFPI’s post-event analysis shows that BlockFi did not provide required credit counseling services to their borrowers, nor did they report repayment data to credit agencies. This oversight may have significant, long-term consequences for the credit ratings and future loan eligibility of borrowers.

As a crypto investor, I’ve been keeping a close eye on BlockFi, and their lending practices have recently come under scrutiny. It was discovered that they had misrepresented the annual percentage rates (APRs) in their loan disclosure documents, which raised concerns about transparency. Consequently, the Department of Financial Protection and Innovation (DFPI) decided to impose a fine of $175,000 on BlockFi. However, given BlockFi’s current bankruptcy status, the DFPI graciously waived this penalty to enable the company to focus its resources on settling debts owed to creditors. These creditors are still waiting for their compensation as BlockFi continues to wrap up its operations.

Beyond the regulatory issues it faced in California, BlockFi’s financial instability can be attributed to its substantial ties to the downfall of FTX, a well-known cryptocurrency exchange managed by Sam Bankman-Fried. In July 2022, BlockFi extended a $400 million line of credit and had an extra $275 million loan with FTX US. This made FTX one of BlockFi’s most significant unsecured creditors. When FTX filed for bankruptcy in November 2022, BlockFi suffered a major financial blow, eventually leading to its own bankruptcy filing and the shutdown of its operations.

In March 2024, BlockFi agreed on a $875 million settlement with the bankrupt estates of FTX and Alameda Research, a related trading company. This move aimed to recover some of BlockFi’s financial losses. The settlement allowed BlockFi to initiate initial creditor repayments via the Coinbase platform in July 2024 as part of its ongoing efforts to settle its debts. Despite this, as of April 2023, BlockFi’s outstanding liabilities were projected to surpass $10 billion, affecting over 100,000 creditors due to its financial failure.

Despite not protecting any BlockFi users, in an ironic statement, DFPI Commissioner Clothilde V. Hewlett emphasized the regulator’s commitment to protecting consumers in California’s financial marketplace, particularly in emerging sectors like crypto lending, which often involve higher risk profiles. “While we encourage innovation in our financial marketplace, companies must comply with laws and protect consumers to continue operating in California,” Hewlett stated in a press release. 

BlockFi’s permanent withdrawal from California is due to their license being revoked, a move that followed their closure of their web platform in May 2024.

 

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2024-11-09 16:54