Ah, Super Bowl 2022. It was ... the Rams vs the Bengals? Full disclosure: I had to Google that just now because all I remember about that game is the crypto ads.
There was Larry David ironically dismissing crypto as a fad. Matt Damon basically daring us all to put our money into crypto — "fortune favors the brave." And of course, there was Tom Brady and Gisele Bundchen, ever so coolly telling their friends about this new, simple way to get into crypto, FTX. "You in?" they asked. "I'm in," everyone replies.
The most remarkable thing about the ad, apart from the two of them being so disgustingly beautiful, is how they manage to seem like relative normies who would actually call their plumber to give him a good tip about a smart investment. It makes you feel like you could go on a double date with Tom and Gisele — they're just like us, really, if you look past their extreme wealth, superstardom and their personal chef whipping up gourmet vegan meals.
Anyway, cut to a year later, and we're beginning to learn more about just how in they were on FTX. Not only did they peddle the hype on TV, they were also putting their own money behind the enterprise.
Brady owns 1.1 million common shares of FTX, while Bundchen owns 686,000 shares, according to bankruptcy court documents filed Monday.
Whatever Brady and Bundchen paid for their stakes, they, along with hundreds of other investors, will almost certainly see their positions completely wiped out. (The court documents didn't disclose what investors paid for their shares or detail when they were acquired.)
At its peak, the privately held FTX was valued at around $32 billion.
When companies go bankrupt, stockholders are typically the last in line to recover any funds. US bankruptcy laws stipulate that creditors — in FTX's case, customers who'd deposited money on the platform — be repaid first.
A representative for the pair, who divorced in October, didn't immediately respond to a request for comment.
Their role in boosting FTX has already come under legal scrutiny. Soon after FTX's collapse in Novemeber, a customer filed a proposed class-action lawsuit against FTX founder Sam Bankman-Fried, along with Brady, Bundchen and several other celebrity backers.
A key question in that or any other case against FTX's backers will be whether cryptos can be treated as securities under the law. (The Securities and Exchange Commission has said they are; the industry widely disagrees.) One law professor told my colleague Jennifer Korn that plugging crypto has different implications than, say, endorsing a sports drink or athletic wear.
"Selling an asset that is a financial instrument … is not the same thing as selling sneakers," says Charles Whitehead, professor at Cornell Law School. "There are anti-fraud and consumer-protection rules for selling bad sneakers. There are more restrictive rules when you're talking about selling financial assets."
He added: "All these celebrities who are running around and doing these sorts of sponsorships should stop and ask a securities lawyer."
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