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Larry Ellison Is Subpoenaed by Twitter in Musk Buyout Battle

(Bloomberg) — Twitter Inc. subpoenaed Oracle Corp. founder Larry Ellison in its legal battle to make Elon Musk complete his proposed $44 billion purchase of the social media company. 

Last week the company subpoenaed an official of a trust Ellison controls that committed $1 billion to Musk’s proposed buyout. Now the company has notified Delaware Chancery Court that it has subpoenaed Ellison himself.

Read More: Twitter Seeks Musk Deal Insight From Larry Ellison’s Trust

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Francisco Partners Hires Carlyle’s Ashley Evans as a Partner

(Bloomberg) — Francisco Partners, which raised almost $17 billion for two new funds, hired Carlyle Group Inc. veteran Ashley Evans as a partner, according to people with knowledge of the matter.

Evans is set to join the San Francisco-based firm next month, said the people, who requested anonymity because the appointment isn’t yet public. 

Francisco Partners declined to comment. A Carlyle spokeswoman confirmed Evans left in July and declined to comment further.

Evans was most recently a partner in Carlyle’s technology, media and telecommunications group, and joined the firm in 2006. She’s worked with companies including HireVue Inc., Jagex Ltd., Neogov, Saama Technologies, TriNetX, ZoomInfo Technologies Inc. and Veritas, according to Veritas’s website. 

Francisco Partners, led by co-founder and Chief Executive Officer Dipanjan “DJ” Deb, in 2018 sold a minority stake to units of Goldman Sachs Group Inc. and Blackstone Inc. Evans is slated to be the firm’s third female partner, in addition to Megan Austin Karlen and Christine Wang. 

Watch: Carlyle’s Evans on Value in the Tech Space (Video)

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Crypto Mixer Used by North Korea Slapped With US Sanctions

(Bloomberg) — Tornado Cash, a popular cryptocurrency service that allows users to mask their transactions, was sanctioned by the US Treasury Department after North Korean hackers relied on it to launder illicit gains, officials announced on Monday. The sanctions bar American companies and individuals from doing business with it.

The platform facilitates anonymous transactions by mixing funds from different sources before transmitting them to the ultimate beneficiary. Tornado Cash has been used to launder more than $7 billion in virtual currency, a senior Treasury official said in a press conference. North Korea’s Lazarus Group has laundered about $450 million through the service, according to the official. It was also used to launder more than $100 million in the June hack of the Harmony blockchain’s Horizon Bridge, which allows crypto trading between other blockchains, the official said.

Described  by administration officials as the go-to mixer for cyber criminals, Tornado Cash became the second such service targeted by the Treasury Department. In May, the agency issued sanctions against Blender.io, which was also allegedly used by North Korean hackers to launder illicit proceeds from hacking. Following the sanctions, it appears Blender.io is no longer operating, the official said.

The action against Tornado is a “watershed” moment and the Treasury’s “most significant action in the crypto space to date,” said Ari Redbord, head of legal and government affairs at TRM Labs, a blockchain analysis firm used by governments and financial institutions to fight fraud, money laundering and financial crime, in an email. “This designation sends a message that the US government will not tolerate mixing services that cannot stop illicit actors from using their services.”

Tornado Cash, which was created in 2019, couldn’t immediately be located for comment via its Twitter page. Administration officials declined to provide details on where it is based or who is behind it. 

The sanctions against Tornado Cash represent the latest effort by the administration to disrupt the illegal flow of funds from cyberattacks. In addition to sanctioning another crypto mixer earlier this year, the administration has targeted other entities that it says have enabled hackers to cleanse illicit funds, including seizing what was described as the world’s largest darknet market, Hydra Market, in April and sanctioning last year the virtual currency exchange Suex OTC for its alleged role in ransomware attacks.

North Korea has been accused of using hacking to steal money to finance Supreme Leader Kim Jong Un’s regime, including to pay for weapons. A senior Biden administration official said there have been seven major hacks of cryptocurrency-related entities since the first of the year. Among the hacks tied to North Korea was the heist of Horizon Bridge, and the hackers sent 41% of the $100 million to the Tornado Cash mixer, the blockchain forensics company Elliptic Enterprises Ltd. said in June. 

Tornado Cash is designed to preserve privacy on the Ethereum blockchain. Its technology breaks the link between the sender and receiver’s addresses on transactions sent to the Ethereum blockchain. The protocol has been used in the past by hackers who took $34 million from Crypto.com. 

Tornado Cash has more than 39,000 unique users, according to its site. Nearly 3.5 million Ether has been deposited into the service. Because it’s decentralized, sanctioning the service might be hard: If it’s shut down in one location, support will simply pop up in another. 

In an interview, one of the founders of Tornado Cash said it was “technically impossible” for sanctions to be enforced against decentralized protocols because of how they are designed. The project is smart contract-based, meaning that decisions are made by pre-written software programs instead of individuals. It also doesn’t provide any custodian services or have a centralized host for its website.

“We don’t have more access to it than any other users” of the protocol, Roman Semenov, one of three founders of Tornado Cash said in an interview from Thailand. “There’s not much we can do.”

Many researchers have found ways to trace funds going through Tornado and other mixers. In June, researcher Elliptic used its Tornado demixing capability to trace all of the funds stolen in the Horizon Bridge hack, for example, through Tornado and onwards to other wallets. Users of Elliptic can screen wallets and transactions for links to the stolen funds – even those that have passed through Tornado, the company said.

“While they may be decentralized, Treasury is saying that you need to have compliance controls,” TRM Labs’s Redbord said. “In the age of crypto a hack by North Korea means the ability to use funds for weapons proliferation. Treasury is saying that mixing services like Tornado Cash are not going to be allowed to facilitate the laundering of hacked funds.”

(updates with additional details throughout.)

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Biden Says Legislation Will Help Democrats in Midterms

(Bloomberg) — President Joe Biden took a victory lap after the Senate passed a sweeping tax, health and climate bill, predicting it will boost Democrats in the November midterm elections. 

“Do I expect it to help? Yes, I do. It’s going to immediately help,” Biden told reporters Monday in Dover, Delaware, before traveling to Kentucky to tour flood damage. 

The Senate’s vote on Sunday handed Biden a long-sought win on key parts of his domestic agenda. Republicans nonetheless are still seen as having the upper hand in congressional elections this fall, with the public’s mood still sour over inflation and recession fears.

Biden’s allies hope that the measure — along with others like his Covid rescue plan, infrastructure law, gun safety law and bills on semiconductor subsidies and veterans health care — help give candidates a strong message to run on and inspire previously demoralized Democratic voters to cast ballots in the fall.

The president pointed out that seniors on Medicare will have their annual out-of-pocket costs for prescription drugs capped at $2,000, saying “that’s a big deal” — echoing his famously profane remark to then-President Barack Obama upon the passage of the Affordable Care Act.   

He said the measure contains a “whole range” of provisions that will help lower the cost of living for many Americans, though he conceded that it could take time for ordinary people to see the benefits.

“Now some of it’s not going to kick in for a little bit, but it’s all good,” Biden said. 

The bill, which the House has yet to pass, incentivizes renewable energy projects and electric vehicle sales, imposes a new minimum tax on corporations and a tax on stock buybacks, allows the government to negotiate certain drug prices and extends Obamacare premium subsidies. In total, it would spend $437 billion over a decade. 

At a time of high inflation and an impending recession, the bill also gives Republicans ample material to campaign against. 

(Updates with additional information starting in third paragraph)

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Stocks Pare Gains as Treasuries Push Higher: Markets Wrap

(Bloomberg) — Stocks pared gains as Treasuries jumped, with traders anxiously awaiting inflation data later this week for clues on the pace of Federal Reserve rate hikes.

The S&P 500 traded well below session highs as a gloomy forecast from giant chipmaker Nvidia Corp. weighed on technology shares — the only group in the red on Monday. Tesla Inc. joined a rally in electric-vehicle firms after the US Senate passed a key tax, climate and health-care bill. Bed Bath & Beyond Inc. led shares of meme shares and others favored by individual investors higher as the home-goods retailer gained for a ninth straight session.

Friday’s strong job data added to the case for more Fed monetary tightening, and traders are looking to inflation numbers due this week for clues on the policy path. Rate-hike expectations have pushed up Treasury yields and the dollar, while a key part of the US bond curve is close to the most inverted level since 2000, suggesting investors foresee a recession as the Fed applies the brakes on the economy.

US jobs beat forecasts by “enough to re-ignite the inflation debate and renew focus on US CPI prints,” said Peter McCallum, a strategist at Mizuho International Plc in London. “Indeed, a very unexpected move lower in US CPI is needed for the market to stop thinking about the Fed having to do more. And with more tightening, the probability of a hard landing rises.”

A better-than-feared second-quarter earnings season sparked a rally in stocks last month as investors bet that margins could withstand inflationary pressure. Optimism around a dovish tilt in Fed policy amid weaker economic data has also lifted sentiment.

But strategists at Morgan Stanley and Goldman Sachs Group Inc. expect corporate profit margins to contract next year given unrelenting cost pressures, an outlook that is at odds with the mood in equity markets. According to Morgan Stanley’s Michael J. Wilson, among the most vocal bears on US stocks, “the best part of the rally is over.”

Morgan Stanley, Goldman Strategists See a Dimming Profit Outlook

US inflation data this week could inject more market swings. While price pressures may be topping out, it’s unclear if they will persist at stubbornly high levels. The latest comments from Fed officials left a question mark over wagers on a policy pivot toward reducing borrowing costs next year.

 

The Worst Is Yet to Come for US Credit Markets: MLIV Pulse

What to watch this week:

  • US CPI data, Wednesday
  • China CPI, PPI Wednesday
  • Chicago Fed President Charles Evans, Minneapolis Fed President Neel Kashkari due to speak, Wednesday
  • US PPI, initial jobless claims, Thursday
  • San Francisco Fed President Mary Daly is interviewed on Bloomberg Television, Thursday
  • Euro-area industrial production, Friday
  • US University of Michigan consumer sentiment, Friday

Some of the main moves in markets:

Stocks

  • The S&P 500 rose 0.1% as of 11:43 a.m. New York time
  • The Nasdaq 100 was little changed
  • The Dow Jones Industrial Average rose 0.2%
  • The Stoxx Europe 600 rose 0.7%
  • The MSCI World index rose 0.4%

Currencies

  • The Bloomberg Dollar Spot Index fell 0.3%
  • The euro rose 0.3% to $1.0212
  • The British pound rose 0.2% to $1.2100
  • The Japanese yen rose 0.3% to 134.60 per dollar

Bonds

  • The yield on 10-year Treasuries declined five basis points to 2.77%
  • Germany’s 10-year yield declined six basis points to 0.90%
  • Britain’s 10-year yield declined 10 basis points to 1.95%

Commodities

  • West Texas Intermediate crude rose 1% to $89.88 a barrel
  • Gold futures rose 0.8% to $1,805.90 an ounce

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Russian Weapon Systems Rely Heavily on Foreign Tech, Report Says

(Bloomberg) — Russian military systems depend highly on microelectronics components designed and produced in the US, Europe and east Asia, according to a report published Monday based on an examination of the remains of equipment used by the Kremlin’s forces in Ukraine. 

The report by the Royal United Services Institute in London inspected 27 weapon systems including state-of-the art cruise missiles and drones that were used since Russian President Vladimir Putin invaded Ukraine in February. It found at least 450 foreign-made components that were critical to their operation. 

Putin has acknowledged his domestic industry’s dependence on foreign technology since the start of the war, and signed a law in June that allows the import of electronics without the patent owner’s approval. International sanctions banning the sale of semiconductors and dual-use technology, which has both military and commercial applications, have aimed to deter Russia from using such equipment in weapons. 

Russia’s military has used a huge amount of fire power after its plan for a quick victory was thwarted by Ukrainian resistance, and may have trouble replacing the equipment given its inability to domestically produce critical components through its import substitution programs, according to RUSI. 

“The degradation in Russian military capability could be made permanent if appropriate policies are implemented,” RUSI analysts including James Byrne and Gary Somerville wrote. 

US-based companies provided most of the equipment, responsible for 70% of components discovered in the weapons. Japan, Taiwan and European Union members also provided many of the materials. 

While some of the components are prosaic microelectronics produced as far back as the 1980s, others were probably acquired via clandestine networks run by Russian security agencies, the report said. 

RUSI recommended a series of measures including strengthening export controls, preventing the manufacture of sensitive microelectronics under license in states that back Russia and cracking down on transshipment of controlled goods to Russia, in order to prevent its military from rearming. 

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Nvidia Disappoints With Big Miss in Revenue on Slump in Gaming

(Bloomberg) — Nvidia Corp. shocked Wall Street with a big miss on quarterly revenue, saying a slowdown in the gaming industry is eroding demand for the high-end graphics cards used in specialty computers. 

Revenue will be $6.70 billion, Nvidia said Monday in reporting preliminary results for its second quarter ahead of the scheduled Aug. 24 announcement. That compares with the company’s earlier forecast of $8.1 billion, and the shares fell the most on the Nasdaq 100 Index after the news.

Nvidia’s disappointment underscored a squeeze rippling across the industry: Still pressured by pandemic-era supply and shipping constraints on hardware, companies now face users with dwindling time available to play games and a slower launch schedule of new titles. Most of the major gaming companies have reported declining sales or weaker outlooks this year, from PlayStation maker Sony Group Corp. to Microsoft Corp., which sells the Xbox console. 

“Our gaming product sell-through projections declined significantly as the quarter progressed,” Nvidia Chief Executive Officer Jensen Huang said in a statement Monday. “As we expect the macroeconomic conditions affecting sell-through to continue, we took actions with our Gaming partners to adjust channel prices and inventory.”

The stock dropped 5.6% to $179.25 at 10:38 a.m. in New York, extending a decline of 35% this year through Aug. 5. 

Nvidia had already flagged strains on its performance in its second quarter, which ended July 31. The Santa Clara, California-based company said in May Covid-19 lockdowns in China disrupted production and transportation lines, making it harder for companies like Nvidia to capitalize on demand for chips. Russia’s invasion of Ukraine also weighed on its outlook, and together the problems were expected to cut sales by about $500 million in the fiscal second quarter, Nvidia said.

Gaming revenue in the second quarter fell 44% from the previous quarter and 33% from a year earlier to $2.04 billion, Nvidia said. Revenue from chips used in data centers was $3.81 billion, up 61% from a year earlier.

Full second-quarter results will include about $1.32 billion of charges, “primarily for inventory and related reserves, based on revised expectations of future demand,” Nvidia said.

“The significant charges incurred in the quarter reflect previous long-term purchase commitments we made during a time of severe component shortages and our current expectation of ongoing macroeconomic uncertainty,” said Chief Financial Officer Colette Kress.

The US chip industry has been waiting for more than $50 billion to be deployed from the US Chips Act passed by the Senate last year. The legislation was aimed at boosting domestic manufacturing and helping resolve pandemic-related shortages in computer chips, but legislative battles have kept spending on hold.

 

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Biden, Democrats Get a Rare Chance to Crow Heading Into Midterms

(Bloomberg) — President Joe Biden and his party finally scored the win they’ve been waiting for heading into the November congressional elections.

But it’s uncertain it will be enough to save them from the nation’s sour mood over inflation. At about $437 billion in new spending over a decade, the tax and climate bill passed by the Senate Sunday is a shadow of the $4 trillion Biden first proposed, much less the $10 trillion plan progressive Democrats sought more than a year ago. 

Nonetheless it represents a cornerstone achievement of the president’s first term, despite the White House staying mostly on the sidelines as Senate Majority Leader Chuck Schumer and two moderate Democrats, Joe Manchin and Kyrsten Sinema, shaped its final form.

Biden has noted that success required compromises. Asked Monday whether he believes the legislation will help lift Democrats in the midterm election, Biden said, “Yes, I do. It’s going to immediately help.”

In a time of high inflation and looming recession, the higher spending and taxes also offer Republicans plenty to campaign against.

Biden’s economic agenda has been bookended by his early success in passing the American Rescue Plan, which Republicans blame for triggering the current inflation surge, and now the Inflation Reduction Act, which most outside analysts have concluded will have modest effects on reducing prices.  

“Last year, Democrats jammed through trillions of dollars in reckless spending that fueled the worst inflation in 40 years. Now, Democrats insist on pouring fuel on the fire with another partisan tax-and-spending spree that will only further exacerbate a recession we’re already likely in,” Pennsylvania GOP Senator Pat Toomey said.

Unusual Unity

Getting there required Democrats to put aside more than a year of intraparty squabbling. They showed an unusual level of unity during a nonstop weekend marathon of votes on amendments, even rejecting proposals that in other circumstances most of them would have backed, in order to keep the bill — and the fragile coalition behind it — intact.

Progressive Democrats swallowed provisions for fossil fuels and other items that they stood firmly against earlier this year, settling for what they consider half-measures to get something out the door before the fall campaigns begin in earnest in September. 

Their House counterparts, who had been pushing hard for expansive action on climate change and more spending on social programs such as child care, have indicated they were ready to back the legislation when the chamber meets Friday for a vote on final passage. While many priorities were cut, the bill takes “real steps forward on key progressive priorities,” Representative Pramila Jayapal, chair of the Congressional Progressive Caucus, said in a statement.

The question still to be answered is whether it is enough to keep Democrats in control of Congress. 

Amy Walter, the editor of the Cook Political Report, said passing the bill could motivate some in the Democratic base to turn out in the midterm elections. 

“For Democrats who have been struggling to find something good coming out of Washington in the past couple of months this can convince them to stick with the party,” she said. 

But Walter said that far more motivating for Democrats right now is the Supreme Court decision to overturn Roe v. Wade and the persistence of Donald Trump on the political scene. 

Swing voters mostly won’t notice economic effects from the bill by November, she noted, and far more important is falling gas prices and whether they continue to fall for their sentiment.

An ABC News/Ipsos poll released Sunday showed that more than two-thirds of Americans fear the economy is getting worse and only 37% said they approved of the way the president is handling the economy.  Other polls show inflation — which is at a 40-year high — as the top issue for voters.

Republicans, who universally opposed the bill, have zeroed in on those sentiments, arguing that the Democrats’ legislation wouldn’t put the brakes on inflation and could tip the US into recession by taxing big companies. 

“The party in power is rarely, if ever, politically rewarded in midterms for bills it passes” said Kyle Kondik, managing editor of the non-partisan Sabato’s Crystal Ball at the University of Virginia. “Sometimes the party in power is punished.”

Democrats, who control the House and Senate by only the narrowest margin, clearly have those vulnerabilities in mind, giving the bill its aspirational name. 

Although the process started with Biden, it was Manchin, from Republican-dominated West Virginia, and Sinema, representing a closely divided swing state, who were center stage for the final act. Both are pivotal Democratic votes in the 50-50 Senate.

In the early stages, Biden wooed Sinema and Manchin with Oval Office meetings to lobby them to get behind his proposal. Last October, Biden publicly announced agreement on a framework on taxes and social spending plan that was meant to fulfill a central promise of his presidential campaign. 

Breakthrough Talks 

But that collapsed in December when Manchin walked away from a $2 trillion version of Biden’s agenda that would have provided paid family leave, as well as expanded child tax credits, Medicaid coverage, childcare subsidies and Medicare hearing coverage. Sinema rarely tipped her hand, but never embraced the larger plan.

An administration official said Sunday that Biden and top White House officials had been involved in keeping the efforts alive. Biden and Manchin held a series of private calls in recent months, and senior aide Steve Ricchetti maintained communication with the West Virginia senator. White House chief of staff Ron Klain held a dinner with Manchin in the spring, while Brian Deese, the head of Biden’s National Economic Council, traveled to West Virginia to speak with Manchin and his staff, which the official said helped generate a framework for the deal.

Meanwhile, Schumer re-engaged with Manchin in secretive talks this spring to revive a $1 trillion version. But those talks blew up in early July, when Manchin balked at the deal after data showed inflation topping 9%. Still, White House staff stayed in contact with Manchin and Schumer’s offices, including direct calls from Biden to the senators. Deese also traveled to Capitol Hill to meet with their staffers to discuss details. 

 

Later in July, Schumer and Manchin made a surprise announcement that the tax and climate provisions were back in the mix, shocking Washington out of summer doldrums. GOP Senator Rick Scott said on Bloomberg Television that he thought “Republicans were duped” because the deal was announced after they agreed to vote for an unrelated bill to provide billions to semiconductor manufacturers. Republican Senate leader McConnell had said that semiconductor vote would only happen if Biden’s economic agenda was done for.

Manchin agreed to the outline of the deal after he got some attention in it for fossil fuels and secured a promise to pass a separate bill easing environmental reviews of energy projects. Meanwhile, he and Schumer had kept their negotiations close to the vest, not even sharing them with Sinema because, in Manchin’s words, the deal could’ve gone “sideways” at any moment.

In the end, Democrats hailed it as a monumental step, the beginning of the messaging they will need to turn the bill into a political victory.

“We had many bumps in the road, many times when it looked like it wouldn’t happen, but we didn’t give up. We got it done,” Schumer said at a news conference after the vote. “I think it is going to help us in November tremendously.”

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Novogratz’s Galaxy Digital Quarterly Loss More Than Doubles on Crypto Collapse

(Bloomberg) — Galaxy Digital Holdings Ltd., the crypto financial services firm founded by billionaire Michael Novogratz, said its second-quarter loss more than doubled against a backdrop of digital asset price declines. 

The net comprehensive loss was $554.7 million, compared with $182.9 million in the year-ago period, primarily due to unrealized losses on digital assets and on investments in its trading and principal investments businesses. That was partially offset by profitability in its mining business, the company said in a statement Monday.

After the deleveraging of crypto lending platforms, “we’ve seen a bounce from there as the fear went away,” said Novogratz, chief executive officer of Galaxy, during the earnings call. “Now the industry needs new energy,” such as the upcoming Ethereum upgrade known as the Merge, which has led to a rally in price of the second largest token, he added. 

Galaxy has filed a claim against Three Arrows Capital, and the exposure was small and hedged within the context of its balance sheet, Novogratz said. Galaxy’s credit portfolio took an impairment of about $10 million in the quarter ended June 30, for which it took full loan-loss reserve and is actively working to recover. 

On its credit business, “we’ve got market share to gain there as most of our competitors have been wounded and we’re not,” said Novogratz. The New York-based company has over $1.5 billion in liquidity, including over $1 billion in cash, he said.  

Novogratz, a big promoter of Terraform Labs, the company behind collapsed tokens Terra and Luna, said during a July conference that the incident showed both the industry and retail investors “had very, very little concept of risk management.” 

Galaxy is also looking for merger and acquisition opportunities. Mining is one sector that are facing the most challenges now, Novogratz said. “We think we’ve got a role to play in both lending and potentially consolidation in that space.”

Galaxy’s asset management unit was managing nearly $1.7 billion as of June 30, a 40% decrease from prior quarter. The firm said it still intends to complete its plan to become a Delaware-incorporated company and list on the Nasdaq upon completion of ongoing SEC review, subject to stock exchange approval of a listing. 

Toronto-listed shares of Galaxy jumped 20% on Monday, though they are still down more than 60% this year. 

(Adds commentary from earnings call)

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Zipmex to Ease Some Bitcoin, Ether Withdrawals

(Bloomberg) — Asia crypto exchange Zipmex Pte will allow users to partially withdraw Bitcoin and Ether from their trading accounts starting later this week, providing some relief to those caught by the recent meltdown in the digital asset market.  

Zipmex, which halted withdrawals in July due to a liquidity crunch after its exposure to troubled Babel Finance went bad, will let users withdraw part of their Ether from August 11 and Bitcoin from August 16 from Zipmex’s Z Wallet, according to the company’s spokesperson. 

Read: Zipmex Seeks $50 Million After Freezing Crypto Withdrawals

The move comes after Zipmex recently started to unlock some altcoins. The firm eased the withdrawals of Solana’s SOL, Ripple’s XRP and Cardano’s ADA starting last week. These steps follow Thailand’s Securities & Exchange Commission order to Zipmex’s Thai unit to lift a freeze on some digital coins. 

With the latest step, around 60% of users will get all their five tokens that are being released under this allowance, the spokesperson said.

The crypto exchange, that also operates in Singapore, Indonesia and Australia, is one of several crypto firms hit by a $2 trillion meltdown in the market that has forced many players to halt withdrawals and some to file for bankruptcy.

Zipmex has filed for a moratorium in Singapore for protection from creditors against any lawsuits and to buy time for raising funds. The court hearing for moratorium is due on August 15 in the city-state.

(Company corrects to clarify what users will get back in fourth paragraph.)

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