Of the corrupt, for the corrupt, by the corrupt
An early definition of kleptocracy, given by Singaporean journalist-turned-politician Sinnathamby Rajaratnam in a speech in 1968, was that it is a “a society of the corrupt, for the corrupt, by the corrupt”. It’s a neat formulation, with its echo of Abraham Lincoln’s most famous line from the Gettysburg Address. And I’m curious about how exactly a society can change from Lincoln’s dream to Rajaratnam’s nightmare.
The first bit to go is the last part of the phrase – “by the corrupt” – because winning elections is the easiest thing for crooks to achieve in a society with well-established institutions. It’s the other stuff that gives the crooks trouble. Once corrupt people are in government, the middle part of the phrase – “for the corrupt” – does not necessarily follow. If the institutions remain run by honest people, kleptocracy not only may not take root, but the corrupt politicians may be pushed out of office by the next election.
HOW KLEPTOCRACY TAKES ROOT
So something I’ve been keeping an eye on since Donald Trump’s inauguration is how the Securities and Exchange Commission treats Justin Sun. In case you don’t remember him, Sun is a Chinese crypto billionaire who spent $6.2 million on a banana, then ate it.
In March 2023, the SEC charged Sun and eight celebrities (including Lindsay Lohan, which I was disappointed by, being a fan of both Mean Girls and The Parent Trap) with fraudulently promoting crypto tokens. “Sun paid celebrities with millions of social media followers to tout the unregistered offerings, while specifically directing that they not disclose their compensation,” said Gurbir Grewal, head of the SEC’s enforcement division at the time. “This is the very conduct that the federal securities laws were designed to protect against.”
Six of the celebrities agreed to pay up to settle the charges at the first opportunity, another did a few months later. But Sun was in no hurry, which may have been a sensible policy. Last week, lawyers for Sun and the SEC wrote to the Manhattan judge overseeing the case asking that it be put on hold, saying they’ll come back with a status report in two months’ time. Now, this may all be procedural and above board, but it also may not be.
By September 2024, Trump began to talk about a new crypto company he was launching called World Liberty Financial. It had the admittedly clever tagline: “Be DeFiant” (DeFi of course meaning decentralized finance, the term for digital peer-to-peer transactions). But Trump’s venture struggled to hit its fund-raising target until it found a cornerstone investor: Justin Sun, who put in $75 million.
“This guy,” said World Liberty co-founder Zak Folkman at a forum in Hong Kong last month, with a gesture towards Sun, who was sitting beside him, “saw that regardless of the outcome, this project is a monumental move forward for the entire crypto community.” It is not yet clear what if anything, besides fundraising, World Liberty actually does, but at the same event, Folkman – who once set up a company called ‘Date Hotter Girls LLC’ – said its success came despite there being “no special treatment to anybody who purchased the token.”
Hmmm, about that. Now, it’s clearly not true that the Trump White House is going easy on crypto just because Sun gave Liberty Financial $75 million. The SEC has already dropped a case against Coinbase, and last summer Trump was already telling a crypto conference that “when we see the attacks on crypto, it’s a part of a much larger pattern that’s being carried out by the same left-wing fascists who weaponize government against any threat to their power.”
Since his inauguration, Trump has issued an Executive Order promising to make the United States the “crypto capital of the planet.” Pausing the investigation into Sun could just be part of a general reluctance to enforce regulations or crackdown on crypto. And the cryptocurrency Sun founded was not named as part of the national crypto reserve mooted by Trump.
But the Sun case didn’t ever really have anything to do with crypto as such anyway, and the SEC was always careful to make clear it was charging him for the way he marketed his token, not for the fact of it. “We’re neutral about the technologies at issue, we’re anything but neutral when it comes to investor protection,” said Grewal.
So, from the point of view of people who don’t want the United States to tilt further towards Rajaratnam’s definition of a kleptocracy, it would be nice if the SEC maintained its case against Sun or else made very very very very clear that any decision to drop the case was in no way connected to the fact that he gave the US president’s company a nine-figure sum. It would also be nice if the Trump White House was prepared to promise action against some of the more egregious crypto frauds, but not many people are holding their breaths.
PROTECTING THE PRIVACY OF KLEPTOCRATS
On an unrelated note, it appears that Sun also shares the Trump White House’s, er, particular approach to which kinds of free speech should actually be free. Sun, reportedly, put pressure on a crypto trade publication to take down an article critical of his stunt with the banana. Spending six million dollars on a banana should, apparently, be above reproach.
Talking of free speech and those who believe themselves to be above reproach: the authorities in the uber wealthy Swiss town of Cologny were not cool about the idea that some journalists might stage walking tours pointing out homes bought with the proceeds of some of the more egregious bits of financial crime enabled by folks nearby.
“The residential area perched above the lake is a popular refuge for certain kleptocrats, potentates and other financial pirates,” the event’s publicity announced, before it got cancelled because the local authorities wouldn’t give permission for it to go ahead. Which is to say: the world may be changing more quickly with each passing minute, but Switzerland isn’t.
A version of this story was published in this week’s Oligarchy newsletter. Sign up here.