1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:22-cv-23753-KMM

EDWIN GARRISON, et al., on behalf of 

themselves and all others similarly situated,

Plaintiffs, 

v. 

SAM BANKMAN-FRIED, et al.,

Defendants.

/

DECLARATION OF JOSEPH KAYE IN SUPPORT OF 

PLAINTIFF’S MOTION TO SERVE DEFENDANT SHAQUILLE O’NEAL THROUGH

ALTERNATE MEANS

I, Joseph Kaye, hereby declare as follows:

1. Except as otherwise indicated and supported through cited materials in this 

declaration, including affidavits of our process servers, I have personal knowledge of the facts 

stated herein, and if called upon as a witness, I would and could testify competently to the matters 

set forth herein.

2. I am a Partner with The Moskowitz Law Firm, PLLC, and am reside in the State of 

Florida, am over the age of 18, and am sui juris.

3. Shaquille O’Neal has demonstrably had actual notice of this action since at least 

December 15, 2022, when CNBC published an article containing O’Neal’s comments during his 

interview with CNBC Make It that week regarding the allegations in this suit:1

1 See “Shaq distances himself from crypto and FTX collapse: ‘I was just a paid spokesperson,’” 

dated December 15, 2022, published at https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftxpost-collapse-i-was-just-a-paid-spokesperson.html (accessed April 7, 2023).

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 1 of 67
Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.

Case No. 1:22-cv-23753-KMM

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“A lot of people think I’m involved, but I was just a paid spokesperson for a 

commercial,” O’Neal says.

. . . 

Today, O’Neal cites his friendship with Curry as a reason he consented to appear 

in the ad. A spokesperson for Curry declined to comment.

In the ad, O’Neal told viewers that he checked his FTX account daily. But when 

asked now if he’s bullish on crypto, he offers a simple response: “No.”

“People know I’m very, very honest,” O’Neal says. “I have nothing to hide. If I was 

heavily involved, I would be at the forefront saying, ‘Hey.’ But I was just a paid 

spokesperson.”

It’s unclear how much money O’Neal made from his FTX endorsement deal.

Despite O’Neal’s actual knowledge of this action for at least the last four months and his claim 

that he has “nothing to hide,” to date he has not allowed himself to be served with process, has not 

had counsel confirm that they will represent him in this action, or otherwise appeared in this action.

4. Shaquille O’Neal owns and has owned a large number of homes all across the 

country, from Florida and Georgia, to Texas, to Nevada and California.2 Plaintiffs’ Counsel’s 

investigation showed, however, that while Defendant O’Neal is regularly on the move between 

these locations (making personal service of process more difficult than with an average American), 

he was likely spending much of his time in Texas, based on reports that he “is expanding [his] Big 

Chicken franchise to Texas, and as a result, he has bought a house there to help facilitate the 

move.”3

5. The process servers made several service attempts at the most recent, last-known 

address listed for Defendant O’Neal in Texas. After learning that Defendant O’Neal sold his 

2 https://www.realtor.com/news/celebrity-real-estate/every-home-shaquille-oneal-has-ownedpast-and-present/ (accessed April 7, 2023). 

3 https://thesportsrush.com/nba-news-shaquille-oneal-has-a-new-1-22-million-home-in-northtexas-amid-big-chicken-restaurant-expansion-plans/ (accessed April 7, 2023). 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 2 of 67
Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.

Case No. 1:22-cv-23753-KMM

3

former Sugarland residence (apparently to his ex-wife, Arnetta Yardbourgh), Plaintiffs’ Counsel’s 

investigation showed that Defendant O’Neal recently purchased another home in Texas, but the 

address was not listed and did not show up in the process server’s skip trace. See Composite 

Exhibit A. After combing through public records and reports of the purchase of the new home (all 

of which did not list the address of the property because (1) O’Neal did not purchase the home in 

his individual capacity and (2) the reports only stated his home was in “Carrollton, Texas” and 

gave the statistics for the home, such as the square footage and number of bedrooms or bathrooms), 

Plaintiffs’ Counsel finally located an article that gave away the full address of 4012 Sahara Court, 

Carrollton, Texas 75010.4 Since obtaining the address, Plaintiffs’ Counsel and the process servers

have made numerous attempts at effecting service on O’Neal at his Carrollton address, including 

through personal service and through FedEx (serving the summons, complaint, and the pending 

MDL petition), and Plaintiffs’ Counsel have directed the process servers to continue attempting 

service. See Comp. Ex. A.

6. At the same time, Plaintiffs’ Counsel worked to determine whether there are any 

attorneys who represent or have previously represented Defendant O’Neal who either (1) intend 

to represent him, (2) will accept service on his behalf, or (3) would provide information to facilitate 

his service. 

7. Plaintiffs’ counsel first reached out to Benjamine Reid, Clifton R. Gruhn, and 

Jeffrey A. Cohen, shareholders at the Miami office of Carlton Fields who recently represented Mr. 

O’Neal in many different litigation,5 with Notice of Commencement and Request for Waiver of 

4 https://www.housedigest.com/913481/take-a-tour-of-shaquille-oneals-stunning-new-texashome/ (accessed April 7, 2023). 

5 https://www.law.com/dailybusinessreview/2021/05/13/slam-dunk-carlton-fields-lawyers-score413k-in-attorney-fees-for-shaquille-oneal/ (accessed April 7, 2023); see also 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 3 of 67
Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.

Case No. 1:22-cv-23753-KMM

4

Service forms and a copy of the operative Amended Complaint. See Composite Exhibit B. They 

disclaimed knowledge of O’Neal’s representation and declined to forward the materials to Mr. 

O’Neal. Id.

8. Then, Plaintiffs’ Counsel contacted Peter W. Ross and Eric C. Lauritsen of Ross 

LLP, who represented O’Neal as recently as two months ago,6 with Notice of Commencement and 

Request for Waiver of Service forms and a copy of the operative Amended Complaint. See Exhibit 

C. On a phone call, attorney Lauritsen similarly disclaimed any personal knowledge of O’Neal’s 

representation or whereabouts. Mr. Ross’s response to Plaintiffs’ Counsel’s email is outstanding.

9. Finally, Plaintiffs’ Counsel contacted attorney Dennis Roach, who has apparently 

represented and worked with O’Neal in various matters for years.7 On a phone call, Mr. Roach 

confirmed that O’Neal was his client. When asked whether he represented him in this action or if 

he knew who did, he said to send him the information and he would “speak to the powers that be” 

to confirm and would “get back” to Plaintiffs’ Counsel. Plaintiffs’ Counsel followed up with an 

email with Notice of Commencement and Request for Waiver of Service forms and a copy of the 

operative Amended Complaint. See Exhibit D. 

10. Plaintiffs’ Counsel followed up with Mr. Roach on March 29, 2023, but to date has 

received no further response.

https://www.abajournal.com/news/article/biglaw_lawyers_sanctioned_for_advising_shaquille_o

neal_he_didnt_need_to_att (accessed April 7, 2023). 

6 https://www.law360.com/articles/1570921/shaq-settles-suit-against-pot-co-allegingmismanaged-funds (accessed April 7, 2023). 

7 https://abcnews.go.com/Sports/shaq-lawyer-calls-incident-horseplay/story?id=23045999

(accessed April 7, 2023); https://www.prnewswire.com/news-releases/shaquille-oneal-unveils-allstar-board-of-directors-for-the-shaquille-oneal-foundation-301273421.html (accessed April 7, 

2023). 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 4 of 67
Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.

Case No. 1:22-cv-23753-KMM

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11. On March 10, 2023, Plaintiffs filed a Response to the Court’s Show Cause Order, 

[ECF No. 99], explaining the issues with serving O’Neal with process and requesting an extension 

of time to continue their efforts, which the Court granted by an Order extending the deadline for 

Plaintiffs to serve Defendant O’Neal to April 17, 2023. ECF No. 101. 

12. In addition to the previous attempts to serve O’Neal outlined above, Plaintiffs have 

attempted personal service on Defendant O’Neal at his Texas residence on 8 additional occasions 

over nearly a month. See Composite Exhibit E (affidavits of nonservice and affidavit of due 

diligence). After the eighth attempt, Plaintiffs’ process server in Texas received a text message 

later that night, stating “shaq lives in the Bahamas u stupid fuck give beth shaw my regards.” Id.

at 3 (emphasis added). Plaintiffs’ investigation confirms O’Neal does not live in the Bahamas.

13. Beth Shaw is the process server’s wife, which the sender of the text (from 518-816-

0323) would only have known after conducting a background check into Mr. Shaw, who left his 

business card at O’Neal’s residence during his attempts at service, which included his name and 

phone number. Id. Believing the text to have originated from O’Neal or someone acting on his 

behalf, Mr. Shaw was no longer comfortable attempting to personally serve Mr. O’Neal with 

process, fearing for his and his wife’s safety. 

14. Plaintiffs’ counsel have also made efforts to serve Defendant O’Neal in Georgia, 

where he also maintains a residence. Process servers made 12 attempts at O’Neal’s Georgia 

residence, and were unable to locate or contact O’Neal. See Composite Exhibit F (affidavits of 

nonservice). Plaintiffs’ counsel also sent the summons and operative complaint via FedEx to 

O’Neal’s Georgia residence and his office at Turner Sports in Atlanta (from where O’Neal 

regularly appears on TNT). See Composite Exhibit G (FedEx Delivery Confirmations with 

Pictures). Further, Plaintiffs’ counsel sent via FedEx the summons, operative complaint, necessary 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 5 of 67
Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.

Case No. 1:22-cv-23753-KMM

6

check, and cover letter to the Civil Unit of Henry County Sheriff’s Office (where O’Neal is a 

Director of Community Relations),8 requesting assistance in effecting service of process on Mr. 

O’Neal. See Composite Exhibit H. The check cleared April 3, 2023, though to date Plaintiffs’ 

Counsel have received no response from the Henry County Sheriff’s Office.

15. On April 6, 2023, Plaintiffs created the Service Webpage, and served O’Neal with 

the link to the Service Webpage (1) via direct message from The Moskowitz Law Firm’s Twitter 

account to one of O’Neal’s verified Twitter accounts (@DJDiesel); 910 (2) via direct message from 

The Moskowitz Law Firm’s Instagram account to O’Neal’s verified Instagram accounts (@Shaq 

and @DJDiesel); and (3) via email to O’Neal’s prior and current counsel in other matters. See 

Composite Exhibit I. The direct message to O’Neal’s accounts read as follows:

Mr. O’Neal, in accordance with Federal Rule of Civil Procedure 4(e)(1) and Texas 

Rule of Civil Procedure 106(b)(2), please find the summons, operative complaint, 

and other important materials regarding the claims filed against you in the action 

pending in the Southern District of Florida before the Honorable Judge K. Michael 

Moore, styled Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753 (S.D. 

Fla.): https://moskowitz-law.com/service-by-publication-of-garrison-v-bankmanfried-122-cv-23753-sd-fla-on-shaquille-oneal

8 https://www.safehenry.com/keep-in-touch-with-site-visitors-and-boost-loyalty (accessed April 

7, 2023).

9 O’Neal made history back in 2008 as the first ever verified Twitter user with his @Shaq account, 

and it is common knowledge that he manages his own Twitter and social media accounts as a 

means of interacting directly with his fanbase. See https://www.essentiallysports.com/nbabasketball-news-way-before-elon-musks-twitter-blue-tick-fiasco-shaquille-oneal-made-historyon-1-billion-worth-social-media-platform/ (accessed April 7, 2023); see also 

https://theathletic.com/1234609/2019/09/24/shaquille-oneal-early-adoption-twitter-changedathlete-relations-forever/ (accessed April 7, 2023). While it appears O’Neal disabled direct 

messages to his @Shaq Twitter account, the Service Website link was direct messaged to his 

@DJDiesel Twitter account and both his @Shaq and @DJDiesel Instagram accounts.

10 O’Neal moonlights as “DJ Diesel,” producing electronic music and DJing at festivals around 

the country. https://www.essentiallysports.com/nba-basketball-news-dj-diesel-shaquille-onealchose-to-pursue-a-career-in-electronic-music-because-of-its-similarity-to-basketball/ (accessed 

April 7, 2023).

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 6 of 67
Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.

Case No. 1:22-cv-23753-KMM

7 

This is the same action you publicly commented on December 15, 2022: “Shaq 

distances himself from crypto and FTX collapse: ‘I was just a paid spokesperson,’” 

dated December 15, 2022, published at https://www.cnbc.com/2022/12/15/shaqon-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 

Thank you. 

See Comp. Ex. I.

16. O’Neal is extremely active on his social media accounts. The number of posts made 

on each account since this action was filed and the date of the most recent posts are as follows:

• @Shaq (Instagram – 30 million followers and 3,752 posts): April 4, 2023; 127 posts 

since this action was filed. O’Neal includes what is apparently his cell phone 

number on this account, stating “Text me 818-583-8345” in the headline. O’Neal 

posted on April 9, 2020, confirming this was his number: 

https://www.instagram.com/p/B-xlr1nl1Qn/ (accessed April 7, 2023). 

• @DJDiesel (Instagram – 397K followers and 399 posts): March 21, 2023; 21 posts 

since this action was filed.

• @Shaq (Twitter – 15.9M followers and 10.4K tweets since November 2008): April 

5, 2023; 57 posts since this action was filed.

• @DJDiesel (Twitter – 77.3K followers and 550 tweets since September 2019): 

April 5, 2023; 30 posts since this action was filed. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and accurate to the best of my knowledge and belief.

Executed April 7, 2023.

By: ___________________________________ 

 Joseph Kaye 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 7 of 67
Composite

Exhibit $

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 8 of 67
3/9/23, 1:35 PM Job Details

https://www.pstprostatus.net/asp/jobdetail.aspx?ID=2023000253 1/2

2C

Log Out

Details for Job 2023000253

General Information

Party To Be Served: SHAQUILLE O'NEAL

Person To Be Served: None

Received Date/Time: 2/21/2023 6:06 PM

Documents To Be Served: SUMMONS & AMENDED COMPLAINT (21 DAYS)

Court Date/Time: None

Case Information

Case Number: 22-CV-23753-KMM

Judge: None

Plaintiff: EDWIN GARRISON, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS

SIMILARLY SITUATED

Defendant: SAM BANKMAN-FRIED, ET AL.

Case Date Filed: 12/16/2022

Amended Date Filed: None

Service Information

N/A - Job is not finished.

Servee Addresses

Address(es)

(2ND ADD) 4012 SAHARA COURT, CARROLLTON, TX

Comments

Show Location Column

Date/Time Body

3/8/2023

3:41 PM

Another attempt to contact Leonard Armato, 310-545-1000. Left a voicemail. Rejane, do you think its a

good idea that you call him as well since you are from the law firm directly? I figured we could team up

and call him simultaneously. Let me know. I will keep trying regardless.

3/6/2023

12:15 PM

Service Type: Unsuccessful Attempt Description of Service: No answer at door. The call back card left

prior, is gone. Service Address 4012 Sahara Ct, Carrollton, TX 75010

3/6/2023

4:25 PM

I left a voice mail for Shannon. She is the executive assistant for Perry Rogers (702) 214-5570. He

represents Shaq. I will keep you posted. I also called the server to find out how many more attempts

he has made.

2/24/2023

12:28 PM Sent the server the 2nd address of 4012 Sahara Court, Carollton, TX. He will attempt it next week.

2/23/2023

6:36 PM

I ran a skip trace. He has not registered a new home address. I sent an email to https://prp-lv.com/

which I believe is his agent or publicist. I will let you know if they reach out to me. His skip trace is

attached.

I made an attempt this morning. There was no response at the door. No lights on either. There was a

black Honda in the driveway, but it did not have a license plate. There was also an Escalade with the

plate number PYS3074. The plate came back registered to Arnetta Yardbourgh. She is listed as a

resident and the car is registered at that address. I was surprised that there were no security gates or

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 9 of 67
3/9/23, 1:35 PM Job Details

https://www.pstprostatus.net/asp/jobdetail.aspx?ID=2023000253 2/2

a call box. Pictures attached. Need another address. Rejane do you want a skip trace for him or do

you have another address for him?

Attachments

Purpose Description Format Show Attachment

Picture Pictures JPG Picture Show Attachment

Picture Picture JPG Picture Show Attachment

N/A SKIP TRACE Adobe PDF Show Attachment

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 10 of

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From: TrackingUpdates@fedex.com

To: Rejane Passos

Subject: FedEx Shipment 771339070967: Your package has been delivered

Date: Wednesday, February 22, 2023 1:13:59 PM

FedEx

Hi. Your package was

delivered Wed, 02/22/2023 at

12:08pm.

Delivered to 4012 SAHARA CT, Carrollton, TX 75010

Left at front door.

OBTAIN PROOF OF DELIVERY

Delivery picture not showing? View in browser.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 14 of

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TRACKING NUMBER 771339070967

FROM The Moskowitz Law Firm 

208 N. Market Street, Suite LL-B 

Dallas, TX, US, 75202

TO Shaquille ONeal 

Shaquille ONeal 

4012 Sahara Ct 

CARROLLTON, TX, US, 75010

REFERENCE FTX - MDL+COMPL

SHIP DATE Tue 2/21/2023 12:00 AM

PACKAGING TYPE Package

ORIGIN Dallas, TX, US, 75202

DESTINATION CARROLLTON, TX, US, 75010

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 4.00 LB

SERVICE TYPE FedEx Ground

Get the FedEx®

Mobile app

Create shipments, receive tracking

alerts, redirect packages to a FedEx

retail location for pickup, and more

from the palm of your hand

- Download now.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 15 of

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FOLLOW FEDEX

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 12:13 PM CST 02/22/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

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Thank you for your business. 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 16 of

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Composite

Exhibit%

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 17 of

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1

Rejane Passos

Subject: FW: Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753-KMM -- Shaquille O'Neal Request for 

Waiver of Service

From: Reid, Benjamine

Sent: Wednesday, March 8, 2023 1:27 PM

Subject:

We do not represent Mr. O’Neal and I am unaware of any counsel who does.

Benjamine Reid

Carlton Fields, P.A.

305.205.2780 (c)

305.539.7222(o)

[cid:imagefa3d7c.PNG@87de7f4c.48a67bcc]<http://>

Benjamine Reid

Attorney at Law

2 MiamiCentral

700 NW 1st Avenue, Ste. 1200

Miami, Florida 33136Ͳ4118

Direct: 305.539.7222 | Mobile: 305.205.2780

breid@carltonfields.com<mailto:breid@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com>

bio<https://www.carltonfields.com/team/r/benjamineͲreid> |

vcard<https://www.carltonfields.com/Libraries/CarltonFields/Media/Attorney%20Vcards/BenjamineͲReid.vcf?ext=.vcf>

Carlton Fields is ISO 27001:2013 certified

Confidential: This eͲmail contains a communication protected by the attorneyͲclient privilege or constitutes work

product. If you do not expect such a communication please delete this message without reading it or any attachment

and then notify the sender of this inadvertent delivery.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 18 of

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From: Joseph Kaye

To: breid@carltonfields.com; cgruhn@carltonfields.com; jacohen@carltonfields.com

Cc: Adam Moskowitz; dboies@bsfllp.com; aboies@bsfllp.com; Brooke Alexander; Stephen N. Zack; Rejane Passos

Subject: Re: Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753-KMM -- Shaquille O"Neal Request for Waiver of

Service

Date: Monday, March 6, 2023 6:33:11 PM

Attachments: Garrison v. Bankman-Fried - Waiver Request - Shaquille O"Neal.pdf

Garrison v. Bankman-Fried - Waiver Return - Shaquille O"Neal.pdf

D.E. 16 Amended Complaint.pdf

Good afternoon Messrs. Reid, Gruhn, and Cohen,

We represent Plaintiffs and the putative classes in the above-referenced action. A copy of

the operative complaint is attached. I am reaching out to you with a Notice of

Commencement of Action and Request for Waiver of Service for your client, Shaquille

O’Neal (both forms attached). We know Mr. O’Neal is aware of the complaint

(https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paidspokesperson.html) and are in the process of personally serving him, but wanted to send

this along to you in order to expedite the process and avoid the cost of personal service to

the extent possible. Please let me know if you have any questions or wish to discuss, thank

you. 

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740-1423

Direct: (786) 309-9585

Note: The information in this email is confidential and intended to be legally privileged. If

you are not the intended recipient, you must not read, use or disseminate the information

contained herein; please advise the sender immediately by reply email and delete this

message and any attachments without retaining a copy. Although this email and any

attachments are believed to be free of any viruses or other defects that may affect any

computer system into which it is received and opened, it is the responsibility of the

recipient to ensure that it is virus-free and no responsibility is accepted by The Moskowitz

Law Firm or the sender of this email for any loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 19 of

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communications) regarding one or more Federal (i.e., United States) tax issues to meet

certain standards. Those standards involve a detailed and careful analysis of the facts and

applicable law which we expect would be time consuming and costly. We have not made

and have not been asked to make that type of analysis in connection with any advice given

in this e-mail. As a result, we are required to advise you that any Federal tax advice

rendered in this e-mail is not intended or written to be used and cannot be used for the

purpose of avoiding penalties that may be imposed by the IRS.

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3/9/23, 1:27 PM Shaq on crypto, FTX, post-collapse: 'I was just a paid spokesperson'

https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 1/7

Shaquille O’Neal Scott Mlyn | CNB Scott Mlyn | CNBC

How this 39-year-old earns $26,000 a year in

California

An 85-year Harvard study found the No. 1

thing that makes us happy in life: It...

This aban

into a 31-u

Jade Scipioni

@JADESCIPIONI

Cameron Albert-Deitch

@C_ALBERTDEITCH

SHARE $

NEXT GEN INVESTING

Shaq distances himself from crypto and FTX collapse:

‘I was just a paid spokesperson’

Published Thu, Dec 15 2022•11:16 AM EST Updated Mon, Dec 19 2022•3:48 AM EST

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 21 of

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3/9/23, 1:27 PM Shaq on crypto, FTX, post-collapse: 'I was just a paid spokesperson'

https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 2/7

FTX collapse ensnares celeb investors

Shaquille O’Neal wants to make one thing clear: He doesn’t believe in crypto, if he

ever did.

That’s after being named in a class-action lawsuit against now-bankrupt

cryptocurrency exchange FTX last month, for promoting the company in a June

commercial.

In an interview with CNBC Make It this week, the 50-year-old businessman and

Basketball Hall of Famer took questions about his relationship with FTX while

discussing his other business ventures.

O’Neal has a long history of investing in companies he promotes, including his

current enterprise, Shaq’s Fun House, an annual part-festival, part-carnival event.

Those investments often pan out: O’Neal makes more off the court than he did as an

NBA star, he told HBO’s “Real Sports with Bryant Gumbel” in 2018.

But when it comes to FTX, he says, he was merely a celebrity in an ad.

“A lot of people think I’m involved, but I was just a paid spokesperson for a

commercial,” O’Neal says.

On Tuesday, the U.S. Securities and Exchange Commission accused FTX founder and

former CEO Sam Bankman-Fried of orchestrating a “brazen” years-long fraud,

misusing customer funds to benefit himself and his crypto hedge fund, Alameda

Research.

Bankman-Fried was arrested on Monday by Bahamian authorities, likely leading to

extradition and a U.S. trial, CNBC reported. He’ll face at least eight charges from

federal prosecutors in the Southern District of New York, including several counts of

conspiracy and fraud.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 22 of

67
3/9/23, 1:27 PM Shaq on crypto, FTX, post-collapse: 'I was just a paid spokesperson'

https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 3/7

‘I don’t understand [crypto], so I will probably stay away’

 9:56

FTX’s collapse is shaking crypto to its core. The pain may not be over

Customers have been unable to withdraw funds from FTX since the company

declared bankruptcy last month. As many as one million creditors, according to an

FTX bankruptcy filing, are unsure if they’ll ever get their money back.

The class-action lawsuit naming O’Neal is a legal proceeding separate from the

federal government’s charges. It alleges that FTX’s spokespeople “either controlled,

promoted, assisted in [or] actively participated” in a plot to “aggressively market” the

company.

Other athletes and celebrities from FTX’s commercials — including Steph Curry, Tom

Brady, and comedian Larry David — were also named in the lawsuit. Texas is now

separately investigating some celebrity FTX endorsers for potentially violating state

securities laws, according to Bloomberg.

The ex-basketball star’s commercial was somewhat of a surprise: Last year, O’Neal

told CNBC Make It that he was actively avoiding cryptocurrency.



Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 23 of

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3/9/23, 1:27 PM Shaq on crypto, FTX, post-collapse: 'I was just a paid spokesperson'

https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 4/7

“I don’t understand it, so I will probably stay away from it until I get a full

understanding of what it is,” he said, adding: “From my experience, it is too good to

be true.”

O’Neal told Front Office Sports last year that he’d declined promotional offers from

various crypto entities.

“I always get these companies that say, ‘Hey, we’ll give you $900,000 in crypto to

send out a tweet,’” O’Neal said. “So I have to say, ‘OK, if you’re going to give me a

million dollars worth of crypto, then why do you need me?’”

He may have had a change of heart in late 2021, though: Over the past year, O’Neal

changed his Twitter display name to “SHAQ.ETH” and “SHAQ.SOL” to promote NFT

collections underpinned by the Ethereum and Solana cryptocurrency platforms.

“I’m excited to be partnering with FTX to help make crypto accessible to everyone,”

O’Neal said in the June commercial. “I’m all in. Are you?”

Today, O’Neal cites his friendship with Curry as a reason he consented to appear in

the ad. A spokesperson for Curry declined to comment.

In the ad, O’Neal told viewers that he checked his FTX account daily. But when

asked now if he’s bullish on crypto, he offers a simple response: “No.”

“People know I’m very, very honest,” O’Neal says. “I have nothing to hide. If I was

heavily involved, I would be at the forefront saying, ‘Hey.’ But I was just a paid

spokesperson.”

It’s unclear how much money O’Neal made from his FTX endorsement deal. Investor

and entrepreneur Kevin O’Leary, who also endorsed FTX and is named in the suit,

told CNBC’s “Squawk Box” last week that he was paid $15 million by FTX, and lost it

all: $9.7 million that he’d invested with FTX, more than $1 million in FTX equity and

approximately $4 million in taxes and agent fees.

O’Leary said the money he lost was his alone. “We need to get to the bottom of

what happened at FTX, but we can’t let its collapse cause us to abandon the great

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 24 of

67
3/9/23, 1:27 PM Shaq on crypto, FTX, post-collapse: 'I was just a paid spokesperson'

https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 5/7

promise and potential of crypto,” he testified to the Senate Banking Committee on

Wednesday.

Sign up now: Get smarter about your money and career with our weekly newsletter

Don’t miss: Harvard-educated deception expert: 4 red flags can show when people

like Sam Bankman-Fried are lying

 1:00

Here’s what Shaquille O’Neal did with his first check — and his advice for young people

Trending Now

1 I was VP at Google for 10 years. Here’s the No. 1 skill I looked for at job

interviews—few people had it

2 29-year-old nurse got a ‘once-in-a-lifetime opportunity’ to make $187K and

work only 9 months a year



Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 25 of

67
3/9/23, 1:27 PM Shaq on crypto, FTX, post-collapse: 'I was just a paid spokesperson'

https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 6/7

3 33-year-old with six-figure side hustle: ‘People underestimate how much it

takes to be very successful’

4 Kids who do these 12 things have ‘highly sensitive’ brains—why parenting

experts say it’s an advantage

5 You can live on this cruise ship for $30,000/year—less than the average

cost of rent in NYC

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 26 of

67
3/9/23, 1:27 PM Shaq on crypto, FTX, post-collapse: 'I was just a paid spokesperson'

https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html 7/7

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Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 27 of

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Exhibit &

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 28 of

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From: Joseph Kaye

To: pross@rossllp.la; elauritsen@rossllp.la

Cc: Adam Moskowitz; dboies@bsfllp.com; aboies@bsfllp.com; Brooke Alexander; Stephen N. Zack; Stuart Grossman;

Alex Arteaga-Gomez; Rejane Passos

Subject: Re: Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753-KMM -- Shaquille O"Neal Request for Waiver of

Service

Date: Thursday, March 9, 2023 7:08:53 PM

Attachments: Garrison v. Bankman-Fried - Waiver Request - Shaquille O"Neal.pdf

Garrison v. Bankman-Fried - Waiver Return - Shaquille O"Neal.pdf

D.E. 16 Amended Complaint.pdf

Good afternoon, Mr. Ross,

I spoke with your associate, Eric Lauritsen, a little while ago. He said he was not personally

aware of any of these issues so I wanted to follow up with you in case you are. As I

explained to Eric on the call, we represent Plaintiffs and the putative classes in the abovereferenced action. A copy of the operative complaint is attached.

I see that you both represented Mr. O’Neal very recently in another matter

(https://www.law360.com/articles/1570921/shaq-settles-suit-against-pot-co-allegingmismanaged-funds) so I am reaching out to you with a Notice of Commencement of Action

and Request for Waiver of Service for your client, Shaquille O’Neal (both forms attached).

We know Mr. O’Neal is aware of the complaint (https://www.cnbc.com/2022/12/15/shaqon-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html) and are in the process of

personally serving him, but wanted to send this along to you in order to expedite the

process and avoid the cost of personal service to the extent possible.

Please let us know if you will represent him in this action (or if you can put us in touch

who will), and let me know if you have any questions or wish to discuss, thank you.

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740-1423

Direct: (786) 309-9585

Note: The information in this email is confidential and intended to be legally privileged. If

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 29 of

67
you are not the intended recipient, you must not read, use or disseminate the information

contained herein; please advise the sender immediately by reply email and delete this

message and any attachments without retaining a copy. Although this email and any

attachments are believed to be free of any viruses or other defects that may affect any

computer system into which it is received and opened, it is the responsibility of the

recipient to ensure that it is virus-free and no responsibility is accepted by The Moskowitz

Law Firm or the sender of this email for any loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic

communications) regarding one or more Federal (i.e., United States) tax issues to meet

certain standards. Those standards involve a detailed and careful analysis of the facts and

applicable law which we expect would be time consuming and costly. We have not made

and have not been asked to make that type of analysis in connection with any advice given

in this e-mail. As a result, we are required to advise you that any Federal tax advice

rendered in this e-mail is not intended or written to be used and cannot be used for the

purpose of avoiding penalties that may be imposed by the IRS.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 30 of

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Exhibit '

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 31 of

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From: Joseph Kaye

To: dennis@roachlaw.net

Cc: Adam Moskowitz; dboies@bsfllp.com; aboies@bsfllp.com; Brooke Alexander; Stephen N. Zack; Stuart Grossman;

Alex Arteaga-Gomez; Rejane Passos

Subject: Re: Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753-KMM -- Shaquille O"Neal Request for Waiver of

Service

Date: Thursday, March 9, 2023 6:23:52 PM

Attachments: D.E. 16 Amended Complaint.pdf

Garrison v. Bankman-Fried - Waiver Request - Shaquille O"Neal.pdf

Garrison v. Bankman-Fried - Waiver Return - Shaquille O"Neal.pdf

Good afternoon Mr. Roach,

Thanks for the call just now. As I explained on the call, we represent Plaintiffs and the

putative classes in the above-referenced action. A copy of the operative complaint is

attached. I am reaching out to you with a Notice of Commencement of Action and Request

for Waiver of Service for your client, Shaquille O’Neal (both forms attached). We know Mr.

O’Neal is aware of the complaint (https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftxpost-collapse-i-was-just-a-paid-spokesperson.html) and are in the process of personally

serving him, but wanted to send this along to you in order to expedite the process and

avoid the cost of personal service to the extent possible. Please let us know if you will

represent him in this action (or if you can put us in touch who will), and let me know if you

have any questions or wish to discuss, thank you. 

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740-1423

Direct: (786) 309-9585

Note: The information in this email is confidential and intended to be legally privileged. If

you are not the intended recipient, you must not read, use or disseminate the information

contained herein; please advise the sender immediately by reply email and delete this

message and any attachments without retaining a copy. Although this email and any

attachments are believed to be free of any viruses or other defects that may affect any

computer system into which it is received and opened, it is the responsibility of the

recipient to ensure that it is virus-free and no responsibility is accepted by The Moskowitz

Law Firm or the sender of this email for any loss or damage arising in any way from its use.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 32 of

67
CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic

communications) regarding one or more Federal (i.e., United States) tax issues to meet

certain standards. Those standards involve a detailed and careful analysis of the facts and

applicable law which we expect would be time consuming and costly. We have not made

and have not been asked to make that type of analysis in connection with any advice given

in this e-mail. As a result, we are required to advise you that any Federal tax advice

rendered in this e-mail is not intended or written to be used and cannot be used for the

purpose of avoiding penalties that may be imposed by the IRS.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 33 of

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Composite

Exhibit E

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Composite

Exhibit F

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Composite 

Exhibit G

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 41 of

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From: TrackingUpdates@fedex.com

To: Rejane Passos

Subject: FedEx Shipment 771613382577: Your package has been delivered

Date: Thursday, March 23, 2023 9:20:14 AM

Attachments: DeliveryPicture.jpeg

FedEx

Hi. Your package was

delivered Thu, 03/23/2023 at

9:07am.

Delivered to 279 BRYANS DR, MCDONOUGH, GA 30252

OBTAIN PROOF OF DELIVERY

Delivery picture not showing? View in browser.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 42 of

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TRACKING NUMBER 771613382577

FROM Rejane Passos 

TO Shaquille O'Neal 

279 Bryans Drive 

MCDONOUGH, GA, US, 30252

REFERENCE Shaqui - FTX Complaint + Docs

SHIPPER REFERENCE Shaqui - FTX Complaint + Docs

SHIP DATE Wed 3/22/2023 01:41 PM

DELIVERED TO Residence

PACKAGING TYPE FedEx Envelope

ORIGIN DAVIE, FL, US, 33325

DESTINATION MCDONOUGH, GA, US, 30252

SPECIAL HANDLING Deliver Weekday

Residential Delivery

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 2.00 LB

SERVICE TYPE FedEx Standard Overnight

Get the FedEx®

Mobile app

Create shipments, receive tracking

alerts, redirect packages to a FedEx

retail location for pickup, and more

from the palm of your hand

- Download now.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 43 of

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FOLLOW FEDEX

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 8:19 AM CDT 03/23/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. 

Thank you for your business. 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 44 of

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From: TrackingUpdates@fedex.com

To: Rejane Passos

Subject: FedEx Shipment 771613438621: Your package has been delivered

Date: Thursday, March 23, 2023 3:02:23 PM

FedEx

Hi. Your package was

delivered Thu, 03/23/2023 at

2:55pm.

Delivered to 1050 TECHWOOD DR NW, ATLANTA, GA 30318

Received by K.CORNELIUS

OBTAIN PROOF OF DELIVERY

TRACKING NUMBER 771613438621

FROM Rejane Passos 

TO Turner Sports 

ATTN: Shaquille O'Neal 

1015 Techwood Drive, NW 

ATLANTA, GA, US, 30318

REFERENCE Shaqui - FTX Complaint +Docs

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 45 of

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FOLLOW FEDEX

 Please do not respond to this message. This email was sent from an unattended mailbox.

SHIPPER REFERENCE Shaqui - FTX Complaint +Docs

SHIP DATE Wed 3/22/2023 01:41 PM

DELIVERED TO Residence

PACKAGING TYPE FedEx Pak

ORIGIN DAVIE, FL, US, 33325

DESTINATION ATLANTA, GA, US, 30318

SPECIAL HANDLING Deliver Weekday

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 2.00 LB

SERVICE TYPE FedEx Standard Overnight

Get the FedEx®

Mobile app

Create shipments, receive tracking

alerts, redirect packages to a FedEx

retail location for pickup, and more

from the palm of your hand

- Download now.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 46 of

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This report was generated at approximately 2:02 PM CDT 03/23/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. 

Thank you for your business. 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 47 of

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Composite

Exhibit H

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Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 51 of

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From: TrackingUpdates@fedex.com

To: Rejane Passos

Subject: FedEx Shipment 771639537503: Your package has been delivered

Date: Friday, March 24, 2023 1:44:16 PM

FedEx

Hi. Your package was

delivered Fri, 03/24/2023 at

1:35pm.

Delivered to 120 HENRY PKWY, MC DONOUGH, GA 30253

OBTAIN PROOF OF DELIVERY

TRACKING NUMBER 771639537503

FROM The Moskowitz Law Firm 

TO Henry County Sheriffs Office 

c/o Civil Unit 

120 Henry Pkwy 

MC DONOUGH, GA, US, 30253

REFERENCE FTX - Complain

SHIPPER REFERENCE FTX - Complain

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 52 of

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FOLLOW FEDEX

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 12:44 PM CDT 03/24/2023.

All weights are estimated. 

SHIP DATE Thu 3/23/2023 05:40 PM

PACKAGING TYPE FedEx Envelope

ORIGIN DAVIE, FL, US, 33325

DESTINATION MC DONOUGH, GA, US, 30253

SPECIAL HANDLING Deliver Weekday

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 2.00 LB

SERVICE TYPE FedEx Standard Overnight

Get the FedEx®

Mobile app

Create shipments, receive tracking

alerts, redirect packages to a FedEx

retail location for pickup, and more

from the palm of your hand

- Download now.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 53 of

67
To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. 

Thank you for your business. 

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 54 of

67
Composite

Exhibit I

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 55 of

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1

Rejane Passos

From: Joseph Kaye

Sent: Thursday, April 6, 2023 9:26 PM

To: dennis@roachlaw.net

Cc: Adam Moskowitz; Rejane Passos

Subject: RE: Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753-KMM -- Shaquille O'Neal Request for 

Waiver of Service

Mr. Roach,

https://moskowitzȬlaw.com/serviceȬbyȬpublicationȬofȬgarrisonȬvȬbankmanȬfriedȬ122ȬcvȬ23753ȬsdȬflaȬonȬ

shaquilleȬoneal

In accordance with Federal Rule of Civil Procedure 4(e)(1) and Texas Rule of Civil Procedure 106(b)(2), we are

sending the above hyperlink via direct message from The Moskowitz Law Firm’s official Instagram and

Twitter accounts to Defendant Shaquille O’Neal’s Instagram (@Shaq and @DJDiesel) and Twitter (@Shaq and

@DJDiesel) accounts. We are asking that you similarly provide the above hyperlink to Mr. O’Neal today and

that you confirm by return email that you have done so.ȱȱ

Thank you.

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740Ȭ1423

Direct: (786) 309Ȭ9585

Note: The information in this email is confidential and intended to be legally privileged. If you are not the

intended recipient, you must not read, use or disseminate the information contained herein; please advise the

sender immediately by reply email and delete this message and any attachments without retaining a copy.

Although this email and any attachments are believed to be free of any viruses or other defects that may affect

any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that

it is virusȬfree and no responsibility is accepted by The Moskowitz Law Firm or the sender of this email for any

loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic communications)

regarding one or more Federal (i.e., United States) tax issues to meet certain standards. Those standards

involve a detailed and careful analysis of the facts and applicable law which we expect would be time

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 56 of

67
2

consuming and costly. We have not made and have not been asked to make that type of analysis in connection

with any advice given in this eȬmail. As a result, we are required to advise you that any Federal tax advice

rendered in this eȬmail is not intended or written to be used and cannot be used for the purpose of avoiding

penalties that may be imposed by the IRS.

From: Joseph Kaye <joseph@moskowitzͲlaw.com>

Sent: Wednesday, March 29, 2023 1:34:45 PM

To: dennis@roachlaw.net <dennis@roachlaw.net>

Cc: Adam Moskowitz <Adam@moskowitzͲlaw.com>; Rejane Passos <rejane@moskowitzͲlaw.com>

Subject: RE: Garrison, et al. v. BankmanͲFried, et al., No. 1:22ͲcvͲ23753ͲKMMͲͲShaquille O'Neal Request for Waiver of

Service



Mr. Roach,

Following up on the below. Please let us know, thank you.

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740Ȭ1423

Direct: (786) 309Ȭ9585

Note: The information in this email is confidential and intended to be legally privileged. If you are not the

intended recipient, you must not read, use or disseminate the information contained herein; please advise the

sender immediately by reply email and delete this message and any attachments without retaining a copy.

Although this email and any attachments are believed to be free of any viruses or other defects that may affect

any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that

it is virusȬfree and no responsibility is accepted by The Moskowitz Law Firm or the sender of this email for any

loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic communications)

regarding one or more Federal (i.e., United States) tax issues to meet certain standards. Those standards

involve a detailed and careful analysis of the facts and applicable law which we expect would be time

consuming and costly. We have not made and have not been asked to make that type of analysis in connection

with any advice given in this eȬmail. As a result, we are required to advise you that any Federal tax advice

rendered in this eȬmail is not intended or written to be used and cannot be used for the purpose of avoiding

penalties that may be imposed by the IRS.

From: Joseph Kaye

Sent: Thursday, March 9, 2023 6:23 PM

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 57 of

67
3

To: dennis@roachlaw.net

Cc: Adam Moskowitz; dboies@bsfllp.com; aboies@bsfllp.com; Brooke Alexander; Stephen N. Zack; Stuart Grossman;

Alex ArteagaͲGomez; Rejane Passos

Subject: Re: Garrison, et al. v. BankmanͲFried, et al., No. 1:22ͲcvͲ23753ͲKMMͲͲShaquille O'Neal Request for Waiver of

Service

Good afternoon Mr. Roach,

Thanks for the call just now. As I explained on the call, we represent Plaintiffs and the putative classes in the

aboveȬreferenced action. A copy of the operative complaint is attached. I am reaching out to you with a Notice

of Commencement of Action and Request for Waiver of Service for your client, Shaquille O’Neal (both forms

attached). We know Mr. O’Neal is aware of the complaint (https://www.cnbc.com/2022/12/15/shaqȬonȬcryptoȬ

ftxȬpostȬcollapseȬiȬwasȬjustȬaȬpaidȬspokesperson.html) and are in the process of personally serving him, but

wanted to send this along to you in order to expedite the process and avoid the cost of personal service to the

extent possible. Please let us know if you will represent him in this action (or if you can put us in touch who

will), and let me know if you have any questions or wish to discuss, thank you.ȱȱ

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740Ȭ1423

Direct: (786) 309Ȭ9585

Note: The information in this email is confidential and intended to be legally privileged. If you are not the

intended recipient, you must not read, use or disseminate the information contained herein; please advise the

sender immediately by reply email and delete this message and any attachments without retaining a copy.

Although this email and any attachments are believed to be free of any viruses or other defects that may affect

any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that

it is virusȬfree and no responsibility is accepted by The Moskowitz Law Firm or the sender of this email for any

loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic communications)

regarding one or more Federal (i.e., United States) tax issues to meet certain standards. Those standards

involve a detailed and careful analysis of the facts and applicable law which we expect would be time

consuming and costly. We have not made and have not been asked to make that type of analysis in connection

with any advice given in this eȬmail. As a result, we are required to advise you that any Federal tax advice

rendered in this eȬmail is not intended or written to be used and cannot be used for the purpose of avoiding

penalties that may be imposed by the IRS.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 58 of

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Rejane Passos

From: Joseph Kaye

Sent: Thursday, April 6, 2023 9:26 PM

To: pross@rossllp.la; elauritsen@rossllp.la

Cc: Adam Moskowitz; Rejane Passos

Subject: RE: Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753-KMM -- Shaquille O'Neal Request for 

Waiver of Service

Messrs. Ross and Lauritsen,

https://moskowitzȬlaw.com/serviceȬbyȬpublicationȬofȬgarrisonȬvȬbankmanȬfriedȬ122ȬcvȬ23753ȬsdȬflaȬonȬ

shaquilleȬoneal

In accordance with Federal Rule of Civil Procedure 4(e)(1) and Texas Rule of Civil Procedure 106(b)(2), we are

sending the above hyperlink via direct message from The Moskowitz Law Firm’s official Instagram and

Twitter accounts to Defendant Shaquille O’Neal’s Instagram (@Shaq and @DJDiesel) and Twitter (@Shaq and

@DJDiesel) accounts. We are asking that you similarly provide the above hyperlink to Mr. O’Neal today and

that you confirm by return email that you have done so.ȱȱ

Thank you.

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740Ȭ1423

Direct: (786) 309Ȭ9585

Note: The information in this email is confidential and intended to be legally privileged. If you are not the

intended recipient, you must not read, use or disseminate the information contained herein; please advise the

sender immediately by reply email and delete this message and any attachments without retaining a copy.

Although this email and any attachments are believed to be free of any viruses or other defects that may affect

any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that

it is virusȬfree and no responsibility is accepted by The Moskowitz Law Firm or the sender of this email for any

loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic communications)

regarding one or more Federal (i.e., United States) tax issues to meet certain standards. Those standards

involve a detailed and careful analysis of the facts and applicable law which we expect would be time

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 59 of

67
2

consuming and costly. We have not made and have not been asked to make that type of analysis in connection

with any advice given in this eȬmail. As a result, we are required to advise you that any Federal tax advice

rendered in this eȬmail is not intended or written to be used and cannot be used for the purpose of avoiding

penalties that may be imposed by the IRS.

From: Joseph Kaye

Sent: Thursday, March 9, 2023 7:08:44 PM

To: pross@rossllp.la <pross@rossllp.la>; elauritsen@rossllp.la <elauritsen@rossllp.la>

Cc: Adam Moskowitz <Adam@moskowitzͲlaw.com>; dboies@bsfllp.com <dboies@bsfllp.com>; aboies@bsfllp.com

<aboies@bsfllp.com>; Brooke Alexander <balexander@bsfllp.com>; Stephen N. Zack <szack@bsfllp.com>; Stuart

Grossman <SZG@grossmanroth.com>; Alex ArteagaͲGomez <aag@grossmanroth.com>; Rejane Passos

<rejane@moskowitzͲlaw.com>

Subject: Re: Garrison, et al. v. BankmanͲFried, et al., No. 1:22ͲcvͲ23753ͲKMMͲͲShaquille O'Neal Request for Waiver of

Service



Good afternoon, Mr. Ross,

I spoke with your associate, Eric Lauritsen, a little while ago. He said he was not personally aware of any of

these issues so I wanted to follow up with you in case you are. As I explained to Eric on the call, we represent

Plaintiffs and the putative classes in the aboveȬreferenced action. A copy of the operative complaint is

attached.

I see that you both represented Mr. O’Neal very recently in another matter

(https://www.law360.com/articles/1570921/shaqȬsettlesȬsuitȬagainstȬpotȬcoȬallegingȬmismanagedȬfunds) so I

am reaching out to you with a Notice of Commencement of Action and Request for Waiver of Service for your

client, Shaquille O’Neal (both forms attached).

We know Mr. O’Neal is aware of the complaint (https://www.cnbc.com/2022/12/15/shaqȬonȬcryptoȬftxȬpostȬ

collapseȬiȬwasȬjustȬaȬpaidȬspokesperson.html) and are in the process of personally serving him, but wanted to

send this along to you in order to expedite the process and avoid the cost of personal service to the extent

possible.

Please let us know if you will represent him in this action (or if you can put us in touch who will), and let me

know if you have any questions or wish to discuss, thank you.

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740Ȭ1423

Direct: (786) 309Ȭ9585

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 60 of

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3

Note: The information in this email is confidential and intended to be legally privileged. If you are not the

intended recipient, you must not read, use or disseminate the information contained herein; please advise the

sender immediately by reply email and delete this message and any attachments without retaining a copy.

Although this email and any attachments are believed to be free of any viruses or other defects that may affect

any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that

it is virusȬfree and no responsibility is accepted by The Moskowitz Law Firm or the sender of this email for any

loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic communications)

regarding one or more Federal (i.e., United States) tax issues to meet certain standards. Those standards

involve a detailed and careful analysis of the facts and applicable law which we expect would be time

consuming and costly. We have not made and have not been asked to make that type of analysis in connection

with any advice given in this eȬmail. As a result, we are required to advise you that any Federal tax advice

rendered in this eȬmail is not intended or written to be used and cannot be used for the purpose of avoiding

penalties that may be imposed by the IRS.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 61 of

67
1

Rejane Passos

From: Joseph Kaye

Sent: Thursday, April 6, 2023 9:26 PM

To: breid@carltonfields.com; cgruhn@carltonfields.com; jacohen@carltonfields.com

Cc: Adam Moskowitz; Rejane Passos

Subject: RE: Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753-KMM -- Shaquille O'Neal Request for 

Waiver of Service

Good evening Messrs. Reid, Gruhn, and Cohen,

https://moskowitzȬlaw.com/serviceȬbyȬpublicationȬofȬgarrisonȬvȬbankmanȬfriedȬ122ȬcvȬ23753ȬsdȬflaȬonȬ

shaquilleȬoneal

In accordance with Federal Rule of Civil Procedure 4(e)(1) and Texas Rule of Civil Procedure 106(b)(2), we are

sending the above hyperlink via direct message from The Moskowitz Law Firm’s official Instagram and

Twitter accounts to Defendant Shaquille O’Neal’s Instagram (@Shaq and @DJDiesel) and Twitter (@Shaq and

@DJDiesel) accounts. We are asking that you similarly provide the above hyperlink to Mr. O’Neal today and

that you confirm by return email that you have done so.ȱȱ

Thank you.

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740Ȭ1423

Direct: (786) 309Ȭ9585

Note: The information in this email is confidential and intended to be legally privileged. If you are not the

intended recipient, you must not read, use or disseminate the information contained herein; please advise the

sender immediately by reply email and delete this message and any attachments without retaining a copy.

Although this email and any attachments are believed to be free of any viruses or other defects that may affect

any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that

it is virusȬfree and no responsibility is accepted by The Moskowitz Law Firm or the sender of this email for any

loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic communications)

regarding one or more Federal (i.e., United States) tax issues to meet certain standards. Those standards

involve a detailed and careful analysis of the facts and applicable law which we expect would be time

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 62 of

67
2

consuming and costly. We have not made and have not been asked to make that type of analysis in connection

with any advice given in this eȬmail. As a result, we are required to advise you that any Federal tax advice

rendered in this eȬmail is not intended or written to be used and cannot be used for the purpose of avoiding

penalties that may be imposed by the IRS.

From: Joseph Kaye

Sent: Monday, March 6, 2023 6:33 PM

To: breid@carltonfields.com; cgruhn@carltonfields.com; jacohen@carltonfields.com

Cc: Adam Moskowitz <Adam@moskowitzͲlaw.com>; dboies@bsfllp.com; aboies@bsfllp.com; Brooke Alexander

<balexander@bsfllp.com>; Stephen N. Zack <szack@bsfllp.com>; Rejane Passos <rejane@moskowitzͲlaw.com>

Subject: Re: Garrison, et al. v. BankmanͲFried, et al., No. 1:22ͲcvͲ23753ͲKMMͲͲShaquille O'Neal Request for Waiver of

Service

Good afternoon Messrs. Reid, Gruhn, and Cohen,

We represent Plaintiffs and the putative classes in the aboveȬreferenced action. A copy of the operative

complaint is attached. I am reaching out to you with a Notice of Commencement of Action and Request for

Waiver of Service for your client, Shaquille O’Neal (both forms attached). We know Mr. O’Neal is aware of the

complaint (https://www.cnbc.com/2022/12/15/shaqȬonȬcryptoȬftxȬpostȬcollapseȬiȬwasȬjustȬaȬpaidȬ

spokesperson.html) and are in the process of personally serving him, but wanted to send this along to you in

order to expedite the process and avoid the cost of personal service to the extent possible. Please let me know if

you have any questions or wish to discuss, thank you.ȱȱȱ

Best,

Joseph M. Kaye, P.A.

Partner

The Moskowitz Law Firm, PLLC

P.O. Box 141609

Coral Gables, FL 33114

For Hand Deliveries Use:

251 Valencia Ave #141609

Coral Gables, FL 33114

Office: (305) 740Ȭ1423

Direct: (786) 309Ȭ9585

Note: The information in this email is confidential and intended to be legally privileged. If you are not the

intended recipient, you must not read, use or disseminate the information contained herein; please advise the

sender immediately by reply email and delete this message and any attachments without retaining a copy.

Although this email and any attachments are believed to be free of any viruses or other defects that may affect

any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that

it is virusȬfree and no responsibility is accepted by The Moskowitz Law Firm or the sender of this email for any

loss or damage arising in any way from its use.

CIRCULAR 230 DISCLAIMER: The IRS now requires written advice (including electronic communications)

regarding one or more Federal (i.e., United States) tax issues to meet certain standards. Those standards

involve a detailed and careful analysis of the facts and applicable law which we expect would be time

consuming and costly. We have not made and have not been asked to make that type of analysis in connection

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 63 of

67
3

with any advice given in this eȬmail. As a result, we are required to advise you that any Federal tax advice

rendered in this eȬmail is not intended or written to be used and cannot be used for the purpose of avoiding

penalties that may be imposed by the IRS.

Case 1:22-cv-23753-KMM Document 122-1 Entered on FLSD Docket 04/07/2023 Page 64 of

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