Beloved Basketball Hall of Famer and TV personality, Shaquille O’Neal, is again accused of repeatedly avoiding being served in a class action lawsuit involving high-profile FTX endorsers.
In a new motion Dailymail. complaintiffs, including FTX retail investor Edwin Garrison, filed a new motion in the U.S. District Court Southern District of Florida Miami to sue O’Neal through alternative means.
Those include serving him through his official social media accounts after, according to the plaintiffs’ lawyers, “service is evaded by any means necessary.”
O’Neal is among the high-profile celebrities, including Tom Brady, Gisele Bundchen, and Steph Curry, named as defendants in a class action lawsuit.
The lawsuit was filed last November by Garrison, who claims he opened an account with the now-bankrupt crypto exchange after being “exposed” to celebrity endorsements and their alleged “misrepresentations and omissions.”
The NBA legend was a “paid spokesperson” for the now bankrupt cryptocurrency exchange
Retired QB Tom Brady and ex-wife Gisele Bundchen both promoted FTX during their marriage
According to Garrison’s lawyers, all defendants except O’Neal have been served.
“He has not been tried, has not had any counsel confirm that they will represent him in this lawsuit, or otherwise appeared in this lawsuit,” the motion obtained by Dailymail. com read.
“Our process server has also attempted to track Mr. O’Neal based on various posts on his social media.”
‘Mr. O’Neal’s behavior over the past five months in evading duty in this action is unprecedented and frankly shocking, based on the magnitude of his public appearances, persona and presence,” Adam Moskowitz, co-lead counsel of the FTX class actions are told Dailymail. com.
“Accordingly, given the circumstances, a substitute service of process via social media pursuant to Texas Rule of Civil Procedure 106(b)(2) is necessary to complete service of process on Defendant O’Neal. This case must go on.’
Moskowitz also accused O’Neal of being deceitful a commercialso that he could make “millions of dollars.”
O’Neal hosted a Super Bowl party at Shaq’s Fun House in partnership with FTX in February 2022 ahead of Super Bowl LVI in Los Angeles.
FTX was a high-profile cryptocurrency exchange that made a big splash among investors, thanks to celebrity endorsement. It filed for bankruptcy on November 11.
Shaquille O’Neal hosted a 2022 Super Bowl party, ‘Shaq’s Fun House’, presented by FTX
The following month, O’Neal said CNBC he was just a “paid spokesperson.”
“A lot of people think I’m involved, but I was just a paid spokesperson for a commercial,” O’Neal said.
In September 2021, speaking about cryptocurrency for CNBC Make It, O’Neal commented, “I don’t understand it, so I’ll probably stay away from it until I fully understand what it is…From my experience, it’s too good to be true.’
In a presentation to creditors made public Thursday, the auditors who guided FTX through the bankruptcy said they had identified just $2.8 billion in assets toward the $11.6 billion owed by customers from their accounts.
Other defendants named in the lawsuit include the Golden State Warriors, tennis player Naomi Osaka, Miami Heat’s Udonis Haslem, former MLB star David Ortiz, LA Angels pitcher Shohei Ohtani, Jacksonville Jaguars quarterback Trevor Lawrence, comedian Larry David, entrepreneur Kevin O’Leary and FTX founder, Sam Bankman-Fried.
The lawsuit argues that the exchange’s interest-bearing bills were technically a security, requiring the underwriters to disclose the details of their fees from FTX.
“They never disclosed the nature, size and amount of compensation they personally received in exchange for the promotion,” the suit alleges.
A response from defendants is expected by April 14.
Both Brady and Stephen Curry signed endorsement deals with Bankman-Fried’s FTX
FTX founder Sam Bankman-Fried on stage with Gisele Bundchen at a 2022 conference
Tennis star Naomi Osaka also signed a deal with FTX before the crypto exchange went bankrupt