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California crypto company accused of illegally inflating Katy Perry NFTs and fraud

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California crypto company accused of illegally inflating Katy Perry NFTs and fraud

Four years ago, California startup Theta Labs’ cryptocurrency was soaring, and its future appeared bright when it landed a partnership with pop star Katy Perry.

The Bay Area company had built a marketplace for digital collectibles known as nonfungible tokens, or NFTs, and had teamed up with Perry to launch NFTs tied to her Las Vegas concert residency. Its THETA token jumped by more than 500% in early 2021, reaching a peak of more than $15, making it one of the world’s most valuable cryptocurrencies. Later in the year, the spotlight shone on the company when it announced the Perry partnership.

“I can’t wait to dive in with the Theta team on all the exciting and memorable creative pieces, so my fans can own a special moment of my residency,” Perry said in a June 2021 news release.

Today, like many cryptocurrencies, THETA is 95% off its 2021 peak. It took a hit this week after former executives accused it of manipulating markets to dupe consumers into buying its products. On Tuesday, it was trading at less than 30 cents.

Two former executives from Theta Labs sued the startup, alleging in separate lawsuits that the company and its chief executive, Mitch Liu, engaged in fraud and manipulated the cryptocurrency market for his benefit. Liu retaliated against them after the employees refused to engage in deceptive business practices and raised concerns, the lawsuits say.

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Some of the alleged misconduct involved placing fake bids on Perry’s NFTs, engaging in token “pump and dump” schemes and using celebrity endorsements and “misleading” partnerships with high-profile companies such as Google to deceive the public, according to the December lawsuits filed in Los Angeles Superior Court.

Perry is not accused of any wrongdoing in the suit, and Theta denies the charges.

The lawsuits against Theta Labs are the latest controversy to rattle an industry beset by scandals.

Cryptocurrency exchange FTX collapsed, and its founder, Samuel Bankman-Fried, was sentenced to 25 years in prison in 2024 after being found guilty of multiple fraud charges. Binance founder and former Chief Executive Changpeng Zhao also got prison time after he pleaded guilty to violating money laundering laws, but President Trump pardoned him this year.

The U.S. Securities and Exchange Commission previously charged celebrities such as Kim Kardashian, Lindsay Lohan, Jake Paul and Ne-Yo for promoting crypto without disclosing they were paid to do so.

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Theta Labs created a network that rewarded people with cryptocurrency for contributing spare bandwidth and computing power to enhance video streaming and lower content delivery costs. The company describes Theta Network as a “blockchain-powered decentralized cloud for AI, media and entertainment.” The network has two tokens: THETA, used to secure the network, and TFUEL, used to pay users for services and power operations.

The whistleblowers suing Theta Labs are Jerry Kowal, its former head of content, and Andrea Berry, previously the company’s head of business development.

“Liu used Theta Labs as his personal trading vehicle, perpetrating fraud, self-dealing, and market manipulation,” said Mark Mermelstein, Kowal’s attorney, in a statement. “His calculated ‘pump-and-dump’ schemes repeatedly wiped out employee and investor value. This suit is about demanding accountability and proving no one is above the law.”

Theta, Liu and its parent company, Sliver VR Technologies, deny the allegations and “intend to prove with evidence the fallacy of the stories being told in the lawsuits,” according to Kronenberger Rosenfeld, the law firm representing the defendants. The lawsuits are an attempt to paint the company in a negative light in hopes of securing a settlement, a lawyer for the firm said.

Kowal has sued his former employers before. In 2014, he accused Netflix of spreading false claims that he stole confidential information and Amazon of wrongful termination.

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The latest lawsuits allege that Liu profited from buying and selling THETA tokens using insider knowledge about partnerships with celebrities, studios and others in the entertainment industry.

“Liu’s true motive in pursuing such partnerships was not to develop a sustainable content business but to generate publicity that could be used to artificially inflate token prices for Liu’s personal gain,” Kowal’s lawsuit says.

Kowal worked for Theta from 2020 to 2025.

In 2020, Liu traded and sold tokens knowing that the company would close a content licensing deal with MGM Studios, according to the lawsuit. After the deal’s announcement, THETA token’s market capitalization increased by more than $50 million in just 24 hours, the lawsuit says.

When NFTs started to take off in 2021, Kowal closed deals with high-profile partners such as Perry, Fremantle Media and Resorts World Las Vegas for the startup’s NFT marketplace.

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As part of the deal with Perry, the singer received $8.5 million and additional warrants for the right to license her image and likeness for the NFTs.

To inflate the price and demand for these digital collectibles, Liu allegedly made bids on NFTs and directed employees to do the same. This led to people overpaying for the Perry NFTs.

Representatives for Perry didn’t immediately respond to a request for comment.

Multiple examples of alleged manipulation are outlined in the lawsuits. In one instance from 2022, the startup launched a new token called TDROP that employees also received as part of a bonus.

Liu gained control of 43% of the supply of the cryptocurrency, according to Kowal’s lawsuit. When the TDROP token reached a high, he then sold the token, and its price collapsed by more than 90% within months.

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Berry’s lawsuit also alleges that Theta Labs announced “misleading” or fake partnerships with high-profile companies such as Google and entities including NASA to pump up the value of the THETA token. Theta paid for Google Cloud products but claimed it was a partner when it was a Google customer, according to the lawsuit.

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‘It’s killing everything.’ California’s truckers are buckling under country’s priciest diesel

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‘It’s killing everything.’ California’s truckers are buckling under country’s priciest diesel

Record diesel prices are crushing California’s truckers, forcing them to adjust to avoid losses as they grapple with the most expensive pump prices in the country.

Greg Dubuque’s 40 drivers are in a constant diesel-devouring loop. Their big rigs pick up loads of electronics, office furniture and other goods around Los Angeles. They drive close to 1,000 miles through the Mojave Desert and over the Rocky Mountains to Denver. They bring back containers full of everything from pinto beans to home remodeling products.

One tank of gas for his vehicles cost $600 a couple of months ago. Today it costs $1,000. That’s a record high and more than 35% above the country’s average.

“California sets itself apart from the rest of the country when it comes to pricing,” said Dubuque, a third-generation trucker and general manager of Liberty Linehaul West. “Now it’s really out of control.”

The average price of a gallon of diesel in California got close to $7.75 this week, up 50% from a month ago, according to the American Automobile Assn. The national average of diesel is closer to $5.65 at recent peaks.

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Dubuque, general manager of Liberty Linehaul West, says small truckers are hurting with out-of-control gas prices.

(Gina Ferazzi / Los Angeles Times)

The trucking industry was already reeling from a prolonged freight recession, a crackdown on immigrant drivers, and the adverse impacts of tariffs, all of which contributed to a significant increase in bankruptcy filings in the industry.

Now, the price shock from the war with Iran has become yet another headache for the beleaguered industry that hauls 70% of all freight in America.

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“It’s got a tremendous impact on the industry,” said Eric Sauer, the chief executive of California Trucking Assn.

And it is not just truckers being affected. The rising prices of ground and air transportation will eventually be paid for by consumers.

The biggest companies are already passing the extra transportation costs on to consumers. FedEx, United Parcel Service, the U.S. Postal Service and Amazon said they will all start charging an extra fee. Amazon said it would apply a 3.5% charge to merchants for its fulfillment service. USPS will charge an 8% delivery fee for certain packages.

“The longer energy prices remain elevated, the more households will need to confront tradeoffs,” said Philip N. Jefferson, vice chairman of the Federal Reserve, at a recent lecture.

Liberty Linehaul West keeps a daily list of fuel prices to help its truckers in Montebello, Calif.

Liberty Linehaul West trucking company keeps a daily list of fuel prices to help its truckers on April 3 in Montebello, Calif.

(Gina Ferazzi / Los Angeles Times)

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This could eventually dampen demand for other products and further hurt the economy, Jefferson noted.

“Families who depend on petroleum products to commute to jobs and school and to heat their homes may need to pull back on more discretionary forms of spending,” he said. “That could potentially result in lower spending at restaurants or retailers. It could also result in households carrying elevated levels of debt.”

Truckers often rely on fuel surcharges to cover rising fuel costs. It’s an industry practice for customers to pay a fuel surcharge, on top of the base freight rate, to offset unexpected fuel price increases. The fee is calculated based on a weekly diesel price index.

Sukhdeep Singh, who owns Merced County-based Cali Brothers Truck Lines, said standard surcharge policies are insufficient when there are wild swings in fuel prices.

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“It’s killing everything,” he said.

Singh’s business faced challenges earlier this year when a crackdown on immigrant drivers led to sudden departures, shrinking the available labor pool and leaving 15 of his trucks unused. Despite the diminished fleet, his weekly fuel expenses have surged from $80,000 to $130,000.

Smaller trucking companies are getting hit first.

Major carriers with thousands of trucks have different ways to hedge against price fluctuations that insulate them from temporary volatility. They have long-term shipping contracts and have greater flexibility in surcharges.

Smaller carriers are often paid at a flat rate and have no certainty about whether they will recover the higher fuel costs.

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On a recent trip to Denver, one of Dubuque’s trucks had to consider returning empty, as the going rate barely covered gas to get back to Los Angeles.

“I wouldn’t be able to cover my cost,” he said.

He has been instructing drivers to save on fuel by planning their routes, finding truck stops with the best rates, and avoiding California when possible.

“Where we’re trying to avoid buying fuel is here in the state of California,” he said.

He is also asking his regular customers to pitch in.

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A Roadies Inc. truck, right, leaves for a delivery in Bakersfield.

A Roadies Inc. truck, right, leaves for a delivery in Bakersfield on Nov. 29.

(Myung J. Chun / Los Angeles Times)

Liberty Linhaul West’s fleet also works with L.A.’s entertainment and event industries, transporting staging, lighting and other equipment for events such as the Oscars, Grammys and Country Music Awards. He’s started calling customers with whom he had flat rates to renegotiate prices.

“We started calling customers, saying, ‘Okay, we need some emergency help here,’” Dubuque said.

While he appreciates that the extra fees and restrictions on fuel help build roads and protect the environment in California, he would love to see more support from the state.

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“I think the government needs to interact with the oil and fuel world and talk about how they can take this pain away from us, or at least try to lessen this blow,” he said.

Without an end to high oil prices or some help from the government, customers can expect the same sticker shock the trucking industry is struggling with.

“Whether you’re a grocer, a meatpacking plant, a vegetable grower, that cost has to be factored in, because it doesn’t matter who you are, you’re faced with it,” Dubuque said. “The impact was so hard and so fast, I would think we’re going to start seeing just another increase to the cost of goods for people.”

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Blank Street lands on the West Coast

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Blank Street lands on the West Coast

A New York coffee startup known for its TikTok-friendly matcha drinks is making its West Coast debut.

Blank Street, the fast-growing, venture capital-backed coffee chain that launched during the pandemic, plans to open four stores in Los Angeles County this year, starting in Beverly Hills and Studio City. The first two stores will open in June.

Blank Street Chief Executive Issam Freiha told The Times he has long romanticized L.A. — the place where he fell in love with his wife — and hoped to open stores in the region, but held off until the company was fully ready.

Blank Street has spent several years refining its menu, sharpening its brand identity and developing a hospitality experience that can be scaled, he said. The “handoff” step, in which a barista calls a customer’s name and finishes making their drink in front of them, is a key part of that experience. Customers often record the moment and share it on TikTok.

The chain has nearly 100 global stores, many in New York City and London. Blank Streets are expected to open at the Sunset Plaza in West Hollywood and off the Pacific Coast Highway in Malibu in late fall.

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Blank Street wanted to kick off its California expansion in Beverly Hills because of its high profile.

The city represents what most people envision when they think of L.A.: Rodeo Drive, the Beverly Hills Hotel and towering palm trees, said Evan Mateen, head of U.S. real estate for Blank Street. The location, a Tudor Revival-style building on Bedford Drive, was attractive for its visibility, parking spaces and proximity to daily services and salons, he said.

Blank Street’s roots trace back to 2020, when co-founders Freiha and Vinay Menda began selling coffee out of a pale-green coffee cart in the Williamsburg neighborhood of New York City.

They believed there was a gap in the coffee industry. On one end, there were innovative, high-end specialty coffee brands. On the other, there were chains setting the industry standard. They hoped to offer something in the middle, providing high-quality drinks in high-volume settings at an affordable price point.

“We don’t need to be the most amazing cup of coffee you’ve ever had,” Freiha told the New York Times in 2022. “We want to be the really good cup of coffee that you drink twice a day, every day.”

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Investors loved the concept. The company raised $67 million in 2021 from investors including General Catalyst, the venture capital firm that funded Airbnb, and Tiger Global, the investment firm that backed shoe brand Allbirds, according to the New York Times. In 2023, a third co-founder, Ignacio Llado, joined, and the company transitioned from carts to small retail stores.

Freiha declined to disclose financials but said Blank Street has a $500-million valuation, is profitable and sells about three times as many drinks per store as it did three years ago.

Blank Street’s target demographic appears to be Gen Z. The company has partnered with celebrities like influencer Emma Chamberlain and singer Sabrina Carpenter, who “worked” a shift at a Blank Street in London to promote her 2024 song “Espresso.”

The chain is set to land on the West Coast on Friday, serving strawberry shortcake matchas and cherry glaze cold brew lattes to an invite-only crowd at Kendall Jenner’s 818 Outpost at Coachella.

Freiha thinks Blank Street’s speed can help it compete in the L.A. region’s competitive coffee and matcha scene.

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The best cafes in L.A. tend to have “extremely long lines,” he said. “It’s a very large market with a lot of opportunity.”

Blank Street stores use automatic espresso machines, which improve consistency and reduce labor costs. Matcha, which has recently skyrocketed in popularity and represents half the chain’s business, is prepared in batches for cold drinks, he said. The chain aims to finish assembling drinks within two minutes and thirty seconds from the moment an order is placed.

Blank Street has since shifted to a larger store concept with trendy interior design and ample seating. Freiha said the change was to accommodate the afternoon crowd, which tends to arrive in groups and wants a place to socialize.

The company does not have immediate plans to further expand on the West Coast until the first four stores have “solidified” and have regular customers, Freiha said.

“We need to prove that we meet that bar that people in L.A. have for what a great coffee shop can be,” Freiha said. “That’s our work now.”

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Commentary: Trump wants you to invest your 401(k) in crypto and private equity. Should you bite?

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Commentary: Trump wants you to invest your 401(k) in crypto and private equity. Should you bite?

Trump is opening the door to risky ‘alternative investments’ such as crypto and private equity in 401(k) plans. But employers have had good reasons to keep them out of their plans.

If you believe Labor Secretary Lori Chavez-DeRemer, American 401(k) accounts are about to get much better.

Thanks to President Trump’s “bold new vision of a new golden age for America,” Chavez-DeRemer wrote in the Wall Street Journal on March 30, her agency is taking steps to open these crucial retirement accounts to a raft of new investment options, such as cryptocurrencies and private equity funds.

Her goal, she wrote, is to “unwind regulatory overreach and litigation abuse that have stifled innovation.” Her instrument is a proposed regulation that in effect would provide a safe harbor for plan sponsors — that is, employers — to offer those options in their employees’ plans without risking lawsuits or government scrutiny over whether they’re sufficiently prudent for workers to choose.

We have seen a number of proposals from private equity funds where the returns are really not calculated in a manner that I would regard as honest.

— Warren Buffett (2019)

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Notwithstanding Chavez-DeRemer’s assertion that this change would be all to the good for workers, the truth is that she and Trump are acting at the behest of alternative investment promoters, who have long slavered for access to the nearly $14 trillion in assets held in 401(k)s and other such defined contribution retirement plans.

Far be it for me to offer anyone investment advice. But there are a few things that Trump and DeRemer aren’t telling you about these proposed new options. Namely, the dangers they present to unwary small investors.

The first clue that something is being hidden appeared in DeRemer’s op-ed, in which she blamed “Washington bureaucrats” and “plaintiff lawyers” for stifling the financial innovation that people supposedly have been clamoring to put in their retirement accounts.

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You know who rails against “Washington bureaucrats” and “plaintiff lawyers”? Businesses that are fearful that government regulators and juries will clamp down on their wrongdoing. These critiques are often described as efforts to get government off the backs of the people. What they don’t explain is that once government has climbed off, big business will saddle up.

(As I’ve reported, among the businesses that have recently been demonizing plaintiff lawyers is Uber, which is pushing a ballot measure in California that would all but shut the courthouse doors to some passengers injured during Uber rides.)

So let’s examine the unacknowledged issues with “innovative” alternative investments. Private equity firms are known for buying companies that are either held privately, or are public companies due to be taken private. In many cases, they turn profits for their investors by cutting payrolls and reducing services at their portfolio companies, then draining what’s left until there is nothing left. Cryptocurrencies, as I’ve written, are a scam all their own.

We’ll start with the implicit and explicit rules guiding employers when they decide what investment choices to offer workers in their 401(k)s.

“Employers are fiduciaries, which means they must make decisions about retirement investments that are in their employees’ best interest,” observes Eileen Applebaum of the Center for Economic and Policy Research. “They must be prudent in curating a menu of retirement plan options for their workers. And they have been successfully sued for lack of prudence by workers whose retirement accounts held high fee, illiquid, risky investments that failed to perform.”

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The fiduciary standards are developed in part by government bureaucrats. And the successful lawsuits? They’re brought by plaintiff lawyers.

In 2021, the Biden-era Labor Department warned that most sponsors of 401(k) plans and other defined contribution plans “are not likely suited to evaluate the use of [private equity] investments” in those plans. The administration shied away from outlawing such investments outright in 401(k)s. Nevertheless, employers understandably saw the warning as a yellow light, if not a flashing red light.

As of 2024, only about 4% of plan sponsors offered alternative investments, Applebaum reported. The threat of litigation also stayed their hand; 66 lawsuits were filed against plan sponsors that year, according to Encore Financial, a personal finance firm. High fees and other fiduciary failures were at the heart of most of the cases.

This isn’t the first time that Trump has tried to wedge private equity investments into 401(k)s. In 2020, during his first term, then-Labor Secretary Eugene Scalia issued an opinion that the mere presence of private equity investments among 401(k) choice was not in itself a fiduciary violation.

Scalia said his goal was to “remove barriers to the greatest engine of economic prosperity the world has ever known: the innovation, initiative, and drive of the American people.”

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Until then, individuals were effectively barred from the investments by a Securities and Exchange Commission rule allowing only “accredited” investors — those who could show annual income of more than $200,000 or net worth of $1 million or more, not including their homes.

I didn’t offer an opinion then about the wisdom of these investments, but wrote only that “if I were inclined to invest my 401(k) money in private equity, I would hope that my family would arrange to have my head examined.”

My reasoning then was that private equity funds produce limited disclosure, or no useful disclosure at all; there are no commonly accepted formulas to measure their returns; and they’re subject to management fees immensely higher than conventional stock, bond or money market funds.

No less an experienced investor than Warren Buffett warned his own shareholders away from the sector, I pointed out.

“We have seen a number of proposals from private equity funds where the returns are really not calculated in a manner that I would regard as honest,” Buffett said at the May 2019 annual meeting of Berkshire Hathaway, which held his corporate investment portfolio.

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Since then — indeed, since the Great Recession of 2007-2009 — the private equity sector has been promoting itself as a source of financial returns superior than those of conventional stock portfolios while glossing over cavils such as Buffett’s.

The promoters boast that their funds have low correlations with public markets — that is, when the public markets falter, the private markets gain; that they’re skilled at finding bargains among targeted businesses; and that they impose profit-gaining efficiencies on their acquired businesses.

In recent years, however, the private equity argument has faded. “Current data raises questions concerning these predicate assumptions,” wrote Nori Gerardo Lietz of Harvard Business School in 2024. Private equity fund performance, she observed, has “eroded materially.”

That’s true. From 2022 through the first three quarters of 2025, according to the research firm MSCI, private equity firms turned in annualized returns of 5.8%, while the Standard & Poor’s 500 index of public firms yielded 11.6%. Institutional investors such as public employee pension funds have begun to ask whether the sector deserves their money.

In the last year, the Yale University endowment and the public employee pension fund of New York City have sold off billions of dollars in private equity investments, some at a discount to their stated values. (To be fair, the California Public Employees’ Retirement System, or CalPERS, has remained a fan, attributing its recent improvement in overall returns to a strengthened investment in private equity.)

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The doubts being voiced by these major investors has turbocharged the push by the private equity sector to reach into individual retirement accounts. By some measures, however, individual investors have even less tolerance for some of the features of private equity than do institutions. Unlike publicly traded stocks, these investments are illiquid, meaning they can’t be sold at will and they can’t be reliably priced.

As for crypto, the other major alternative investment being touted by Trump, its shortcomings are well documented.

In contrast to conventional stocks and bonds, they don’t represent stakes in anything concrete and as a result are extremely volatile.

Bitcoin, for instance, ran as high as $126,000 in October; as of Thursday it was priced below $72,000. Among other queasy-induced crashes, bitcoin lost 35% of its value in less than four weeks between mid-January and early February, falling from $96,929 on Jan. 13 to $62,702 on Feb. 4.

These are all factors demanding notice from small investors contemplating adding these sectors to their retirement funds. For that reason, some retirement professionals doubt that even the Trump administration’s favor will persuade many plan sponsors to open their doors to alternative investments. Trump’s regulators may be taking a hands-off approach to these sectors, but plaintiff lawyers aren’t likely to back off.

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For individual investors, these are sectors that were made for the phrase “caveat emptor.” If you don’t know your Latin, it means “buyer beware.”

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