FTX founder and previous CEO, Sam Bankman-Fried, has built a reputation on taking daring risks that have yielded favorable results. However, he is now preparing to make the biggest gamble of his life.
Following three weeks of incriminating evidence portraying him as a criminal mastermind, the former billionaire in the cryptocurrency industry is stepping onto the witness stand. His aim is to persuade the jury that, contrary to being a fraudster, he is instead an inexperienced startup founder who made mistakes due to his lack of expertise.
It is not a common sight in a criminal trial.
Usually, defense lawyers discourage their clients from testifying as it increases their chances of being interrogated harshly by the prosecution. It is believed that stumbling during the testimony is worse than remaining silent.
In this courtroom sketch, Sam Bankman-Fried is seen attentively participating in his trial for fraud relating to the downfall of FTX, the bankrupt cryptocurrency exchange. This crucial moment took place at the Federal Court in New York City, U.S., on October 6, 2023.
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However, Bankman-Fried finds himself with limited options, according to legal experts. The prosecution has presented a strong case, making it challenging for the defense to dismantle. Typically, the defense would rely on witnesses who could provide a favorable opposing viewpoint. Yet, Bankman-Fried, who has entered a not guilty plea for seven criminal charges of fraud and conspiracy, seems to lack any remaining allies who can contradict the testimonies given by individuals within his close circle.
What to expect
"This is his final attempt, driven by desperation," remarked Howard Fischer, a partner at Moses Singer and a former SEC attorney. "I am unsure of what alternatives he may possess."
Bankman-Fried's attorneys mentioned that his testimony may be scheduled for Thursday morning, once the prosecutors conclude presenting their last witness and conclude their argument. They acknowledged that this task is incredibly challenging.
Caroline Ellison, the former CEO of Alameda Research LLC, is seen leaving the courtroom in New York, US, on Thursday, Oct. 12, 2023. In her testimony before a New York jury on Wednesday, Ellison, who was once in a relationship with FTX co-founder Sam Bankman-Fried, revealed how she collaborated with him to deceive lenders and customers in order to build his multi-billion-dollar cryptocurrency empire. She also highlighted their unsuccessful attempts to avert a spectacular collapse.
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Fischer stated that it is crucial to create a sense of empathy towards Bankman-Fried. While the facts hold significance, people tend to make judgments about individuals based on their likability. Additionally, Fischer emphasized that Bankman-Fried must not only be likable but also persuade the jury that if any wrongdoing occurred, it was the fault of others, not himself.
That is a field where Bankman-Fried might have an advantage.
Prior to his downfall last year, Bankman-Fried was a highly regarded individual, not only within the insular crypto community. With his unconventional appearance, including wild hair and a casual T-shirt-and-shorts outfit, he was able to captivate the interest of numerous wealthy investors, famous celebrities, journalists, and even politicians. (During a notable interaction on Capitol Hill, Senator Cory Booker jokingly expressed offense at the fact that the young entrepreneur had "a more impressive afro than he once had.")
According to Caroline Ellison, the key witness and former girlfriend of Bankman-Fried, that image may have been a strategic move in terms of public relations. However, it undeniably contributed to enhancing his influence and ultimately led to FTX being valued at $32 billion.
In order to have any hope of persuading the jury, SBF needs a last-ditch effort. His choice to testify adds a poetic twist to his story— a man who constantly seeks risky ventures and desires to share his narrative with anyone willing to listen, finds himself in a federal courtroom.