Sam Bankman-Fried, a renowned figure in the world of cryptocurrency, resided in the Bahamas just eleven months ago. With a celebrity-endorsed startup and a loyal following of supporters, he was widely regarded as an authentic genius from MIT. Seen as a trailblazing visionary who diverged from the conventional Wall Street path, he also emphasized his commitment to philanthropy and his intention to donate his entire fortune. However, this week, he faces trial as federal prosecutors claim his involvement in a colossal fraud, deemed one of the largest in American history.
SBF, also known as Bankman-Fried, a 31-year-old individual, has entered a plea of not guilty to seven charges of fraud and conspiracy pertaining to the downfall of his crypto-trading platform, FTX. In the event that he is found guilty and given the highest possible penalty, he may face a lifelong imprisonment. In the following weeks during the trial, we can expect to witness significant developments and details regarding this case.
What are the charges?
SBF faces seven counts, including wire fraud and securities fraud.
Prosecutors claim that SBF embezzled billions of dollars from FTX customer funds for personal gain and to offset substantial losses suffered by Alameda Research, a crypto hedge fund he oversaw. Additionally, they assert that SBF deceived FTX investors through concealment of the fraudulent scheme.
What happened to FTX?
: In June, prosecutors chose to separate and remove five charges that were filed against Bankman-Fried after his extradition from the Bahamas, where FTX was headquartered. A distinct trial for these charges is set to commence in March.FTX positioned itself as a user-friendly and secure platform for cryptocurrency trading. Its revenue came from charging fees on trades made by customers, similar to traditional brokerage firms.
With the surge in digital asset values in 2021, FTX's prominence also increased. At its pinnacle, the company was valued privately at over $30 billion. FTX extensively promoted its brand by sponsoring a Miami basketball arena and securing celebrity endorsements from Tom Brady and Larry David, who both appeared in FTX commercials during the Super Bowl.
But crypto market turmoil took root in the spring of 2022, gutting the entire industrys value down to $1 trillion from $3 trillion.
FTX founder Sam Bankman-Fried was a crypto celebrity until November last year, when his business empire collapsed.
Amr Alfiky/Reuters
In November, signs of cracks in FTX's foundation started to emerge, and within a week, everything collapsed.
Upon reading a report from crypto news site Coindesk, investors and customers began to panic as it raised concerning inquiries about the financial connections between FTX and Alameda. These two businesses, seemingly independent, were both founded by Bankman-Fried. According to a document obtained by Coindesk, it became apparent that a significant portion of Alameda's assets were in FTT, a digital token developed by FTX, and its value was rapidly declining, leaving Alameda in an uncertain financial state.
Customers rushed to withdraw their funds from FTX, exposing an $8 billion shortfall.
FTX filed for bankruptcy on November 11, and Bankman-Fried resigned as CEO.
He was arrested in December in the Bahamas on charges including fraud and conspiracy and extradited to the United States in January.
What will the defense be?
SBF has consistently expressed his perspective on the case following his arrest, emphasizing that he was a novice entrepreneur who acted beyond his capabilities, and insisting that he had no intention of engaging in fraudulent activities.
The legal team representing SBF has subtly indicated in official court filings their intention to employ an "advice of counsel" defense. This implies that SBF was unaware of the illegal nature of his actions and was merely adhering to the guidance provided by FTX's legal advisors.
In Bankman-Fried's personal writings published by the New York Times, he attributes the losses of Alamedas to its CEO, Caroline Ellison, who happens to be his ex-girlfriend. Ellison, along with three other former high-level associates, has pleaded guilty and is now cooperating with prosecutors.
Ryan Salame
From Ryan Salame/Twitter
Former FTX executive Ryan Salame will forfeit $1.5 billion after pleading guilty to criminal charges
Howard Fischer, a partner with Moses Singer and a former senior trial lawyer at the Securities and Exchange Commission, stated that SBF's primary obstacle will be the testimony of his former colleagues. Additionally, the new management at FTX, led by a restructuring expert who handled the liquidation of Enron, has displayed clear hostility towards Bankman-Fried. Fischer described this level of cooperation as highly advantageous for the prosecution.
Fischer has another issue. In his lengthy blog posts, tweet threads, TV media appearances, and supposed document leaks, he consistently fails to show an understanding of the gravity of his situation. According to Fischer, juries tend to dislike individuals who come across as know-it-alls and show a lack of respect for the legal process. Although it is typically wise for a defendant in this type of case to avoid testifying, it is possible that SBF's unwavering self-assurance may tempt him to take that risk.
How long will the trial last?
Jury selection begins on Tuesday, October 3, in Manhattan federal court. The trial is expected to last up to six weeks.
What will happen if hes convicted?
SBF will continue to be held in the Metropolitan Detention Center in Brooklyn, where he has been residing since his bail was revoked on August 11 by Judge Lewis Kaplan due to SBF's attempts to intimidate witnesses.If hes found guilty of all seven criminal counts and is given the maximum sentence, SBF would face the prospect of 110 years in prison.