Any Chance Of SBF Walking Away A Free Man?

 

  • Sam Bankman-Fried, founder of the now-defunct FTX crypto exchange, seeks to have 10 of his 13 criminal charges dismissed in a Manhattan federal court, with his lawyers arguing the FTX collapse was due to the “crypto winter” rather than any malicious intent.

  • Bankman-Fried’s legal team is arguing that FTX’s law firm, Sullivan & Cromwell, has acted as an agent of the federal government in constructing the criminal case against him and that FTX lawyers have acted as a public mouthpiece for the government.

  • Bankman-Fried has not disputed three of the charges: conspiracy to commit commodities fraud, conspiracy to commit securities fraud, and conspiracy to commit money laundering. Prosecutors have until May 29 to respond to Bankman-Fried’s dismissal request.

Former CEO of cryptocurrency exchange FTX, Sam Bankman-Fried, has released his first comprehensive legal argument in response to the fraud charges brought against him by prosecutors. Bankman-Fried is currently under house arrest, facing a total of 13 criminal charges, ranging from money laundering to wire fraud. The defense team is trying to have ten of these charges dismissed.

Bankman-Fried’s lawyers argue that the FTX collapse was the result of a “crypto winter,” rather than any malicious intent, and have requested that charges of foreign bribery, campaign finance, and bank fraud be dismissed as they breach aspects of the extradition process between the US and the Bahamas, where Bankman-Fried was arrested in December. They also contend that the remaining six charges are too ambiguous or have other legal shortcomings and should be dismissed.

However, Bankman-Fried has not disputed the charges of conspiracy to commit commodities fraud, conspiracy to commit securities fraud, and conspiracy to commit money laundering. Prosecutors have until May 29 to respond to Bankman-Fried’s dismissal request, while US District Judge Lewis Kaplan is set to hear arguments on June 15.

Bankman-Fried’s legal team further alleges that Sullivan & Cromwell, the law firm representing FTX in bankruptcy proceedings, has acted as an agent of the federal government in constructing the criminal case against him. According to SBF’s attorneys, the law firm and FTX may have been concealing critical evidence, effectively becoming the government’s representatives in the criminal case against their client.

The defense also argues that the collapse of FTX, which was once the third-largest cryptocurrency exchange in terms of trading volume with a valuation of $32 billion, was the result of last year’s “crypto winter,” which saw the price of Bitcoin and many other major digital currencies plummet. Representatives for FTX and Sullivan & Cromwell did not immediately respond to Decrypt’s requests for comment.

Bankman-Fried’s estimated net worth of $26 billion, largely built on the back of the cryptocurrency boom, was largely eroded after the collapse of FTX in November last year. The exchange faced a surge of customer withdrawals after reports emerged that it had mingled assets with Alameda Research, an affiliated cryptocurrency trading firm.

In the days following the FTX collapse, reports alleged that Bankman-Fried routinely took customer funds, transferred them to other companies, including Alameda Research, and used them for his own purposes. Federal prosecutors in Manhattan have accused him of misappropriating billions of dollars from FTX customer funds to cover losses at Alameda, purchase property, and engage in a straw-donor scheme to make political contributions.

Former FTX CEO Sam Bankman-Fried. Image: FTX

Bankman-Fried’s legal team has also accused Sullivan & Cromwell of acting as a public mouthpiece for the government and of having assumed the role of prosecutor by publicly labeling Bankman-Fried as the villain. They further argued that FTX’s collapse was due to the crypto winter rather than any malicious intent on their client’s part.

Sam Bankman-Fried’s estimated net worth of $26 billion, largely built on the back of the cryptocurrency boom, was largely eroded after the collapse of FTX in November last year. The exchange faced a surge of customer withdrawals after reports emerged that it had mingled assets with Alameda Research, an affiliated cryptocurrency trading firm. In the days following the FTX collapse, reports alleged that SBF routinely took customer funds, transferred them to other companies, including Alameda Research, and used them for his own purposes.

Federal prosecutors in Manhattan have accused Bankman-Fried of misappropriating billions of dollars from FTX customer funds to cover losses at Alameda, purchase property, and engage in a straw-donor scheme to make political contributions. Despite the charges against him, Bankman-Fried continues to maintain his innocence, and his legal team is working hard to clear his name.

The case has been closely watched by the cryptocurrency community, which has seen significant growth and adoption in recent years. The outcome of this case could have far-reaching consequences for the industry, particularly with regard to the regulation of cryptocurrency exchanges and the legal treatment of cryptocurrency-related offenses.

As the case continues to unfold, it is clear that the issues at the heart of this case are complex and multifaceted. Whether Bankman-Fried is ultimately found guilty or innocent, the legal battle surrounding FTX has already had a profound impact on the cryptocurrency industry and may continue to shape its trajectory for years to come.

 

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