A year ago, Sam Bankman-Fried was revered as a titan of the industry and living large at a $40 million penthouse in the Bahamas, while he ran a crypto empire valued at $32 billion. On Tuesday morning in a Manhattan federal court in New York, the now disgraced founder and ex-CEO of the bankrupt crypto exchange FTX will stand trial for allegedly masterminding one of the biggest financial frauds in U.S. history.
Here is what you need to know about the multi-week trial that starts today, the government’s case against 31-year-old Bankman-Fried, and how we got here.
The trial(s) against Sam Bankman-Fried
Tuesday marks the start of the first of two separate criminal trials against the man once celebrated as a titan of the industry.
In the first trial, Bankman-Fried faces seven criminal counts related to the collapse of the crypto empire he built, including wire fraud, securities fraud and money laundering.
A superseding indictment alleges that Bankman-Fried misused billions of dollars worth of customer money for personal purchases, including buying more than $200 million of upscale real estate properties in the Bahamas, as well as to cover bad bets made at his crypto hedge fund, Alameda Research. The government says customer cash was shuttled to Alameda via two channels: Users depositing cash directly into accounts held by Alameda and through a secret backdoor that was baked into FTX’s code.
Conspiracy to commit wire fraud on customers of FTX.
Wire fraud on customers of FTX.
Conspiracy to commit wire fraud on lenders to Alameda Research.
Wire fraud on lenders to Alameda Research.
Conspiracy to commit fraud on customers of FTX in connection with purchase and sale of derivatives.
Conspiracy to commit securities fraud on investors in FTX.
Conspiracy to commit money laundering.
A conviction on all counts could land him more than 100 years in prison. Bankman-Fried, who is the son of two Stanford legal scholars, has pleaded not guilty to all charges.
Bankman-Fried’s criminal trial is expected to last up to six weeks, and it kicks off at 9:30 a.m. ET on Tuesday with jury selection. From there, the prosecution will take roughly four weeks to lay out its case, and the defense will take another one to two weeks to present its side.
It’s not yet known whether Bankman-Fried will testify, but the witness roster is expected to include his top deputies at FTX and Alameda, who also happened to comprise his innermost social circle before his crypto empire imploded.
The list of cooperating witnesses anticipated to take the stand include Bankman-Fried’s ex-girlfriend, Caroline Ellison, and his ex-best friend from high school math camp and former MIT roommate, Gary Wang.
Ellison, who is the former chief executive of Alameda Research, and FTX co-founder Wang, both pleaded guilty in December to multiple charges and have been cooperating with the U.S. attorney’s office in Manhattan for months.
Since August, Bankman-Fried has been held in a jail in Brooklyn, New York, after having his multimillion-dollar bail revoked for witness tampering, after allegedly leaking to The New York Times the private diary entries of Ellison, who is expected to be a star witness for the prosecution.
Court documents filed so far indicate that lawyers for Bankman-Fried could present an “advice of counsel” defense. That’s where they would say that he was following the guidance of FTX lawyers and didn’t realize that what he was doing was illegal. Judge Lewis Kaplan has already ruled, however, that this defense strategy cannot be included in their opening remarks since it might risk prejudicing the jury from the start.
A second criminal trial is slated for March 2024 that will deal with additional charges brought after Bankman-Fried’s extradition to the U.S. from FTX’s headquarters in the Bahamas.
Samuel Bankman-Fried’s poster in downtown San Francisco.
MacKenzie Sigalos | CNBC
How we got here
The Kimchi Swap put Sam Bankman-Fried on the map.
The year was 2017, and the ex-Jane Street Capital quant trader noticed something funny when he looked at the page on CoinMarketCap.com listing the price of bitcoin on exchanges around the world. Today, that price is pretty much uniform across the exchanges, but back then, Bankman-Fried previously told CNBC, he would sometimes see a 60% difference in the value of the coin. His immediate instinct, he said, was to get in on the arbitrage trade — buying bitcoin on one exchange, selling it back on another exchange, and then earning a profit equivalent to the price spread.
“That’s the lowest hanging fruit,” Bankman-Fried said in September.
The arbitrage opportunity was especially compelling in South Korea, where the exchange-listed price of bitcoin was significantly more than in other countries. It was dubbed the Kimchi Premium — a reference to the traditional Korean side dish of salted and fermented cabbage.
After a month of personally dabbling in the market, Bankman-Fried launched his own trading house, Alameda Research — named after his hometown of Alameda, California, near San Francisco — to scale the opportunity and work on it full time. Bankman-Fried said in an interview with CNBC that the firm sometimes made as much as a million dollars a day.
Part of why SBF earned street cred for carrying out a relatively straightforward trading strategy was because it wasn’t the easiest thing to execute on crypto rails five years ago. Bitcoin arbitrage involved setting up connections to each one of the trading platforms, as well as building out other complicated infrastructure to abstract away a lot of the operational aspects of making the trade. Bankman-Fried’s Alameda became very good at that, and the money rolled in.
From there, the SBF empire ballooned.
Alameda’s success spurred the launch of crypto exchange FTX. In April 2019, Bankman-Fried and Wang — along with University of California, Berkeley, graduate Nishad Singh — founded FTX.com, an international cryptocurrency exchange that offered customers innovative trading features, a responsive platform and a reliable experience. FTX’s success begat a $2 billion venture fund that seeded other crypto firms. Bankman-Fried’s personal wealth grew to around $26 billion at its peak.
Bankman-Fried was suddenly the poster boy for crypto everywhere, and the FTX logo adorned everything from Formula One race cars to a Miami basketball arena. He went on an endless press tour, bragged about having a balance sheet that could one day buy Goldman Sachs, and became a fixture in Washington, where he was one of the Democratic Party’s top donors, promising to sink $1 billion into U.S. political races before later backtracking.
It was all a mirage.
As crypto prices tanked in 2022, Bankman-Fried boasted that he and his enterprise were immune. But in fact, the sectorwide wipeout hit his operation quite hard. Alameda borrowed money to invest in failing digital asset firms in the spring and summer of 2022 to keep the industry afloat, then reportedly siphoned off FTX customers’ deposits to stave off margin calls and meet immediate debt obligations. A fight on Twitter, now known as X, with the CEO of rival exchange Binance pulled the mask off the scheme.
Alameda, FTX and a host of subsidiaries Bankman-Fried founded filed for bankruptcy protection in Delaware. Bankman-Fried lost 94% of his personal wealth in a single day; was arrested in the Bahamas; was subsequently extradited to the U.S. and taken into custody; was released on a $250 million bail to his parents’ California home; and then later remanded back into custody for alleged witness tampering.
Meanwhile, federal prosecutors and regulators have accused Bankman-Fried of not just having perpetrated a fraud, but having done so “from the start,” according to a filing from the Securities Exchange Commission.
Federal regulators at the CFTC saythat just a month after founding FTX.com, Bankman-Fried, “unbeknownst to all but a small circle of insiders,” was leveraging customer assets — specifically, customers’ personal cryptocurrency deposits — for Alameda’s own bets.
Rehypothecation is the term for when businesses legally use customer assets to speculate and invest. But Bankman-Fried didn’t have permission from customers to gamble with their funds. FTX’s own terms of use specifically forbade him, or Alameda, from using customer money for anything — unless the customer allowed it.
And from FTX’s inception, there was a lot of customer money. The CFTC cited 2019 reports from FTX which pegged the futures volume alone as often exceeding $100 million every day.
Using customer money for Alameda’s bets constituted fraud, the CFTC alleges. From the very genesis of FTX, regulators allege, Bankman-Fried was using customer funds to bankroll his speculative investments.
It was a steep fall from hero to villain. But there were a lot of signs.
A lousy crypto hedge fund
Despite the deck being stacked in Alameda’s favor, the hedge fund offered terrible returns. A court filing indicated that Alameda lost more than $3.7 billion over its lifetime, despite public statements by FTX leaders touting how profitable the trading arm was.
Alameda’s losses and lending structure were a critical component of FTX’s eventual collapse.
Alameda didn’t just allegedly play fast and loose with customer money. The hedge fund borrowed aggressively from multiple lenders, including Voyager Digital and BlockFi Lending. Both those companies entered Chapter 11 bankruptcy proceedings in 2022, and FTX targeted both for acquisition.
Alameda secured its loans from Voyager and BlockFi with FTT tokens, which FTX minted itself. Bankman-Fried’s empire controlled the vast majority of the available currency, with only a small amount of FTT actually circulating at any time.
Alameda should have acknowledged the fact that its tokens couldn’t be sold at the price that they claimed they were worth, the CFTC alleges in its complaint.
This was because any attempt by Alameda to sell off their FTT tokens would crater FTT’s price, given how much of the available supply Alameda controlled.
Instead of correctly marking its tokens to market, though, Alameda marked their entire hoard of FTT at the prevailing market price.
Alameda used this methodology with other coins as well, including Solana and Serum (a token created and promoted by FTX and Alameda), using them to collateralize billions in loans to other crypto players. Industry insiders even had a nickname for those tokens — “Sam coins.”
The tables began to turn in May 2022 after the collapse of Luna, a stablecoin whose implosion and subsequent crash devastated other lenders and crypto firms and sent crypto prices plunging. Major Alameda lenders, like Voyager, declared bankruptcy. Remaining lenders began to execute margin calls or liquidate open positions with customers, including Alameda.
The CFTC alleges that between May and June 2022, Alameda was subjected to “a large number of margin calls and loan recalls.”
Unbeknownst to investors, lenders, or regulators, Alameda lacked enough liquid assets to service its loan obligations.
But while Alameda was illiquid, FTX’s customers — who had been constantly reassured that the exchange, and Bankman-Fried, were determined to protect their interests — were not.
The fraud — exposed
Bankman-Fried stepped down from his leadership position at Alameda Research in Oct. 2021in what CFTC regulators claim was a calculated bid to cultivate a false sense of separation between FTX and the hedge fund. But he continued to exercise control, regulators claim.
Bankman-Fried allegedly ordered Alameda to increase its use of customer assets, drawing down massively on its “unlimited” credit line at FTX.
“Alameda was able to rely on its undisclosed ordinary-course access to FTX credit and customer funds to facilitate these large withdrawals, which were several billion dollars in notional value,” the CFTC filing reads.
By the middle of 2022, Alameda owed FTX’s unwitting customers approximately $8 billion. Bankman-Fried had testified before the House that FTX boasted world-class risk management and compliance systems, but in reality, according to the firm’s own bankruptcy filings, it possessed almost nothing in the way of record-keeping.
Then, on Nov. 2, the first domino fell. Crypto trade publication CoinDesk publicized details on Alameda’s balance sheet which showed $14.6 billion in assets. Over $7 billion of those assets were either FTT tokens or Bankman-Fried-backed coins like Solana or Serum. Another $2 billion were locked away in equity investments.
For the first time ever, the secretive inner workings of Alameda Research were revealed to be a Potemkin village. Investors began to liquidate their FTT tokens and withdraw their holdings from FTX, a potentially calamitous situation for Bankman-Fried.
Alameda still had billions of collateralized loans outstanding — but if the value of their collateral, FTT, fell too far, their lenders would execute further margin calls, demanding full repayment of loans.
Allegedly, Alameda had already been unable to fulfill loan obligations over the summer without accessing customer funds. Now, with money flowing out of the exchange and FTT’s price slipping, Alameda and FTX faced a liquidity crunch.
In a now-deleted tweet, Bankman-Fried continued to claim FTX was fully funded and that customer assets were safe. But on Nov. 6, 2022, four days after the CoinDesk article, the crack widened into a chasm, thanks to an old investor-turned-rival, Changpeng “CZ” Zhao.
Zhao founded Binance in 2017, and it was the first outside investor in FTX, funding a Series A round in 2019. FTX bought out Binance in 2021 with a combination of FTT and other coins, according to Zhao.
Zhao dropped the hammer with a tweet saying that because of “recent revelations that have came [sic] to light, we have decided to liquidate any remaining FTT on our books.”
FTX executives scrambled to contain the damage, and Alameda traders managed to fend off outflows for two days, holding the price of FTT at around $22.
Publicly, Bankman-Fried continued to operate as if all was well. “FTX is fine. Assets are fine,” he wrote in a tweeton Nov. 7 that has since been deleted.
But at the same time Bankman-Fried was tweeting reassurances, internally, executives were growing more and more alarmed at the increasing shortfall, according to prosecutors. Bankman-Fried and other executives admitted to each other that “FTX customer funds were irrevocably lost because Alameda had appropriated them.”
It was an admission that flew in the face of everything Bankman-Fried would claim publicly up through the day of his arrest, a month later.
By Nov. 8, the shortfall had grown from $1 billion to $8 billion. Bankman-Fried had been courting outside investors for a rescue package, but everyone declined.
FTX issued a pause on all customer withdrawals that day. FTT’s price plummeted by over 75%. Bankman-Fried was in the midst of a high-tech, decentralized run on the bank. Out of options, he turned to Zhao, who announced that he’d signed a “non-binding” letter of intent to acquire FTX.com.
But just a day later, on Nov. 9, Binance said it would not go through with the acquisition, citing reports of “mishandled customer funds” and federal investigations.
Two days later, Bankman-Fried resigned as CEO of FTX and associated entities. FTX’s longtime attorneys at Sullivan & Cromwell approached John J. Ray, who oversaw Enron through its bankruptcy, to assume Bankman-Fried’s former position.
FTX filed for bankruptcy that same day, on Nov. 11, 2022. A month later, Bankman-Fried was arrested by Bahamian authorities, pending extradition on charges of fraud, conspiracy, and money laundering.
Bankman-Fried, a devotee of a philosophy known as “effective altruism,” was apparently driven by an obsessive need to quantify the impact he had on this world, measured in dollars and tokens. He drafted a spreadsheet which measured the influence that Alameda had on the planet (and determined it was nearly a net wash).
Billions of dollars of customer money were left floating in venture funds, political war chests and charitable coffers, although John Ray’s team has clawed back more than $7 billion so far.
Almost a decade ago, Bankman-Fried posed a hypothetical question to his friends and family on his personal blog: Waxing poetic on effective altruism, he asked rhetorically, “Just how much impact can a dollar have?”
“Well, if you want a one-sentence answer, here it is: one two thousandth of a life,” he said.
The CFTC alleges that over $8 billion of customer funds are missing. Some customers have doubtless lost their life savings, their kid’s college funds, their future down payments. By Bankman-Fried’s own math, his alleged misdeeds were worth four million lives.
— CNBC’s Rohan Goswami contributed to this report.
EQORE, a distributed battery storage startup based in Somerville, Massachusetts, has raised $1.7 million in seed funding to help industrial buildings tackle rising electricity costs. The round was oversubscribed and includes backing from the Massachusetts Clean Energy Center (MassCEC), Henry Ford III of Ford Motor Company, and Jonathan Kraft of The Kraft Group.
The timing couldn’t be more relevant. Data centers are booming, and that demand is slamming an already stressed grid. Big, utility-scale batteries help at the grid level, but they can’t fix the bottlenecks happening on local distribution networks. That’s where onsite storage steps in — storing energy when demand is low and discharging it when demand spikes, which helps stabilize costs for both the grid and the businesses using it.
MassCEC’s head of investments, Susan Stewart, said, “What excites us the most about EQORE’s technology is the dual impact: grid support and customer savings.” She noted that commercial and industrial buildings are ideal hosts for battery storage, but haven’t gotten much attention until now. “EQORE is closing that gap.”
Investor Randolph Mann highlighted what makes the company stand out: “By uniting advanced controls with high‑resolution metering and true end‑to‑end service, EQORE finally makes commercial behind-the-meter storage effortless and financially compelling for businesses.”
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EQORE comes out of MIT’s Sandbox program and delta v accelerator and is currently part of the Harvard Climate Entrepreneurs Circle incubator. CEO and cofounder Valeriia Tyshchenko, a third‑generation engineer from Ukraine and MIT graduate, said the new funding will help the company scale alongside its existing revenue.
With the seed round closed, EQORE plans to grow its team and ramp up battery deployments at energy-intensive manufacturing facilities. The company doesn’t just install batteries; it operates them. Its autonomous software shifts when a facility uses power based on market conditions and utility incentives, reshaping load in real-time without disrupting operations.
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Hyundai took the sheets of its new off-road electric SUV, the Crater Concept, at the LA Auto Show. Here’s our first look at the compact off-roader.
Meet Hyundai’s new off-road SUV, the Crater Concept
We knew it was coming after Hyundai teased the off-road SUV earlier this week, hidden under a drape. Hyundai took the sheets off the Crater Concept at the LA Auto Show on Thursday, giving us our first real look at the rugged off-roader.
Hyundai refers to it as a compact off-road SUV that’s inspired by extreme events. The concept was brought to life at the Hyundai America Technical Center in Irvine, California.
The off-road SUV draws design elements from Hyundai’s Extra Rugged Terrain (XRT) models, such as the IONIQ 5 XRT, Santa Cruz XRT, and the new Pallisade XRT Pro.
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Although it’s a concept, Hyundai said the Crater Concept is a testament to its commitment to designing future XRT vehicles that are more functional, more capable, and more emotional.
The Hyundai Crater off-road SUV Concept (Source: Hyundai)
“CRATER began with a question: ‘What does freedom look like?’ This vehicle stands as our answer,” Hyundai’s global design boss, SangYup Lee said.
The off-road SUV features Hyundai’s new Art of Steel design theme, first showcased on the THREE concept at the Munich Motor Show in September.
The Hyundai Crater Concept (Source: Hyundai)
Hyundai said the design team was guided by one clear goal: To create a rugged and capable vehicle that’s designed to go anywhere. The Crater Concept embodies that vision with added wide skid plates, 33″ off-road tires, limb risers, rocker panels, and a roof platform.
Hyundai designed the interior for “tech-savvy adventure seekers,” with a singular design centered around a high-brow crash pad that stretches across the dashboard.
The Hyundai Crater Concept (Source: Hyundai)
The concept also swaps the traditional infotainment setup for a head-up display that spans the entire front window, which Hyundai said includes a live rearview camera.
Hyundai’s off-roader includes a new Off-Road Controller for front and rear locking differentials, as well as a terrain selector with modes including Sand, Snow, and Mud. Other off-road features include downhill brake control, trailer brake control, a compass, and an altimeter.
Although Hyundai said it was electric, it didn’t reveal any further details about the powertrain. The off-road SUV could be a battery-electric or fuel-cell-electric vehicle.
Like the new Nexo, Hyundai’s hydrogen fuel cell vehicle, the concept features “HTWO” lamps exclusive to its FCEVs.
Earlier this week, the design team at Hyundai Design North America also introduced its new design and ideation studio codenamed “The Sandbox.” The creative design studio is set to serve as a global hub for future XRT vehicles and gear.
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OpenAI is partnering with Taiwan’s Foxconn, the world’s largest contract electronics manufacturer, to design and build artificial intelligence data center components in the U.S., the AI startup’s latest announcement tied to its massive infrastructure development plans.
While no financial terms were disclosed, OpenAI said in Thursday’s announcement that it will have early access to evaluate the systems Foxconn produces, and the option to purchase them. The companies said the goal is to accelerate the deployment of infrastructure while securing long-term U.S. capacity.
Under the agreement, OpenAI and Foxconn will co-develop multiple generations of AI servers in parallel, while manufacturing core components like power, networking, and cooling systems at Foxconn’s U.S. facilities. The company’s website says it has factories in Wisconsin, Ohio, Texas, Virginia and Indiana.
“This partnership is a step toward ensuring the core technologies of the AI era are built here,” OpenAI CEO Sam Altman said in a statement, calling AI infrastructure a “generational opportunity to reindustrialize America.”
OpenAI has been on a dealmaking blitz of late with many of the world’s largest technology companies, and has announced spending commitments of roughly $1.4 trillion, raising concerns about whether the startup will ever generate enough profit to justify those investments. Altman said earlier this month that the company will hit $20 billion in annualized revenue by the end of this year and hundreds of billions by 2030.
Prior deals include a $100 billion announced — but unfinalized — agreement with Nvidia for the chipmaker to invest in OpenAI in phases as the company builds out infrastructure. OpenAI also has cloud partnerships with Microsoft, Google and Amazon and hefty compute buildout commitments with Oracle.
Foxconn adds a manufacturing layer, further localizing OpenAI’s supply chain and potentially speeding the pace of deployment. The company is best known for assembling Apple’s iPhones but has expanded into AI and automotive manufacturing. It builds server racks tailored for AI workloads and is a key global supplier to Nvidia, the dominant player in high-end AI chips.
“Foxconn is uniquely positioned to support OpenAI’s mission with trusted, scalable infrastructure,” said Chairman Young Liu.
But the company has a checkered history in the U.S. In 2018, Foxconn broke ground on what was supposed to be a massive factory in Wisconsin for making flat-panel displays. That project was a failure, and is now the site of an AI data center being built by Microsoft.