Prosecutors in Bankman-Fried trial compare defense argument to ‘Dumb and Dumber’
Former FTX Chief Executive Sam Bankman-Fried, who faces fraud charges over the collapse of the bankrupt cryptocurrency exchange, walks outside the Manhattan federal court in New York City, U.S. March 30, 2023.
Amanda Perobelli | Reuters
Prosecutors in the criminal trial against FTX founder Sam Bankman-Fried compared one of the defense’s arguments to a scene in the 1994 film “Dumb and Dumber,” in which actor Jim Carrey says IOUs are “as good as money.”
In a written brief on Thursday to Judge Lewis Kaplan, who’s presiding over the Manhattan trial, assistant U.S. attorneys for the Southern District of New York took issue with several of the jury instructions provided by the defense team.
One specific directive reminded prosecutors of the 29-year-old comedy about two less-than-intelligent friends (played by Carrey and Jeff Daniels) who take a cross-country trip to Colorado to return a briefcase full of money to its owner, though the cash had actually been left as ransom.
“If you find that FTX customers, after depositing funds with FTX, received a credit to transact on the FTX exchange and therefore received the right to withdraw an equivalent amount of funds at a later time upon request, that is insufficient to establish that they were deprived of property,” the jury instruction from the defense says.
Much of the government’s case hinges on billions of dollars that FTX, Bankman-Fried’s crypto exchange, siphoned out of customer accounts and used largely to try and cover up losses at sister hedge fund Alameda Research after cryptocurrency prices plunged. Funds also allegedly went to paying for things like a $35 million property in the Bahamas and political donations.
Customers were ultimately unable to retrieve much of their money as FTX and Alameda were simultaneously imploding.
The defense, according to prosecutors, is trying to make the claim to the jury that clients still had a credit to the funds they deposited even if the money wasn’t there because it was being used for other things. Prosecutors say the argument is “untethered to the facts of the case” and that a “credit to obtain funds at a later date, if such funds are ultimately available, is clearly not the same, or as valuable, as the money or property itself.”
In a footnote, the prosecution writes, “A popular movie from the 1990s illustrates the point: a briefcase, once filled with money, is not the same as a briefcase later filled with IOUs.” In “Dumb and Dumber,” when the briefcase reaches its owner, it’s filled with paper.
“That’s as good as money, sir,” says Carrey, playing the character Lloyd Christmas.
Actor Jim Carrey
Filippo Monteforte | AFP | Getty Images
Mark Cohen, Bankman-Fried’s lead defense attorney, didn’t immediately respond to a request for comment.
Bankman-Fried, 31, faces seven criminal fraud charges tied to the collapse of his crypto empire late last year. Bankman-Fried, who has pleaded not guilty, could face life in prison if convicted.
The first three weeks of the trial have been highlighted by testimony from Bankman-Fried’s former close friends, who were also top execs at FTX and Alameda and have since turned on him, some through plea deals with the government. The trial is scheduled to resume late next week and extend into November.
On numerous occasions, Judge Kaplan has called sidebar meetings with the lead government attorneys and Bankman-Fried’s lawyers, to discuss their demeanor in the courtroom. Most recently, on Thursday, Kaplan ripped into lawyers from both sides, in particular telling the prosecution that their latest expert witnesses knew nothing specific about important details and yet called Bankman-Fried’s behavior criminal. Both sides were warned to do better and to communicate more with each other.
— CNBC’s Kate Rooney and Dawn Giel contributed to this report
WATCH: Prosecution in Sam Bankman-Fried trial wrapping up in coming days
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Larry Summers, president emeritus and professor at Harvard University, at the World Economic Forum (WEF) in Davos, Switzerland, on Tuesday, Jan. 21, 2025.
Stefan Wermuth | Bloomberg | Getty Images
Former Treasury Secretary Larry Summers said Wednesday that he will resign from the board of OpenAI after the release of emails between him and the notorious sex offender Jeffrey Epstein.
Summers had announced Monday that he would be stepping back from all public commitments, but it was not immediately clear whether that included his position at the artificial intelligence startup.
“I am grateful for the opportunity to have served, excited about the potential of the company, and look forward to following their progress,” Summers said in a statement to CNBC.
OpenAI’s board told CNBC it respects Summers’ decision to resign.
“We appreciate his many contributions and the perspective he brought to the Board,” the OpenAI board of directors said in a statement.
Details of Summers’ correspondence with Epstein were made public last week after the House Oversight and Government Reform Committee released more than 20,000 documents it obtained pursuant to a subpoena from Epstein’s estate. Summers has faced intense scrutiny following the release of those files.
Summers joined OpenAI’s board in 2023 during a turbulent period for the startup. OpenAI CEO Sam Altman was briefly ousted from the company, though he returned to the chief executive role days later.
In the wake of “The Blip,” as some OpenAI employees call it, Summers was appointed to the board alongside Bret Taylor, former co-CEO of Salesforce, and Quora CEO Adam D’Angelo, who was the only member of OpenAI’s previous board who still held a seat.
Axios was first to report about Summers’ resignation from the board.
President Donald Trump on Friday asked the Department of Justice to investigate the relationship between Epstein and Summers, as well as Epstein’s ties to former President Bill Clinton, JPMorgan Chase and billionaire tech investor Reid Hoffman. Trump has been facing renewed pressure over his own past friendship with Epstein.
Summers is a former president of Harvard University, and Democratic Sen. Elizabeth Warren of Massachusetts told CNN on Monday that the university should sever ties with him. He announced his intention to step back from his public commitments later that day, but said he will continue to fulfill his teaching obligations at Harvard.
“I am deeply ashamed of my actions and recognize the pain they have caused. I take full responsibility for my misguided decision to continue communicating with Mr. Epstein,” Summers said in a statement to CNBC on Monday.
Congress on Tuesday agreed to pass a bipartisan bill ordering the Department of Justice to release all of its files on Epstein, clearing the path for Trump to sign it into law.
WATCH: House overwhelmingly votes to release more Epstein investigation files, sends bill to Senate
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