Sam Bankman-Fried’s lawyers reveal his planned testimony in FTX fraud trial
Lawyers for Sam Bankman-Fried late Wednesday revealed details of his planned testimony if he takes the witness stand at his FTX fraud trial.
Bankman-Fried’s legal team told Judge Lewis Kaplan in a six-page letter that he would address three key areas in such testimony, including suggesting that he relied on FTX’s former legal team in allowing some actions that later led to the implosion and bankruptcy of the cryptocurrency exchange.
Lawyers for the disgraced FTX chief also said he would also cite his understanding of common industry practices, as well as his intention to comply with Bahamian authorities.
Bankman-Fried faces seven criminal counts, including wire fraud, securities fraud and money laundering, that could land him in prison for more than 100 years if he is convicted at his trial in Manhattan federal court.
Bankman-Fried, the son of two Stanford legal scholars, has pleaded not guilty in the case.
Will he or won’t he?
The letter to Kaplan appears to cast doubt on whether the disgraced crypto billionaire will take the witness stand.
Earlier Wednesday, one of Bankman-Fried’s two chief trial attorneys, Mark Cohen, said in a conference call that his client would testify as would three other people.
But in his letter Wednesday evening, Cohen wrote, “Accordingly, should Mr. Bankman-Fried decide to testify in his defense, he should be permitted to testify as to his understanding of industry practices regarding use of omnibus wallets to show his good faith and lack of criminal intent.”
The statement suggests Bankman-Fried might stand down on testifying, should the defense’s requests be rejected.
Blaming ex-FTX lawyers
Kaplan previously ruled that Bankman-Fried’s lawyers could not make a so-called advice of counsel argument in their opening remarks since it might risk prejudicing the jury.
But Cohen in the new letter told Kaplan that although prosecutors “previously moved to preclude Mr. Bankman-Fried from offering evidence or argument regarding the involvement of attorneys,” Bankman-Fried’s “knowledge of the involvement of counsel in these matters” is “directly relevant” to “his state of mind and good faith at the time.”
Cohen cited specific examples where, at the guidance of FTX lawyers, Bankman-Fried adopted a policy which prosecutors argued shows his criminality.
One example was company-wide policy on the encrypted messaging app Signal.
Caroline Ellison, Bankman-Fried’s ex-girlfriend who also ran crypto hedge fund Alameda Research, testified SBF directed FTX and Alameda employees to use the disappearing message setting on Signal. She said he told them to be very careful about what they put in writing because of potential legal exposure.
Lesser-known FTX co-founder and ex-chief technology officer Gary Wang, as well as senior FTX developer Adam Yedidia, also testified to the directive that Signal communications be set to auto-delete.
The government similarly asserted in its opening argument before the jury that the 30-day auto-deletion policy on Signal was because Bankman-Fried “didn’t want a paper trail for his crimes.”
But Cohen wrote that Bankman-Fried’s understanding was that these auto-deletion policies were “instituted under the guidances of lawyers.”
In another example, Cohen pointed to the billions of dollars worth of FTX customer deposits that went directly into a bank account controlled by Alameda.
Prosecutors say 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.
But attorneys for Bankman-Fried allege that SBF’s “understanding as to the involvement of counsel in the formation” of these accounts and in the payment arrangement established between FTX and Alameda would be “directly relevant” to the defendant’s “good faith belief that there was nothing improper about using Alameda-controlled entities to accept FTX customer deposits.”
In these and other examples involving the guidance of former FTX counsel, defense attorneys for Bankman-Fried return to the same rationale that the ex-FTX chief was acting in good faith and not with the criminal intent alleged by the government.
Blaming the Bahamian authorities
Wang has testified that last Nov. 12, after FTX declared bankruptcy, Bankman-Fried asked that Wang drive with him to the Bahamas Securities Commission for a meeting.
On the drive, Bankman-Fried told Wang to transfer assets to Bahamian liquidators because he believed they would allow him to maintain control of the company. Wang said he was not in the meeting with the securities authority, though Bankman-Fried’s dad was present. Wang said he returned to the U.S. and met with American prosecutors the next day.
He faces up to 50 years in prison when he faces a judge for sentencing following this trial. He told jurors he signed a six-page cooperation agreement that requires him to meet with prosecutors, answer their questions truthfully and turn over evidence.
Feds further allege that SBF prioritized paying certain creditors, including Bahamian authorities. In its pretrial motion, the government pointed to Bankman-Fried’s “criminal intent,” as well as the “false nature of his representations” that he wanted to “do right by customers.”
Cohen writes, “We anticipate eliciting testimony from Mr. Bankman-Fried regarding his good faith intentions on November 12, 2022 with respect to compliance with orders by Bahamian authorities to transfer assets from FTX to the Securities Commission of The Bahamas over the objections of FTX’s in-house counsel and U.S. bankruptcy counsel.”
“Such testimony would require Mr. Bankman-Fried to discuss his belief that the Bahamian authorities were acting in the best interests of FTX customers, whereas FTX’s in-house counsel and outside bankruptcy counsel in the United States had conflicts of interest,” the letter continues.
Blaming the status quo in crypto
Bankman-Fried’s understanding of commonly accepted industry practices may also figure prominently in his testimony.
In the crypto vernacular, an omnibus account is where the digital assets of multiple users are held collectively in a single account. Cryptocurrency exchanges and others in the industry typically use this type of collective storage strategy into order to slash costs and streamline the workflow.
In the case of FTX, the commingling of customer and company assets has become a major point of contention between the government and the defense.
Prosecutors argued that FTX’s “use of omnibus wallets is relevant to this case,” the letter said.
“For example, the Government elicited testimony from Mr. Sun that he did not believe that FTX customer deposits could permissibly be commingled with other funds of the business … and that FTX utilized an omnibus wallet for all customer digital assets,” the document continues, referring to FTX’s former general counsel, Can Sun.
“We respectfully submit that Mr. Bankman-Fried’s knowledge of industry practices regarding the use of omnibus wallets is relevant to his good faith belief that his conduct was permissible,” the letter added.
“Mr. Bankman-Fried’s understanding of whether FTX’s actions were consistent with the crypto industry practices with regard to use of omnibus wallets is probative of his good faith belief that FTX’s (and his own) actions were proper.”
Tesla has applied for a permit to operate a ride-hailing service in California, but it will be using human drivers rather than the promised robotaxi.
Last year, Tesla CEO Elon Musk claimed that Tesla would launch “unsupervised self-driving in Texas and California in Q2 2025.”
However, we suspected that this would not be “unsupervised self-driving’ in customer vehicles like Tesla has been promising since 2016, but an internal fleet with teleoperation support in a geo-fenced area for ride-hailing services, much like Waymo has been doing for years.
Sure enough, Musk confirmed last month that this was the plan for Austin in June. We describe this as a “moving of the goal post” for Tesla.
With the focus on Austin in June, Tesla stopped talking about California, which was announced to happen at the same time as Texas last year.
Now, Bloomberg reports that Tesla has applied for a ride-hailing permit in California:
The electric vehicle manufacturer applied late last year for what’s known as a transportation charter-party carrier permit from the California Public Utilities Commission, according to documents viewed by Bloomberg. That classification means Tesla would own and control the fleet of vehicles.
But this application is for a regular ride-hailing service, like Uber, albeit for an internal fleet rather than vehicles operated by customers.
Tesla has yet to apply for a permit to operate driverless vehicles:
In its communications with California officials, Tesla discussed driver’s license information and drug-testing coordination, suggesting the company intends to use human drivers, at least initially. Tesla is applying for the same type of permit used by Waymo, Alphabet Inc.’s robotaxi business. While Tesla has approval to test autonomous vehicles with a safety driver in California, it doesn’t have, nor has applied for, a driverless testing or deployment permit from the state’s Department of Motor Vehicles, according to a spokesperson.
Musk claimed that he believes Tesla will be able to achieve “unsupervised self-driving” in California by “the end of the year”, but he has claimed that every year for the past decade.
The latest available data shows that Tesla’s Full Self-Driving system is achieving about 500 miles between critical disengagement. Tesla has stated that it believes it needs to reach 700,000 miles between critical disengagement to be safer than humans.
Electrek’s Take
This is just a step for Tesla to test ride-hailing services ahead of autonomy. A nothing burger, really, since ride-hailing has obviously been solved already by several companies, Lyft, Uber, Didi, etc.
What needs to be solved is autonomous driving.
As I have been saying for the last year, I am sure Tesla will be able to launch an internal fleet with teleoperation support in a geo-fenced area for a ride-hailing service in California later this year like it plans to do in Austin in June, but that’s nowhere near what Tesla promised since 2016.
It’s a moving of the goal post, and it’s basically just proving that Tesla is able to do something similar to Waymo – 5 years later.
FTC: We use income earning auto affiliate links. More.
Tesla drivers in China are using the new Full Self-Driving update and are racking up fines as the system drives in bike lanes and makes illegal turns.
As we reported earlier this week, Tesla has started to release advanced driver-assist features sold under its Full Self-Driving (FSD) package in China.
The feature is called “Autopilot automatic assisted driving on urban roads” as Tesla seems more cautious about using the term “Full Self-Driving” in China, but it is a feature known for being in the FSD package everywhere else.
Tesla has been facing a lot of issues in releasing FSD features in China. The automaker has been limited in its neural net training due to restrictions about data coming in and out of the country, and it found it difficult to adapt to regulations regarding bus lanes and other China-specific road rules.
CEO Elon Musk warned that FSD in China would be a problem during Tesla’s earnings call last month due to the different rules. He mentioned bus lanes as an example:
By the way, were about the biggest challenges in making FSD work in China is the bus lanes are very complicated. And there’s like literally like hours of the day that you’re allowed to be there and not be there. And then if you accidentally go in that bus lane at the wrong time, you get an automatic ticket instantly. So, it’s kind of a big deal, bus lanes in China.
The automated ticketing system is not just for bus lanes and Tesla owners are learning about it the hard way.
Tesla owners have been testing out the features in live streams on social media and some of them are reporting getting numerous tickets for using FSD.
For example, this Tesla driver received 7 tickets in the space of a single drive because the FSD drove in bike lanes and made illegal maneuvers:
Car News China tracked several live streams and customer feedback on Chinese social media, and the consensus appears to be that it’s “pretty good, but with lots of bugs”.
The drivers are particularly impressed with how “natural” FSD drives, but they also noted that it still
Where the system lacks is the understanding of local traffic rules (such as no use of shoulder/bike lanes on turns, similar to the bus lane rules that Elon talked about in the most recent earnings call) and the sporadic use of wrong lanes (e.g. going straight in a left or right turn only lane) or navigation showing the vehicle in one lane when in fact it’s in another or wrong perception of objects (red balloons as traffic lights). Many of the live streams counted the number of traffic violations from the vehicle and the number of points that would have been taken off or licenses suspended (12 points = suspension) as a result.
Chinese media websites are now getting flooded with Tesla vehicles running red traffic lights, failing to recognize green lights, and driving on restricted lanes, like the video above.
The report also highlights how Tesla is facing strong competition in ADAS in China, with competitors like Nio, Xpeng, BYD, and others launching competitive products, which is not necessarily the case in other markets for Tesla.
Electrek’s Take
I feel like this is likely going to result in bad PR for Tesla in China. You can’t have drivers losing their licenses because FSD doesn’t recognize bike lanes.
Now, of course, Tesla will say that the driver remains responsible, but I don’t know how good Tesla’s messaging is on that front in China.
It’s going to be an interesting story to track in the coming months.
FTC: We use income earning auto affiliate links. More.
After an oil change, a woman found a racial slur printed on the sticker inside her SUV. Now, she’s getting a free electric vehicle. A Nissan dealer nearly 900 miles away is gifting her a free LEAF EV, saying she won’t need an oil change ever again. The electric car was specifically chosen so the shocking incident doesn’t happen again.
Nissan gifts a free LEAF EV after a traumatic oil change
“We were definitely shocked. We couldn’t believe such behavior,” Ramzey Rizk said with Family Nissan, a NY dealer, after hearing about the ordeal.
The incident happened last month at Kunes Buick GMC in Oak Creek, Wisconsin, when Makayla Starks found a racial slur printed on her vehicle’s oil change sticker. Her story went viral, and now, a Nissan dealership nearly 900 miles away is giving her a free LEAF.
Rizk, who owns Family Nissan just outside New York City, told Fox6 “We were frustrated, we were upset.” After gifting her the free vehicle, he added “We’re hoping this helps Makayla by saying we are with you. We got your back.”
Rizk explained that although she lives in Wisconsin and the dealership is in New York, she’s still part of the Nissan family.
The LEAF wasn’t chosen by accident. “It wasn’t so much about giving her a car,” Rizk said, “It was about giving her an electric car that doesn’t need oil changes ever again.”
Starks is still in disbelief over the traumatic experience. Kunes fired the employee immediately, but “the incident with the oil change sticker happened so that was pretty painful and harmful,” she said.
However, “the universe shows up in kind of strange ways,” Starks added,” And I think the silver lining is that I’m unexpectedly getting a car out of all of this, which would be very helpful for my family.” Starks and her fiance, Joey Koepp, will use it as a fresh start.
She is flying to NY on Friday to officially pick up her new LEAF from Family Nissan and does not plan to keep the vehicle she bought from Kunes.
FTC: We use income earning auto affiliate links. More.
-
Sports2 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports11 months agoStory injured on diving stop, exits Red Sox game
-
Sports1 year agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports3 years ago
Team Europe easily wins 4th straight Laver Cup
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike
-
Business2 years agoBank of England’s extraordinary response to government policy is almost unthinkable | Ed Conway