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FTX Founder Sam Bankman-Fried arrives at Manhattan Federal Court for a court appearance in New York, United States on June 15, 2023. 

Fatih Aktas/ | Anadolu Agency | Getty Images

Sam Bankman-Fried, who pleaded not guilty to criminal fraud charges tied to the collapse of his crypto empire, has one last chance to get a Manhattan jury to believe him.

After two days on the witness stand, Bankman-Fried is set to wrap up his testimony on Tuesday. All that’s left is a couple more hours of cross-examination by prosecutors, followed by a redirect examination by Bankman-Fried’s team. After that, the defense plans to rest its case.

The roughly four-week trial has largely consisted of government-supported testimony from Bankman-Fried’s former close friends, confidants and top executives at crypto exchange FTX and sister hedge fund Alameda Research. They all singled out Bankman-Fried as the mastermind of a scheme to use FTX customer money to fund everything from venture investments and a high-priced condo in the Bahamas to covering Alameda’s crypto losses after the market crashed last year.

Bankman-Fried’s defense failed to land any significant blows in cross-examining the prosecution’s key witnesses, including Caroline Ellison, the defendant’s ex-girlfriend and the former head of Alameda. When it was defense attorney Mark Cohen’s chance to take the lead, he only called three witnesses, with the bulk of his case riding on Bankman-Fried’s ability to convince the jury of his story.

The 31-year-old former billionaire, whose crypto businesses spiraled into bankruptcy over the course of a few days last November, told jurors in his first day on the stand on Friday that he didn’t commit fraud and that he thought FTX’s outside expenditures, like paying for the naming rights at a sports arena, came out of company profits.

When asked by Cohen on Friday morning if he defrauded anyone, Bankman-Fried said, “No, I did not.” His lawyer then asked if he took customer money, to which Bankman-Fried said, “No.”

FTX founder Sam Bankman-Fried is questioned by prosecutor Danielle Sassoon during his fraud trial over the collapse of the bankrupt cryptocurrency exchange, before U.S. District Judge Lewis Kaplan at federal court in New York City, U.S., October 30, 2023 in this courtroom sketch. 

Jane Rosenberg | Reuters

Bankman-Fried, the son of two Stanford University legal scholars, faces seven criminal counts, including wire fraud, securities fraud and money laundering, that could land him in prison for life if he’s convicted. His argument to the jury is that he made mistakes, like not having a risk management team in place, which led to “significant oversights.” But when it comes to the central question — what happened to billions of dollars in customer money — Bankman-Fried doesn’t offer any clear explanations and claims to not really know.

Ellison, who was one of several witnesses cooperating with the government on a plea deal, had a more precise answer, in her Oct. 10 appearance on the stand.

“We ultimately took around $14 billion, some of which we were able to pay back,” she said. “I sent balance sheets to lenders at the direction of Sam that incorrectly stated Alameda’s assets and liabilities.”

Ellison said Alameda siphoned several billion dollars from FTX customers and that Bankman-Fried had not only set up a system to steal the funds but also directed Ellison and others to use customer funds to repay loans in the ballpark of $10 billion.

Bankman-Fried testified that he wasn’t aware of the amount Alameda was borrowing from FTX, or its theoretical max. As long as Alameda’s net asset value was positive and the scale of borrowing was reasonable, increasing its line of credit so that Alameda could keep filling orders was fine, he said. Earlier testimony from former engineering director Nishad Singh and co-founder Gary Wang suggested the line of credit was raised to $65 billion, a number Bankman-Fried said he wasn’t aware of.

Prosecutors entered corroborating materials, including encrypted Signal messages and other internal documents that appear to show Bankman-Fried orchestrating the spending of FTX customer money.

‘Average level sports fan’

Caroline Ellison, former chief executive officer of Alameda Research LLC, leaves Manhattan Federal Court after testifying during the trial of FTX CEO Sam Bankman-Fried, on October 10, 2023 in New York City. 

Michael M. Santiago | Getty Images

When it came to Ellison, Bankman-Fried said that he repeatedly tried to make sure she was implementing sufficient hedging strategies at Alameda to ensure the fund didn’t collapse under the weight of tumbling crypto prices.

Bankman-Fried testified about several conversations on the matter he’d had with Ellison between June and September 2022, and said he was notably concerned about the decline in Alameda’s net asset value from $40 billion the prior year to $10 billion.

The market had already dropped 70% and if it fell another 50%, he was afraid the firm would be insolvent, Bankman-Fried told the jury.

“She started crying,” Bankman-Fried said, regarding Ellison’s reaction when he told her that. “She agreed.”

Bankman-Fried said Ellison offered to resign over the matter, but the defendant testified he wasn’t focused on blame or past failures but rather making sure that Alameda remained solvent.

In September, he checked in again with Ellison about the hedging activity, Bankman-Fried testified. Ellison told him Alameda had hedged. He asked about the scale of the trades and said his instinct was that they could have been twice the size. After Ellison sent him spreadsheets about the trades, she agreed there was more room to hedge and she did so, Bankman-Fried said.

In walking through FTX’s failure, Bankman-Fried discussed the role played by Singh, who was also called as a government witness. Bankman-Fried highlighted Singh’s personal financial problems, and said he was suicidal with a therapist on call 24/7 to watch over him. Bankman-Fried said he was trying to comfort Singh about his loans and expenses in part to prevent him from hurting himself.

In describing the swift downfall of FTX, Bankman-Fried said that customer withdrawals had quickly increased from $50 million a day to $1 billion a day. He said it was like a run on the bank and he was very concerned since the only way to withdraw all customer funds was to liquidate every open margin trade.

Bankman-Fried defended his tweets from early November that he said were designed to ease customer concerns.

Regarding the “assets are fine” tweet he wrote during the panic, he said he thought Alameda’s net asset value was roughly $10 billion and that FTX didn’t have a hole in its balance sheet.

“My view was the exchange was OK and there was no hole in the assets,” he told the court.

Shorter answers

In testimony later on Monday, Bankman-Fried was faced with cross-examination as the government had its turn with the defendant. Far from the more descriptive answers Bankman-Fried provided in response to Cohen’s questions, the prosecutors inquiries were met with a lot of quick replies like “Yep” and “I don’t recall.”

In some instances, his answers were directly followed with a government exhibit, such as a tweet, interview transcript, congressional testimony or email, intended to dispute his answer.

For example, Assistant U.S. Attorney Danielle Sassoon asked Bankman-Fried if he assured people that Alameda played by the same rules as others on the FTX exchange. Bankman-Fried said he wasn’t sure. The government followed by showing a tweet from him directly addressing the topic along with an email in which he wrote that Alameda’s account is like everyone else’s.

After the government wraps its questioning on Tuesday and the defense gets its shot at redirect, all that’s left on the docket is two witness rebuttals from the prosecution. One will come from an FBI data analyst and the other from an employee at investment firm Apollo, which had been in talks to help finance an FTX rescue.

At that point, Bankman-Fried’s fate will lie in the hands of the 12 jurors who have spent the past four weeks sitting a few feet away from the defendant in a lower Manhattan courtroom.

If you are having suicidal thoughts or are in distress, contact the Suicide & Crisis Lifeline at 988 for support and assistance from a trained counselor.

— CNBC’s Dawn Giel contributed to this report

WATCH: Sam Bankman-Fried walks jury through final days of FTX

Sam Bankman-Fried walks jury through final days of FTX: CNBC Crypto World

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Week in review: The Nasdaq’s worst week since April, three trades, and earnings

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Week in review: The Nasdaq's worst week since April, three trades, and earnings

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Too early to bet against AI trade, State Street suggests 

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Too early to bet against AI trade, State Street suggests 

Momentum and private assets: The trends driving ETFs to record inflows

State Street is reiterating its bullish stance on the artificial intelligence trade despite the Nasdaq’s worst week since April.

Chief Business Officer Anna Paglia said momentum stocks still have legs because investors are reluctant to step away from the growth story that’s driven gains all year.

“How would you not want to participate in the growth of AI technology? Everybody has been waiting for the cycle to change from growth to value. I don’t think it’s happening just yet because of the momentum,” Paglia told CNBC’s “ETF Edge” earlier this week. “I don’t think the rebalancing trade is going to happen until we see a signal from the market indicating a slowdown in these big trends.”

Paglia, who has spent 25 years in the exchange-traded funds industry, sees a higher likelihood that the space will cool off early next year.

“There will be much more focus about the diversification,” she said.

Her firm manages several ETFs with exposure to the technology sector, including the SPDR NYSE Technology ETF, which has gained 38% so far this year as of Friday’s close.

The fund, however, pulled back more than 4% over the past week as investors took profits in AI-linked names. The fund’s second top holding as of Friday’s close is Palantir Technologies, according to State Street’s website. Its stock tumbled more than 11% this week after the company’s earnings report on Monday.

Despite the decline, Paglia reaffirmed her bullish tech view in a statement to CNBC later in the week.

Meanwhile, Todd Rosenbluth suggests a rotation is already starting to grip the market. He points to a renewed appetite for health-care stocks.

“The Health Care Select Sector SPDR Fund… which has been out of favor for much of the year, started a return to favor in October,” the firm’s head of research said in the same interview. “Health care tends to be a more defensive sector, so we’re watching to see if people continue to gravitate towards that as a way of diversifying away from some of those sectors like technology.”

The Health Care Select Sector SPDR Fund, which has been underperforming technology sector this year, is up 5% since Oct. 1. It was also the second-best performing S&P 500 group this week.

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People with ADHD, autism, dyslexia say AI agents are helping them succeed at work

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People with ADHD, autism, dyslexia say AI agents are helping them succeed at work

Neurodiverse professionals may see unique benefits from artificial intelligence tools and agents, research suggests. With AI agent creation booming in 2025, people with conditions like ADHD, autism, dyslexia and more report a more level playing field in the workplace thanks to generative AI.

A recent study from the UK’s Department for Business and Trade found that neurodiverse workers were 25% more satisfied with AI assistants and were more likely to recommend the tool than neurotypical respondents.

“Standing up and walking around during a meeting means that I’m not taking notes, but now AI can come in and synthesize the entire meeting into a transcript and pick out the top-level themes,” said Tara DeZao, senior director of product marketing at enterprise low-code platform provider Pega. DeZao, who was diagnosed with ADHD as an adult, has combination-type ADHD, which includes both inattentive symptoms (time management and executive function issues) and hyperactive symptoms (increased movement).

“I’ve white-knuckled my way through the business world,” DeZao said. “But these tools help so much.”

AI tools in the workplace run the gamut and can have hyper-specific use cases, but solutions like note takers, schedule assistants and in-house communication support are common. Generative AI happens to be particularly adept at skills like communication, time management and executive functioning, creating a built-in benefit for neurodiverse workers who’ve previously had to find ways to fit in among a work culture not built with them in mind.

Because of the skills that neurodiverse individuals can bring to the workplace — hyperfocus, creativity, empathy and niche expertise, just to name a few — some research suggests that organizations prioritizing inclusivity in this space generate nearly one-fifth higher revenue.

AI ethics and neurodiverse workers

“Investing in ethical guardrails, like those that protect and aid neurodivergent workers, is not just the right thing to do,” said Kristi Boyd, an AI specialist with the SAS data ethics practice. “It’s a smart way to make good on your organization’s AI investments.”

Boyd referred to an SAS study which found that companies investing the most in AI governance and guardrails were 1.6 times more likely to see at least double ROI on their AI investments. But Boyd highlighted three risks that companies should be aware of when implementing AI tools with neurodiverse and other individuals in mind: competing needs, unconscious bias and inappropriate disclosure.

“Different neurodiverse conditions may have conflicting needs,” Boyd said. For example, while people with dyslexia may benefit from document readers, people with bipolar disorder or other mental health neurodivergences may benefit from AI-supported scheduling to make the most of productive periods. “By acknowledging these tensions upfront, organizations can create layered accommodations or offer choice-based frameworks that balance competing needs while promoting equity and inclusion,” she explained.

Regarding AI’s unconscious biases, algorithms can (and have been) unintentionally taught to associate neurodivergence with danger, disease or negativity, as outlined in Duke University research. And even today, neurodiversity can still be met with workplace discrimination, making it important for companies to provide safe ways to use these tools without having to unwillingly publicize any individual worker diagnosis.

‘Like somebody turned on the light’

As businesses take accountability for the impact of AI tools in the workplace, Boyd says it’s important to remember to include diverse voices at all stages, implement regular audits and establish safe ways for employees to anonymously report issues.

The work to make AI deployment more equitable, including for neurodivergent people, is just getting started. The nonprofit Humane Intelligence, which focuses on deploying AI for social good, released in early October its Bias Bounty Challenge, where participants can identify biases with the goal of building “more inclusive communication platforms — especially for users with cognitive differences, sensory sensitivities or alternative communication styles.”

For example, emotion AI (when AI identifies human emotions) can help people with difficulty identifying emotions make sense of their meeting partners on video conferencing platforms like Zoom. Still, this technology requires careful attention to bias by ensuring AI agents recognize diverse communication patterns fairly and accurately, rather than embedding harmful assumptions.

DeZao said her ADHD diagnosis felt like “somebody turned on the light in a very, very dark room.”

“One of the most difficult pieces of our hyper-connected, fast world is that we’re all expected to multitask. With my form of ADHD, it’s almost impossible to multitask,” she said.

DeZao says one of AI’s most helpful features is its ability to receive instructions and do its work while the human employee can remain focused on the task at hand. “If I’m working on something and then a new request comes in over Slack or Teams, it just completely knocks me off my thought process,” she said. “Being able to take that request and then outsource it real quick and have it worked on while I continue to work [on my original task] has been a godsend.”

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