Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Over the past month, lawyers in the criminal trial of Sam Bankman-Fried have brought close to 20 witnesses to the stand and presented hundreds of exhibits to the 12 jurors who will decide the fate of the boy once deemed the king of crypto.
The jury, which began deliberations on Thursday afternoon, has a mountain of evidence to consider in determining whether the 31-year-old founder of FTX is guilty of seven criminal counts, which include wire fraud, securities fraud and money laundering. Bankman-Fried, who has pleaded not guilty to all charges, faces more than 100 years in prison if convicted.
While prosecutors were able to present the jury with testimony from members of the defendant’s inner circle, Bankman-Fried’s case rests largely on his own appearance on the witness stand.
“From beginning to end, Sam Bankman-Fried’s team failed to come up with a real game changer,” said Renato Mariotti, a former prosecutor in the U.S. Justice Department’s Securities and Commodities Fraud Section and now a trial partner in Chicago with Bryan Cave Leighton Paisner. “His fraud was brazen and difficult to explain away, and he lacked the discipline to keep his mouth shut even after it was apparent that he was under criminal investigation.”
In addition to oral testimony, the government brought in other evidence to try and prove its case and to paint a picture of an executive who got too much, too fast, and spent well in excess of his means. These exhibits include encrypted text messages, emails, promissory notes, Google docs, spreadsheets, leaked videos and photos displaying Bankman-Fried’s lavish lifestyle, including of his $35 million condo in the Bahamas.
Lawyers for the U.S. Attorney’s office entered into evidence a series of photos featuring the $35 million penthouse where Sam Bankman-Fried and his fellow co-workers resided.
Source: SDNY
$1.1 billion in promissory notes
For weeks, prosecutors have shown the jury how billions of dollars in FTX customer money went to political donations, venture investments and luxury real estate. They traced the hundreds of millions of dollars that went from company coffers to Bankman-Fried’s personal accounts.
The prosecution presented a series of relatively simple, two-page promissory notes. According to agreements signed by the defendant and Caroline Ellison, who ran hedge fund Alameda Research, Bankman-Fried borrowed more $1.1 billion in the year before his companies — FTX and Alameda — filed for bankruptcy.
Bankman-Fried admitted on the stand that there were likely more loans that weren’t properly documented, so the borrowing probably exceeded what was presented into evidence.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Secret emails
Much of the government’s case against Bankman-Fried hinges on the testimony, emails, and text messages from former top lieutenants who turned against him late last year.
In one email, shared by prosecutors, Bankman-Fried promised preferential treatment to Bahamian customers on the FTX cryptocurrency exchange.
In a message to Ryan Pinder, the attorney general and minister of legal affairs for the Bahamas, Bankman-Fried claimed FTX had “segregated funds for all Bahamian customers” and would be “more than happy to open up withdrawals for all Bahamian customers on FTX, so that they can, tomorrow, fully withdraw all of their assets, making them fully whole.”
The email was sent Nov. 9, one day after FTX had halted withdrawals and two days before it filed for bankruptcy. FTX users had collectively pulled $5 billion off the platform in what amounted to a bank run.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Two other separate email chains show that Bankman-Fried seriously mischaracterized his role at Alameda Research, according to prosecutors.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
In a message to Rob Creamer, the CEO of Geneva Trading and chairman of FIA Principal Traders Group, Bankman-Fried wrote “Alameda has a totally separate team” that he didn’t manage.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Bankman-Fried wrote in an email to a Wall Street Journal reporter that Alameda’s account access “is the same as others” and that its traders don’t have “any special access to client information, marketdata, or trading.” According to the government, those claims have been debunked through witness testimony and internal company documents and text messages.
Alameda’s preferential treatment is spelled out in the two exhibits listed below. They show Alameda’s “allow negative” feature, and a line of credit on FTX that was $65 billion compared to $150 million or less for all other customers on the exchange.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Google Docs
Executives at FTX and Alameda used Google Docs and Sheets to share important financial information, according to their testimony.
Ellison would send alternative versions of balance sheets, some omitting key financials like the amount of customer funds borrowed by Alameda to cover its liabilities, to Bankman-Fried. He would then decide what to send to lenders.
Bankman-Fried would also consider larger strategy decisions in memos to his top execs.
In one memo, Bankman-Fried laid out the merits of shuttering Alameda, pointing to the “PR hit from Alameda and FTX both existing.” He wrote that, “the current Alameda leadership is good, but not good enough to be able to trust with such a big operation.”
He also wrote personal memos after the business had collapsed.
In a Google Doc dated Dec. 25, Bankman-Fried referenced the $600 million-plus stake in Robinhood he’d acquired with capital from Alameda. He wondered whether he should “try calling up the broker HOOD is with and see if they’ll just give me the shares without thinking about it.”
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
A big part of the government’s case revolves around the ways Bankman-Fried allegedly directed spending of money at Alameda long after he was no longer officially running the hedge fund.
In a message to FTX’s then general counsel Can Sun, Bankman-Fried pushed to get a $250 million transfer to hedge fund Modulo Capital expedited in full within eight hours. Sun later testified about the transaction under a non-prosecution agreement with the government.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Getting chummy with celebrities
Bankman-Fried’s chummy ties with celebrities and his enthusiasm for spending hundreds of millions of dollars on endorsement deals were areas of focus for the government.
Prosecutors showed the court a spreadsheet of investments made in 2021. They included $205 million for FTX’s naming rights to Miami’s NBA arena, $150 million to Major League Baseball, $28.5 million to NBA star Stephen Curry, $50 million to quarterback Tom Brady and his then wife Giselle Bundchen, and $10 million to comedian Larry David. The deals on the spreadsheet amounted to a total of $1.13 billion.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Nishad Singh, who was FTX’s director of engineering, testified that the $300 million outlay on investment firm K5 was among the most troubling. He said Bankman-Fried sent him a term sheet detailing hundreds of millions of dollars of bonuses to owners Michael Kives and Bryan Baum. That followed a K5 dinner Bankman-Fried attended alongside Hillary Clinton, Katy Perry, Orlando Bloom, Leonardo DiCaprio, and Kris and Kylie Jenner.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Singh said he told Bankman-Fried he was very concerned and that the K5 investment was “value extractive.” He also said he asked Bankman-Fried if the investment was made with his money or FTX’s. The spreadsheet showed it came from Alameda.
In a motion to dismiss a complaint in bankruptcy court against K5, the firm’s lawyers said the “plaintiffs attempt to make Kives and Baum complicit in SBF’s wrongdoing has no basis in fact.”
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Leaked audio
In an all-hands meeting on the evening of Nov. 9, 2022, Alameda Research employees gathered in a circle to listen to Ellison, the CEO, who was sitting on a beanbag. She told staffers about Alameda’s borrowing from FTX, and said the exchange now had a “shortfall of user funds.”
Christian Drappi, a former software engineer at Alameda, was one of the 15 people in attendance at the meeting in the Hong Kong office. Ten others joined via video from the Bahamas.
In his testimony, Drappi described Ellison’s demeanor that night as “sunken.” He said she was “kinda slouching” and “did not display confident body language.”
In the recording of the Ellison meeting that was played for the jury, Drappi can be heard asking about FTX’s plan to pay back customers. Ellison said the company would raise money to fill the hole. Drappi asked Ellison if Alameda’s loans were collateralized through the spot margin group. She said they weren’t, and Drappi said, “That seems pretty bad.”
Caroline Ellison is questioned during Sam Bankman-Fried’s fraud trial over the collapse of FTX, the bankrupt cryptocurrency exchange, at Federal Court in New York City, U.S., October 11, 2023 in this courtroom sketch.
Jane Rosenberg | Reuters
Encrypted messages
Of the hundreds of items entered into evidence, a bank of messages on encrypted app Signal paint perhaps the clearest picture of Bankman-Fried’s alleged crimes.
One thread, dubbed “small group chat,” included Ellison, Bankman-Fried, and Joe Bankman, the defendant’s father, who advised the company on tax-related issues and other things. Also in the group were Ramnik Arora, a former product lead for FTX; Ryne Miller, who was the company’s general counsel; Constance Wang, ex-operating chief; and former FTX executive Ryan Salame.
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
Source: SDNY
Early in the morning on Nov. 7, the defendant put forth some “potential todos,” including halting withdrawals, sending a “confident tweet thread” and reaching out to firms such as Silverlake, Sequoia, and Apollo as they “wake up over the next few hours” to try to shore up cash.
Later that morning, Salame linked to a tweet from an anonymous crypto trader saying, “cant wait for my FTX airdrop for not moving any of my funds.”
Bankman-Fried chimed in with different ideas about how to take advantage of the post in an apparent effort to provide false hope to FTX customers that they’d receive free tokens if they kept their funds on the platform.
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
Source: SDNY
The next day, Nov. 8, Ellison appealed to the group for help on optics and public messaging.
She wrote, “multiple people internally asking me whether they should continue to make statements to external parties like ‘Alameda is solvent.’ should i suggest they stall instead? just stall on responding to their messages? or what?”
That’s the same day FTX issued a pause on all customer withdrawals. The price of FTT, FTX’s native token, plummeted by over 75%. Out of options, Bankman-Fried turned to Binance CEO Changpeng Zhao, who announced he’d signed a nonbinding letter of intent to acquire FTX.
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
She proposed saying, “Alameda is probably going to wind down” and that there was “no pressure” to stay but help with “stuff like making sure our lenders get paid” would be “super appreciated.”
Bankman-Fried suggested she say something about there “being a future of some sort for those who are excited.”
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
Source: SDNY
The author’s visit
Author Michael Lewis, whose book profiling Bankman-Fried was published the day the trial began, was also the subject of some Signal exchanges.
In a chat on Jan. 5, 2022, Bankman-Fried alerted a group that included Ellison and Singh that Lewis would be coming to the Bahamas the next month to do reporting.
Ellison said her “instincts are more toward under the radar.” Bankman-Fried, a notorious press hound, responded, “same, except exactly the opposite.”
As the grand scheme collapsed months later, Ellison expressed a great deal of relief in a private chat with Bankman-Fried.
Ellison wrote, “this is the best mood I’ve been in in like a year tbh” (“tbh” is short for “to be honest”).
In three consecutive messages, Bankman-Fried responded, “wow,” “uh,” “congrats?”
Ellison wrote, “I think I just had an increasing dread of this day that was weighing on me for a long time, and now that it’s actually happening, it just feels great to get it over with one way or another.”
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
With President Donald Trump’s private dinner for top meme coin holders less than a week away, the leaderboard is awash with crypto wallets that are effectively anonymous.
On May 22, the top 220 $TRUMP holders are invited to a dinner with the president at his Virginia golf club outside of Washington, D.C. The event was announced last month, and the tally closed Monday night.
The nature of the pseudonymous wallets raises questions about the true identities and motivations of the token’s largest holders, who have bought a seat at the table with a U.S. president.
Documents from blockchain analytics firm Inca Digital that were reviewed by CNBC show where the top 275 $TRUMP token holders send and receive the token. Many are heavily tied to international exchanges like Binance that don’t service U.S. customers, an indication that they’re likely not U.S. citizens.
An analysis by Bloomberg revealed that 19 of the top 25 wallets are almost certainly owned by individuals operating outside the U.S.
Justin Sun, who openly shared that he bought $75 million worth of the Trump family’s World Liberty Financial token — a digital coin where 75% of proceeds go to Trump-related entities — is believed to be at the top of the $TRUMP meme token leaderboard.
Sun, who was born in China, is the crypto entrepreneur behind the Tron blockchain and is in talks with the SEC to resolve civil fraud charges.
A wallet called Sun currently holds more than $18 million worth of $TRUMP, with $4.5 million bought after the dinner contest announcement, according to Bloomberg.
Multiple reports point to the wallet being tied to the Tron founder. A representative for Sun didn’t respond to CNBC’s request for comment or confirm whether Sun is the wallet owner.
MemeCore, a Singapore-based crypto network that was vocal in its quest to secure a spot at the Trump dinner, landed in second place with an investment of $18 million. An Australian crypto entrepreneur also reportedly made the cut.
The leaderboard points to the token’s extreme volatility.
Inca Digital told CNBC that while 560,376 wallets have made a combined $5.2 billion in realized gains on the $TRUMP token, an even larger number — 592,962 wallets — have collectively lost $3.9 billion.
The figures underscore the massive wealth transfer within Trump’s crypto ecosystem, where early buyers have seen windfalls while the majority have suffered losses.
Chainalysis and Elliptic, two leading blockchain analytics firms, initially tracked $TRUMP token movements and trading fees. But days after CNBC published a story on the number of crypto wallets that had lost money on the meme coin, the firms said they were too busy with existing clients to continue blockchain analysis of the president’s self-branded meme token.
Sen. Richard Blumenthal, D-Conn., the ranking member of the Senate Subcommittee on Investigations, warned that the Trump family’s growing crypto holdings may serve as a backdoor for foreign and corporate interests seeking access to the president.
Freight Technologies, a Houston-based logistics firm that trades on the Nasdaq and has a market cap of just over $2.3 million, bought $2 million worth of the $TRUMP tokens to influence U.S.-Mexico trade policy, according to a release. CEO Javier Selgas described the move as a strategic push to “champion fair and free trade” across the U.S.-Mexico border.
Freight Technologies finished in 250th place, missing the cut for the dinner.
The update incentive applies to Tesla’s entire lineup of new vehicles.
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Tesla also introduced a new incentive for Lyft drivers. They are eligible to $1,000 in Tesla credits when taking delivery and $1,000 from Lyft if they complete 100 deliveries by July 13.
The automaker wrote on its website:
Eligible Lyft drivers who purchase a new Tesla vehicle can receive $1,0001 in Tesla Credits upon taking delivery and a $1,000 incentive from Lyft after completing 100 trips on or before July 13, 2025. Tesla Credits can be used toward Supercharging, a new Tesla vehicle, service appointments or select Tesla Shop or upgrade purchases. Offer available to active Lyft drivers in good standing.
Tesla also started reaching out to Cybertruck reservation holders to let them know that they only have a month before they can’t take advantage of lower FSD prices.
The automaker wrote in the email:
As an early reservation holder, you have access to a reserved Full Self-Driving (Supervised) price of $7,000. To keep this price, you’ll need to take delivery by June 15, 2025. After June 15, 2025, FSD (Supervised) will be available at the latest price, which is currently $8,000.
When Tesla started taking Cybertruck reservations in 2019, Tesla said that by reserving the truck, reservation holders were locking in the then $7,000 price for its ‘Full Self-Driving’ package.
It looks like Tesla is now putting a deadline to take advantage of this deal to boost orders of the Cybertruck, which has proven to be a commercial flop.
On top of all these incentives, Tesla is also subsidizing interest rates to offer 0% financing on Model 3, and 1.99% financing on Model Y.
All those incentives in place point to Tesla having significant demand issues in the US.
Tesla’s global sales came about 50,000 units below expectations, which the company blamed on the production changeover of Model Y, its most popular model by far.
However, production is now back up to normal in Q2, and Tesla is clearly having issues selling the updated Model Y.
The automaker has no backlog of orders for the new Model Y and vehicles are already piling up in inventory:
We reported last week that Tesla employees wrote an open letter calling for Elon Musk’s removal as CEO due to the damage he has caused to the brand.
This is not a great sign for Tesla. These are end-of-quarter level incentives when we are just about halfway through the quarter.
And that’s just in the US, where Tesla’s sale performance is more opaque.
In Europe and China, where we know for a fact that Tesla is struggling with sales, the automaker is virtually offering 0% financing on its entire lineup.
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The electric box van experts at Harbinger announced a new, EREV version of their medium-duty van that pairs a big battery with a small, gas-powered ICE engine to offer fleets that are hesitant to electrify a massive 500 miles of autonomy on a single charge + tank.
The American truck brand is putting its latest $100 million raise to good use, developing a cost-competitive EREV chassis that marries a low-emissions 1.4L inline four-cylinder gas engine with a close coupled 800V generator sending power to a 140 or 175 kW battery for up to 500 miles of fully loaded range. More than enough, in other words, to meet the needs of just about any fleet you can think of.
That’s a good thing, too, because medium-duty trucks are put to work in just about any circumstance you can think of, as well – a fact that’s not lost on Harbinger.
“Medium-duty vehicles serve an incredibly diverse range of applications, just like the fleets and operators that rely on them, ” explains John Harris, Co-founder and CEO, Harbinger. “There are some fleets whose needs simply can’t be met with a purely electric vehicle—and we recognize that. Our hybrid is designed for use cases and routes that go beyond what an all-electric system typically supports. The series hybrid delivers the benefits of an electric drivetrain, along with the added confidence of a range extender when needed.”
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In addition an up-front cost that should make it an attractive prospect for fleet buyers, the new Harbinger EREV pack performance that should made it attractive for its drivers, too. The new chassis’ electric powertrain delivers 440 hp and 1,140 lb-ft of tq for quick acceleration into traffic and smooth running, even under load. Charging performance is also quick, with the ability to get the big battery from 10-80% charge in just under an hour on a 150 kW port.
You’ve heard all this before
Thor hybrid RV concept; via Thor.
If that sounds familiar, that’s because it is. This medium-duty chassis was first shown last year, making its debut under a Thor Class A motorhome concept that we covered in September. That vehicle promised the same great EREV range and capability to a market that values independence and spontaneity more than most, and bringing those values to a medium-duty commercial market that’s lapping up “messy middle” propaganda from Shell NACFE is just smart business.
The new Harbinger chassis’ batteries are manufactured by Panasonic. No word on who is making the 1.4L ICE generator, but my money’s on the GM SGE four-cylinder last seen in the gas-powered Chevy Spark. You guys are smart, though – if you have a better guess who the supplier might be, let us know in the comments.
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