Three hours to guilty: How the government nailed Sam Bankman-Fried
Former FTX Chief Executive Sam Bankman-Fried, who faces fraud charges over the collapse of the bankrupt cryptocurrency exchange, arrives on the day of a hearing at Manhattan federal court in New York City, January 3, 2023.
David Dee Delgado | Reuters
In Sam Bankman-Fried’s fraud trial, prosecutors won quickly by keeping it simple.
Jurors needed only about three hours of deliberations to find the FTX founder guilty of seven criminal counts, which could amount to a life sentence. For a high-profile monthlong trial that involved nearly 20 witnesses and hundreds of exhibits, experts told CNBC they’d never seen such a speedy decision.
“The jury came back in next to no time on seven counts of fraud and conspiracy, a charge that is notoriously difficult to prove beyond a reasonable doubt in typical cases, especially for complex financial wrongdoing,” said Yesha Yadav, professor of law and associate dean at Vanderbilt University.
Working in the government’s favor was a basic fact that’s accepted by just about everyone: stealing money is wrong.
Both the prosecution and defense agreed that $10 billion in customer money that was sitting in FTX’s crypto exchange went missing, with some of it going toward payments for real estate, recalled loans, venture investments, and political donations. They also agreed that Bankman-Fried was calling the shots.
The key question for jurors was one of intent. Did Bankman-Fried knowingly commit fraud in directing those payouts with FTX customer cash, or did he simply make some mistakes along the way?
Nicolas Roos and Danielle Sassoon, the two assistant U.S. attorneys who led the prosecution’s case through the trial, continuously reminded investors that billions of dollars went missing at the expense of ordinary investors. Crypto may be complicated because it’s unregulated and has been difficult to categorize as a currency, commodity or something else. But Roos and Sassoon emphasized how little any of that mattered to the case at hand.
The prosecution called as its first witness a London-based cocoa bean trader who lost $100,000 on FTX. The investor, Marc-Antoine Julliard, turned to the platform in 2021 to diversify his holdings because he said the company gave the impression that it was trustworthy.
“The key at trial, aside from the multiple cooperators, was the way in which prosecutors simplified the case and tried it as a garden-variety fraud instead of as a complex crypto scheme,” Renato Mariotti, a former prosecutor in the U.S. Justice Department’s Securities and Commodities Fraud Section, told CNBC.
Mariotti, who’s now a trial partner in Chicago with Bryan Cave Leighton Paisner, said, “The simpler story is usually the winner at a jury trial.”
Damian Williams, U.S. attorney for the Southern District of New York, underscored that point in a press briefing after the verdicts were read on Thursday evening.
“While the cryptocurrency industry might be new and the players like Sam Bankman-Fried might be new, this kind of corruption is as old as time,” Williams said. “This case has always been about lying, cheating, and stealing, and we have no patience for it.”
Prosecutors had a lot going for them.
Bankman-Fried, the 31-year-old son of two Stanford legal scholars, had shirked legal advice well after FTX and sister hedge fund Alameda Research spiraled into bankruptcy in late 2022. He remained prolific and unfiltered in dealing with the press, even speaking publicly by video to journalist Andrew Ross Sorkin at the New York Times DealBook Summit, which took place three weeks after his crypto empire collapsed.
“What do your lawyers tell you right now,?” Sorkin asked. “Are they suggesting this is a good idea for you to be speaking?
“No, they are very much not,” Bankman-Fried responded. “The classic advice — don’t say anything, recede into a hole. And that’s not who I am. It’s not who I want to be.”
That interview, along with others, came back to haunt him. Audio and video clips and news excerpts, from before, during and after FTX’s failure, gave the prosecution a mountain of evidence on top of the damning witness testimony it was able to present.
‘Impossible position’
In September of 2022, when the crisis had become evident internally, Bankman-Fried told CNBC that he had $1 billion in free cash to deploy across the industry. The following month, at an event in Washington, D.C., he boasted of FTX’s role in helping to prop up the industry through a cascade of failures.
In presenting those statements to the jury, the prosecution made clear that Bankman-Fried knew he was lying.
“SBF lost this case before it started,” Mariotti said. “He put his lawyers in an impossible position by committing outlandish crimes and refusing to keep his mouth shut even after it was apparent that he was under investigation.”
Sassoon ended by telling the jurors that Bankman-Fried thought he could fool customers, reporters and the public. Now, he was aiming to fool them.
“Don’t fall for it,” she said. “Find him guilty.”
Paul Tuchmann, a former federal prosecutor who is currently a partner with Wiggin and Dana LLP, said a three-hour deliberation for a trial of this length is “not common at all.”
“It really goes to show the strength of the government’s case,” said Tuchmann.
While prosecutors brought up witnesses from Bankman-Fried’s inner circle who were cooperating as part of plea agreements, the defense’s case was mostly built on testimony from the defendant himself. Tuchmann described Bankman-Fried’s performance as “unpersuasive.”
Sam Bankman-Fried’s parents, seated to the left, react to the verdict. U.S. Attorney Damian Williams is seated to the far right.
Artist: Elizabeth Williams
Starring for the prosecution was Caroline Ellison, Bankman-Fried’s ex-girlfriend and the former head of Alameda. On the stand, Ellison, who pleaded guilty in December to multiple charges, said that she and Bankman-Fried committed “fraud, conspiracy to commit fraud and money laundering.”
Jurors also got to hear Ellison on tape describing to employees the huge hole in FTX’s balance sheet and the disappearance of customer money. And they saw text messages she sent to Bankman-Fried, including one as the grand scheme was falling apart, in which she wrote “this is the best mood I’ve been in in like a year” because the nightmare was all finally coming to an end.
“No one had a shred of support for SBF, nor should they have,” trial attorney James Koutoulas told CNBC.
Regarding the speedy deliberation, Koutoulas said, “That’s enough time for everybody to be like, I’m glad it’s over, let’s eat our cookies or our sandwiches, recap the facts, and everybody say, ‘OK, well he’s guilty, right?'”
In addition to Ellison, the government called to the stand FTX co-founder Gary Wang, who was Bankman-Fried’s childhood friend from math camp, FTX’s former director of engineering Nishad Singh, and Bankman-Fried’s former roommate and senior FTX coder Adam Yedidia. FTX’s ex-general counsel Can Sun also testified.
“The prosecution featured no fewer than four cooperating witnesses from the senior ranks of the companies, all of whom convincingly described the defendant as the leader of the fraudulent schemes,” said Kevin J. O’Brien, a former assistant U.S. attorney who specializes in white collar criminal defense in New York. “The prosecutors were confident, brisk and well-organized in their presentation, which juries in a complex, lengthy case always appreciate.”
The defense, led by Mark Cohen, tried to create reasonable doubt by pointing out flaws in testimony. But O’Brien said the defense failed to negate the important facts.
When Bankman-Fried took the stand over three separate days, he did himself no favors.
Bankman-Fried rushed through lengthy and convoluted sentences that at times were repetitive and contradictory. That’s when he was responding to his lawyer’s questions. On cross-examination, he clammed up, replying with “Yup,” and some variation of “I don’t recall” over 100 times.
Bankman-Fried’s decision to testify “backfired because of inconsistencies in his testimony and his general lack of appeal,” said O’Brien.
Mariotti credited the Justice Department for working “collaboratively and with urgency” with the Commodities Future Trading Commission and the Securities and Exchange Commission. That allowed the government to move swiftly while gathering highly compelling evidence.
“Sam Bankman-Fried will be remembered as one of the biggest fraudsters of our lifetimes,” Mariotti said. “He has finally met a situation that he can’t talk his way out of.”
Ford is jumping into the battery energy storage business, betting that booming demand from data centers and the electric grid can absorb the EV battery capacity it says it’s not using.
To achieve this, Ford plans to repurpose its existing EV battery manufacturing capacity in Glendale, Kentucky, into a dedicated hub for manufacturing battery energy storage systems.
Ford pivots from EVs to battery storage for data centers
Ford says it will invest about $2 billion over the next two years to scale the new business. The Kentucky site will be converted to build advanced battery energy storage systems larger than 5 megawatt-hours, including LFP prismatic cells, BESS modules, and 20-foot DC container systems — the kind of hardware increasingly used by data centers, utilities, and large-scale industrial companies.
The company plans to bring initial production online within 18 months, leaning on its manufacturing experience and licensed battery technology. By late 2027, Ford expects the business to deploy at least 20 gigawatt-hours of energy storage annually.
The move follows a joint venture disposition agreement reached last week between Ford, SK On, SK Battery America, and BlueOval SK. Under the agreement, a Ford subsidiary will independently own and operate the Kentucky battery plants, while SK On will fully own and operate the Tennessee battery plant.
Ford is also planning a separate energy storage play in Michigan. At BlueOval Battery Park Michigan in Marshall, the company will produce smaller amp-hour LFP prismatic cells for residential energy storage systems. That plant is on track to begin manufacturing in 2026, and it will also supply batteries for Ford’s upcoming midsize electric truck — the first model built on the company’s new Universal EV Platform.
Electrek’s Take
Overall, the shift reflects Ford’s broader push toward what it calls “higher-return opportunities.” Alongside taking a step backward to add more gas-powered trucks and vans to its US manufacturing footprint, Ford says it will no longer produce some larger EVs, such as the Lightning F-150, where softer demand and higher costs are resulting from the lack of support for EVs by the Trump administration. (Batteries produced at the Glendale plant were for the all-electric Ford F-150 Lightning. The best-selling electric truck in the US in Q3, before the federal tax credit expired, was the Ford F-150 Lightning, with 10,005 EVs sold, a 39.7% year-over-year increase.)
With tax credits eliminated and regulatory uncertainty, Ford is pivoting to adjacent markets, including grid-scale and residential energy storage, to keep its battery plants running and justify billions in sunk investment.
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Stellantis may have backed away from planned EVs like the all-electric Ram REV and range-topping Dodge Charger Daytona R/T EV, but the company isn’t standing still. A newly awarded patent outlines an innovative, foam-based thermal runaway suppression system that’s built into an EV’s battery pack.
The indisputable fact of the matter is that electric vehicles catch fire far less often — and far less frequently — than their combustion-powered brethren. Still, a number of highly-publicized early Tesla fires and poorly managed recall on the first-gen Chevy Bolt have linked “electric car” and “fire” in the minds of many Americans, and the ones who have been waiting to test the EV waters until a better safety solution came along are going to absolutely love this latest setup from Chrysler parent company Stellantis.
MoparInsiders is reporting on a new Stellantis patent awarded on a proactive battery safety system that’s designed to stop thermal runaway (read: fire) before it can cascade through an entire EV battery pack.
Rather than relying solely on passive barriers or post-event containment, Stellantis’ freshly patented system uses strategically placed foam channels and deployment mechanisms that can flood the affected cells with high insulation foam when abnormal heat is detected in a cell, isolating the problem area and dramatically slowing (if not outright stopping) the chain reaction that leads to catastrophic battery failure.
The patent describes an electric car battery that, on the outside, will look familiar to EV enthusiasts, but there are some key differences “layered in” around the familiar bits. These include:
- A bladder filled with a fire-retardant chemical; located close to the battery cells, typically between the cells and the top of the pack. It’s made from a flexible polymer, so it can be punctured when needed
- Two sets of blades; the first aimed at the bladder, ready to pierce it and release the fire-retardant chemical while the second targets specific points on the coolant inlet line, outlet line, or heat sinks to rupture them and release cooling foam directly where it’s needed
- Special coolant line sections; designed with small sealed apertures that closed off with a soft plug material that’s easy for the blades to pierce but strong enough to maintain pressure during normal operation
- Actuation devices tied to a controller; that push the blades into the bladder and coolant components when a thermal event is detected
Special coolant lines
The system relies on a suite of existing temperature sensors throughout the battery pack, and seems like a viable enough solution to a problem that, while rare, certainly exists — and which looms large over America’s Early Majority tech adopters.
As for me, I think Stellantis should focus on bringing more compelling products to market and stop looking for ways to blame the customer, market, and government for its inability to sell Jeep products that, apparently, have enough markup to cover nearly $30,000 in discounts to help dealers move their metal. I look forward to hearing about your take in the comments.
SOURCE | IMAGES: US Patent Office, via MoparInsiders.
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It’s official. The all-electric pickup is dead, but Ford is promising the F-150 Lightning EREV will be “every bit as revolutionary” as it shakes up EV plans once again.
Ford reveals next-gen F-150 Lightning EREV
Ford confirmed production of the current F-150 Lightning has ended as part of its updated Ford+ plan, which the company revealed on Monday.
The changes come as part of a broader shift from larger EVs, like the Lightning, to smaller, more affordable models.
While Ford still plans to launch lower-cost EVs based on its Universal EV Platform, the company is expanding its hybrid and extended range electric vehicle (EREV) lineup. By 2030, Ford expects 50% of its global volume to be hybrids, EREVs, and EVs, up from 17% in 2025.
As part of its new plans, Ford said the next-generation F-150 Lightning will switch to an EREV powertrain. It will be assembled at the Rouge EV Center in Dearborn, Michigan, replacing the current all-electric pickup.
With production of the current-generation Lightning now concluded, Ford is sending workers from the Rouge EV Center to its Dearborn Truck Plant as it doubles down on gas and hybrids.
During its Q3 earnings call last month, Ford said the electric pickup would remain paused following a fire at Novelis’ plant in New York that disrupted aluminum supply.
The F-150 Lightning is a “groundbreaking” vehicle, according to Doug Field, Ford’s chief EV, digital, and design officer, that showed an electric pickup can be a great F-Series.
Field claims the “next-generation Lightning EREV is every bit as revolutionary.” It will still offer 100% electric power delivery, sub-5-second acceleration, an estimated combined range of 700+ miles, and it “tows like a locomotive.”
Ford also plans to replace its electric commercial van for North America with affordable gas- and hybrid-powered versions. It will be assembled at Ford’s Ohio Assembly Plant.
The move comes as part of Ford’s plans to launch five new affordable vehicles by the end of the decade, four of which will be assembled in the US. Ford also plans to offer gas, hybrid, and EREV options across nearly every vehicle in its lineup by then.
The first vehicle based on Ford’s new Universal EV Platform will be a midsize electric pickup, starting at around $30,000. It’s expected to be about the size of the Ranger or Maverick.
The news comes after SK On announced last week that it planned to end its joint venture with Ford to build EV batteries at three US gigafactories.
Ford is now planning to use the wholly owned EV battery plants in Kentucky and Michigan to launch a new battery energy storage business. The company plans to begin shipping BESS systems in 2027, with an annual capacity of 20 GWh.
“The operating reality has changed, and we are redeploying capital into higher-return growth opportunities: Ford Pro, our market-leading trucks and vans, hybrids, and high-margin opportunities like our new battery energy storage business,” CEO Jim Farley said on Monday.
The changes are designed to improve profitability and returns. Ford’s EV business, Model e, is now expected to reach profitability by 2029 with improvements in 2026.
Model e lost another $1.4 billion in Q3, bringing the total to $3.6 billion through September. Around $3 billion was due to its current EVs, while the other $600 million was spent on its next-gen models.
Although sales of the F-150 Lightning dropped 60.8% last month following the expiration of the $7,500 federal EV tax credit, Ford’s electric pickup remained the best-selling pickup in the US through September.
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