Connect with us

Published

on

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.”

What's next after Sam Bankman-Fried's conviction in fraud trial: CNBC Crypto World

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.”

WATCH: Sam Bankman-Fried found guilty on all seven counts

Sam Bankman-Fried found guilty on all seven criminal fraud counts: Here's what next

Continue Reading

Environment

Go West, young brand – GreenPower Motor Company sells 11 more BEAST buses

Published

on

By

Go West, young brand – GreenPower Motor Company sells 11 more BEAST buses

GreenPower Motor Company says it’s received three orders for 11 of its BEAST electric Type D school buses for western state school districts in Arizona, California, and Oregon.

GreenPower hasn’t made the sort of headline-grabbing promises or big-money commitments that companies like Nikola and Lion Electric have, but while those companies are floundering GPM seems to be plugging away, taking orders where it can and actually delivering buses to schools. Late last year, the company scored 11 more orders for its flagship BEAST electric school bus.

As far as these latest orders go, the breakdown is:

  • seven to Los Banos Unified School District in Los Banos, California
  • two for the Hood River County School District in Hood River, Oregon
  • two for the Casa Grande Elementary School District in Casa Grande, Arizona

Those two BEAST electric school buses for Arizona will join another 90-passenger BEAST that was delivered to Phoenix Elementary School District #1, which operates 15 schools in the center of Phoenix, late last year.

“As school districts continue to make the change from NOx emitting diesel school buses to a cleaner, healthier means of transporting students, school district transportation departments are pursuing the gold standard of the industry – the GreenPower all-electric, purpose-built (BEAST) school buses,” said Paul Start, GreenPower’s Vice President of Sales, School Bus Group. “(The) GreenPower school bus order pipeline and production schedule are both at record levels with sales projections for (2025) set to eclipse the 2024 calendar year.”

GreenPower moved into an 80,000-square-foot production facility in South Charleston, West Virigina in August 2022, and delivered its first buses to that state the following year.

Electrek’s Take

GreenPower electric school buses
BEAST and NanoBEAST; via GreenPower Motor Company.

Since the first horseless carriage companies started operating 100 years ago (give or take), at least 1,900 different companies have been formed in the US, producing over 3,000 brands of American automobiles. By the mid 1980s, that had distilled down to “the big 3.”

All of which is to say: don’t let the recent round of bankruptcies fool you – startups in the car and truck industry is business as usual, but some of these companies will stick around. If you’re wondering which ones, look to the ones that are making units, not promises.

SOURCE | IMAGES: GreenPower Motors.

FTC: We use income earning auto affiliate links. More.

Continue Reading

Environment

Harbinger electric truck brand gets real with $100M Series B funding raise

Published

on

By

Harbinger electric truck brand gets real with 0M Series B funding raise

While some recent high-profile bankruptcies have cast doubt on the EV startup space recently, medium-duty electric truck maker Harbinger got a shot of credibility this week with a massive $100 million Series B funding round co-led by Capricorn’s Technology Impact Fund.

It’s been a rough couple of weeks for fledgling EV brands like Lion Electric and Canoo, but box van builder Harbinger is bucking the trend, fueling its latest funding round with an order book of 4,690 vehicles that’s valued at nearly $500 million. Some of the company’s more notable customers including Bimbo Bakeries (which owns brands like Sara Lee, Thomas’, and Entenmann’s) and THOR Industries (Airstream, Jayco, Thor), which is also one of the investors in the Series B.

Other prominent investors include Tiger Global, the Coca-Cola System Sustainability Fund, and ArcTern Ventures.

As for what makes Harbinger such an attractive investment prospect, Dipender Saluja, Managing Partner of Capricorn Investment Group’s Technology Impact Fund explains that, “Harbinger has demonstrated a remarkable ability to reach significant milestones far quicker than other EV companies … the market has been impressed by their ability to develop large portions of the vehicle in-house to drive down unit costs, while remaining capital efficient.”

The company plans to use the funds to ramp up to higher-volume production capacity and deliver on existing orders, as well as build-out of the company’s sales, customer support, and service operations.

“Harbinger is entering a rapid growth phase where we are focused on scaling production of our customer-ready platform,” said John Harris, co-founder and CEO. “These funds catalyze significant revenue generation. We’ve developed a vehicle for a segment that is ripe for electrification, and there is a strong product/market fit that will help fuel our upward trajectory through 2025 and beyond.”

The company has raised $200 million since its inception in 2021.

SOURCE | IMAGES: Harbinger.

FTC: We use income earning auto affiliate links. More.

Continue Reading

Environment

Michigan State Police deploy their first electric patrol vehicle

Published

on

By

Michigan State Police deploy their first electric patrol vehicle

There is no state more associated with cars and car culture than Michigan – and the state that’s home to the Motor City has just taken a huge step into the future with the deployment of its first-ever all electric police vehicle.

The 2024 Ford Mustang Mach-E patrol vehicle is assigned to the Michigan State Police State Security Operations Section, and will be to be used by armed, uniformed members of the MSP specializing in general law enforcement and security services at state-owned facilities in the Lansing, MI area.

“This is an exciting opportunity for us to research, in real time, how a battery electric vehicle performs on patrol,” says Col. James F. Grady II, director of the MSP. “Our state properties security officers patrol a substantially smaller number of miles per day than our troopers and motor carrier officers, within city limits and at lower speeds, coupled with the availability of charging infrastructure in downtown Lansing, making this the ideal environment to test the capabilities of a police-package battery electric vehicle.”

The MSP’s Precision Driving Unit is nationally renowned for its annual Police Vehicle Evaluation, which our own Scooter Doll participated in last year, driving the then-new Chevy Blazer EV Police Pursuit Vehicles in a game of “cops and robbers.”

In those tests, the EVs have impressed – but the MSP has been hesitant to commit to a BEV until now. “We began testing battery electric vehicles in 2022, but up until now hybrids were the only alternative fuel vehicle in our fleet,” said Lt. Nicholas Darlington, commander of the Precision Driving Unit. “Adding this battery electric vehicle to our patrol fleet will allow us to study the vehicle’s performance long-term to determine if there is a potential for cost savings and broader applicability within our fleet.”

Michigan joins other states like Wisconsin and California in deploying electric patrol cars and saving big money on fuel and maintenance, with many more out there and many more to come.

SOURCE | IMAGES: Michigan State Police.

FTC: We use income earning auto affiliate links. More.

Continue Reading

Trending