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Indicted FTX founder Sam Bankman-Fried arrives at the United States Courthouse in New York City, July 26, 2023.

Amr Alfiky | Reuters

Prosecutors have decided not to pursue a second trial against disgraced FTX founder Sam Bankman-Fried.

In a note to Judge Lewis Kaplan on Friday, the U.S. government explained that the decision to forego a second set of proceedings had to do with the fact that much of the evidence that would have been presented in a second trial had already been submitted to the Court during Bankman-Fried’s first criminal trial.

In November, following a month’s worth of testimony from nearly 20 witnesses, a jury found the former FTX chief executive guilty of all seven criminal counts against him following a few hours of deliberation. Prosecutors added that the Court could consider the hundreds of exhibits already entered into evidence during these proceedings when he is sentenced next year.

Read more on FTX founder Sam Bankman-Fried

“Given that practical reality, and the strong public interest in a prompt resolution of this matter, the Government intends to proceed to sentencing on the counts for which the defendant was convicted at trial,” continued the letter to Judge Kaplan.

Bankman-Fried, the 31-year old son of two Stanford legal scholars and graduate of the Massachusetts Institute of Technology, was convicted of wire fraud and conspiracy to commit wire fraud against FTX customers and against Alameda Research lenders, conspiracy to commit securities fraud and conspiracy to commit commodities fraud against FTX investors, and conspiracy to commit money laundering.

He had pleaded not guilty to the charges, which were all tied to the collapse of FTX and its sister hedge fund Alameda late last year.

The second trial, which had been slated to start in March, addressed an additional set of criminal counts, including conspiracy to bribe foreign officials, conspiracy to commit bank fraud, conspiracy to operate an unlicensed money transmitting business and substantive securities fraud and commodities fraud. 

Damian Williams, the U.S. attorney for the Southern District of New York, wrote in the letter to the Court that “a second trial would not affect the United States Sentencing Guidelines range for the defendant, because the Court can already consider all of this conduct as relevant conduct when sentencing him for the counts that he was found guilty of at the initial trial.”

So now, the question of prison time goes to Judge Kaplan.

The sentencing date is March 28 at 9:30 a.m. ET. The FTX founder faces more than 100 years in prison.

Government exhibit in the case against former FTX CEO Sam Bankman-Fried.

Source: SDNY

Decades behind bars

That the jury was able to reach a unanimous verdict in a just few hours suggests that they were truly convinced and that there were no holdouts that needed to be coaxed, Yesha Yadav, law professor and Associate Dean at Vanderbilt University, told CNBC in November.

“This overwhelming consensus should give the judge confidence to follow the jury’s decisiveness by imposing a more severe sentence than a lighter one,” continued Yadav.

In this case, the statutory maximum sentence is around 115 years, but there is a sliding scale for sentencing according to recommended guidelines given the scale of the crimes and the criminal history of the defendant.

“I wouldn’t be surprised if SBF spends the next 20 or 25 years of his life in prison,” Renato Mariotti, a former prosecutor in the U.S. Justice Department’s Securities and Commodities Fraud Section, told CNBC.

“The sheer scale of his fraud was immense, he was defiant and lied on the witness stand, and Judge Kaplan had very little patience for his antics while out on bond. He will have more sympathy for the victims than he has for Bankman-Fried,” added Mariotti.

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

In August, Judge Kaplan revoked Bankman-Fried’s bail and sent him back to jail for witness tampering.

“The federal sentencing guidelines will likely be sky high, but they are just that — guidelines — and the judge is required to consider all of the circumstances surrounding SBF and his offense,” said Mariotti.

Yadav added that the issue of sentencing is governed by guidelines that look to factors such as how many have been harmed and the overall dollar quantum, as well as the seriousness of the damage a defendant has inflicted.

“Here, there are some factors that could push the judge toward a very lengthy prison term, possibly close to the 110 years that the sentencing guidelines suggest,” said Yadav.

The sentence will come down to what the judge believes is sufficient to punish Bankman-Fried, deter others, and promote respect for the law, Yadav added.

Former Assistant U.S. Attorney Kevin J. O’Brien, who specializes in white-collar criminal defense in NYC, thinks Bankman-Fried has the chance at a shorter sentence, telling CNBC, “Since judges have discretion even under the Guidelines, I believe his sentence will be in the 15 to 20 year range.”

O’Brien added that given Bankman Fried’s age, he thinks the judge will be inclined to give him a chance to live a full life after his prison term.

Bankman-Fried’s case has been compared with that of Elizabeth Holmes, founder of medical device company Theranos, which ceased operations in 2018.

Holmes, 39, was convicted in early 2022 on four counts of defrauding investors in Theranos after testifying in her own defense. She was sentenced to more than 11 years in prison, and began serving her punishment in May at a minimum-security facility in Bryan, Texas.

But former federal prosecutor Paul Tuchmann tells CNBC that he expects harsher terms for the former FTX CEO, because “the amount of losses that were suffered is simply staggering.”

Tuchmann compared Bankman-Fried’s case to that of Bernie Madoff, who was sentenced to 150 years in prison.

“Like Madoff, a lot of the losses in this case were small investors. They weren’t all large institutions, which really tends to create a greater pressure for a significant sentence,” said Tuchmann.

“Certainly, there may be some mitigation here. Sam Bankman-Fried is very young. The judge may take that into consideration. Bernie Madoff went to jail for 150 years when he was obviously much older – with limited productive years left,” Yadav said of the Madoff comparison.

“Sam Bankman-Fried still has an opportunity to make some kind of positive contribution during his lifetime. His crimes are also not violent in nature,” continued Yadav.

Prosecution in Sam Bankman-Fried trial wrapping up in coming days

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Shares of Hims & Hers Health surge 30% after startup says it will offer GLP-1 injections

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Shares of Hims & Hers Health surge 30% after startup says it will offer GLP-1 injections

Products of Hims & Hers displayed.

Hims & Hers

Digital pharmacy startup Hims & Hers Health is introducing access to compounded GLP-1 weight loss injections, the company announced Monday.

Shares of the company jumped more than 30% Monday morning.

The company, which offers a range of direct-to-consumer treatments for conditions like erectile dysfunction and hair loss, launched a weight loss program in December. But GLP-1 medications — such as Ozempic and Wegovy, which have skyrocketed in popularity — were not previously offered as part of that program.

Customers can access the compounded GLP-1 medications via a prescription from a licensed health-care provider on the Hims & Hers platform. Hims & Hers said it plans to make branded GLP-1 medications available to its customers once supply is consistently available.

The company’s oral medication kits start at $79 a month, and its compounded GLP-1 injections will start at $199 a month.

Even before it added compounded GLP-1s to its portfolio, Hims & Hers said in its fourth-quarter earnings report that it expects its weight loss program to bring in more than $100 million in revenue by the end of 2025. The company plans to offer updated guidance in its next earnings report.

The GLP-1 market, dominated so far by pharmaceutical giant Novo Nordisk, has faced supply constraints in recent months as the drugs get expanded approval from health regulators and increased health coverage.

GLP-1s mimic a hormone produced in the gut to tamp down a person’s appetite and regulate their blood sugar. When those medications are in shortage, certain manufacturers can prepare a compounded version if they meet U.S. Food and Drug Administration requirements.

The FDA does not review the safety and efficacy of compounded products, which are custom-made alternatives to brand drugs designed to meet a specific patient’s needs.

In a January release, the FDA said patients should not use a compounded GLP-1 drug if an approved drug, such as Wegovy, is available.

Hims & Hers CEO Andrew Dudum told CNBC that the company is “confident” that customers will be able to access a consistent supply of the compounded medications.

Dudum said Hims & Hers has spent the last year learning about the GLP-1 supply chain and has partnered with one of the largest generic manufacturers in the country that has FDA oversight.

“We have a certain degree of exclusivity with that facility that will guarantee our consumers consistent volume and supply,” he said.

Don’t miss these exclusives from CNBC PRO

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Britain expands AI safety institute to San Francisco amid scrutiny over regulatory shortcomings

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Britain expands AI safety institute to San Francisco amid scrutiny over regulatory shortcomings

An aerial view of the city of San Francisco skyline and the Golden Gate Bridge in California, October 28, 2021.

Carlos Barria | Reuters

LONDON — The British government is expanding its facility for testing “frontier” artificial intelligence models to the United States, in a bid to further its image as a top global player tackling the risks of the tech and to increase cooperation with the U.S. as governments around the world jostle for AI leadership.

The government on Monday announced it would open a U.S. counterpart to its AI safety summit, a state-backed body focused on testing advanced AI systems to ensure they’re safe, in San Francisco this summer.

The U.S. iteration of the AI Safety Institute will aim to recruit a team of technical staff headed up by a research director. In London, the institute currently has a team of 30. It is chaired by Ian Hogarth, a prominent British tech entrepreneur who founded the music concert discovery site Songkick.

In a statement, U.K. Technology Minister Michelle Donelan said the AI Safety Summit’s U.S. rollout “represents British leadership in AI in action.”

“It is a pivotal moment in the U.K.’s ability to study both the risks and potential of AI from a global lens, strengthening our partnership with the U.S. and paving the way for other countries to tap into our expertise as we continue to lead the world on AI safety.”

The expansion “will allow the U.K. to tap into the wealth of tech talent available in the Bay Area, engage with the world’s largest AI labs headquartered in both London and San Francisco, and cement relationships with the United States to advance AI safety for the public interest,” the government said.

San Francisco is the home of OpenAI, the Microsoft-backed company behind viral AI chatbot ChatGPT.

The AI Safety Institute was established in November 2023 during the AI Safety Summit, a global event held in England’s Bletchley Park, the home of World War II code breakers, that sought to boost cross-border cooperation on AI safety.

The expansion of the AI Safety Institute to the U.S. comes on the eve of the AI Seoul Summit in South Korea, which was first proposed at the U.K. summit in Bletchley Park last year. The Seoul summit will take place across Tuesday and Wednesday.

The government said that, since the AI Safety Institute was established in November, it’s made progress in evaluating frontier AI models from some of the industry’s leading players.

It said Monday that several AI models completed cybersecurity challenges but struggle to complete more advanced challenges, while several models demonstrated PhD-level knowledge of chemistry and biology.

Meanwhile, all models tested by the institute remained highly vulnerable to “jailbreaks,” where users trick them into producing responses they’re not permitted to under their content guidelines, while some would produce harmful outputs even without attempts to circumvent safeguards.

Tested models were also unable to complete more complex, time-consuming tasks without humans there to oversee them, according to the government.

It didn’t name the AI models that were tested. The government previously got OpenAI, DeepMind, and Anthropic to agree to opening their coveted AI models up to the government to help inform research into the risks associated with their systems.

The development comes as Britain has faced criticism for not introducing formal regulations for AI, while other jurisdictions, like the European Union, race ahead with AI-tailored laws.

The EU’s landmark AI Act, which is the first major legislation for AI of its kind, is expected to become a blueprint for global AI regulations once it is approved by all EU member states and enters into force.

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$9 billion travel tech firm Navan on track to hit profitability this year and ‘not far’ from IPO, CEO says

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 billion travel tech firm Navan on track to hit profitability this year and 'not far' from IPO, CEO says

TripActions CEO Ariel Cohen

TripActions

The boss of travel and expense management platform Navan told CNBC he’s preparing the company to get its business into shape for an eventual initial public offering this year, in another sign leaders of privately-held startups are getting more optimistic about their prospects in the public markets.

Asked about when Navan would choose to go public, the firm’s CEO and co-founder Ariel Cohen said the company is close to reaching that milestone. “We can see the signals,” he said, adding that Navan has been adjusting its leadership structure and making changes to its board in a signal of maturity.

Last month saw Navan announce the return of Rich Liu, formerly Navan’s chief revenue officer and “an expert on scaling companies from seed to IPO and beyond,” to the business as CEO of Navan Travel, the company’s travel division.

Amy Butte, the former chief financial officer of the New York Stock Exchange who oversaw the U.S. exchange operator’s transition to a public company in 2006, was also appointed to Navan’s board of directors as audit committee chair.

“I don’t want to give a date,” Cohen told CNBC, adding that he’s not even told his own family a date for when he expects Navan to go public — let alone his board and Navan employees. “At the end of the day, there are things that are out of my control.”

“The market can collapse. There are elections in the U.S. There are wars. So I never actually promise things to people if I don’t know that the delivery is in my control,” he added.

While Cohen wouldn’t commit to a date for Navan’s eventual IPO, he said the business was “not far” from being ready for a stock market listing. The company is on track to become cash-flow positive and achieve profitability for the first time this year, he said.

“The timing will need to include several things,” he said. “Today, in this market, to be public, you need to be profitable. We are not far from that, but we are not there. We’re going to be there this year. And it’s not easy to do it while you’re growing fast.”

Cohen said he’s also keeping a wary eye on the market — but added that although, previously, investors would have seen a company like his as dependent on buoyant market sentiment surrounding technology, today he sees the firm as “mature enough” to go public independent of the market backdrop.

Navan CEO Ariel Cohen talks partnering with Citi

Navan is now growing revenues by around 40% on average, according to Cohen, with the company’s fintech business seeing faster growth (100%) than its travel business (30%).

Founded in 2015 as TripActions, Navan began life as a travel management platform for businesses, seeking to provide a smoother experience to travel agents and incumbent players like American Express, BCD Travel, and SAP Concur. The company counts the likes of Unilever and Christie’s as clients.

The firm subsequently expanded into expensing and payments with solutions for automating linking credit cards to a single platform and automating expenses.

Navan is backed by major investors including Andreessen Horowitz, Coatue, Goldman Sachs, and Lightspeed. Navan has raised more than $1.5 billion in venture funding to date and was last valued at $9.2 billion. It competes with Spanish startup TravelPerk, which was most recently valued at $1.4 billion.

Navan introduced a big evolution of that product last year with the arrival of Navan Connect, a new expensing product.

Most corporate card startups, like Brex and Ramp, offer users their own branded corporate smart cards. But Navan’s Connect feature, which it’s rolled out in partnership with Citi, lets businesses offer automated expense management and reconciliation without having to change corporate card provider.

Like other tech firms, Navan has been making a big investment into artificial intelligence. The company rolled out its own AI personal assistant, called Ava, last year. The tool uses generative AI to help travelers, travel admins, and finance managers make travel plans and budget effectively.

Ava — which stands for automated virtual assistant — now processes around 150,000 monthly chats, more than 35% of which are managed to completion as of April 2024, according to Navan.

Cohen said Navan is planning to roll out an even more personalized version of Ava’s AI assistant, which can generate travel plans for someone based on their past behavior, to even greater accuracy in six months’ time.

Navan was named on the 2024 edition of CNBC’s Disruptor 50 list.

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