Parent of FTX victim who lost $130,000 asks judge to go easy on SBF, suggests six years in prison versus DOJ’s 40-50
Former FTX CEO Sam Bankman-Fried arrives for a bail hearing at Manhattan Federal Court on August 11, 2023 in New York City.
Michael M. Santiago | Getty Images
Heather Ferguson’s son lost approximately $130,000 in cash when crypto exchange FTX went bankrupt in November 2022. At the time, Ferguson traveled to where her child was living to spend four days consoling him. Since touching bottom, however, he has shown “resilience,” “confidence,” and a “determination to meet life’s challenges head on with renewed focus and vigor,” Ferguson wrote in a note to U.S. District Judge Lewis Kaplan on Tuesday.
It helps that in January, her son was contacted by the entity overseeing the disbursement of FTX client funds and told that he would be refunded the full amount he was owed.
“I am writing to convey my hope that Sam Bankman-Fried will be given a sentence in the range of 70 months for his role in the collapse of FTX,” Ferguson wrote in her letter to the judge. “The hope that customer funds will be reimbursed in some measures mitigates the severity of Sam’s guilt, and it seems to me that the length of his sentence should reflect this fact.”
Ferguson’s letter is part of an eleventh hour push by the defense to appeal to Kaplan’s sense of leniency as the judge gears up for Bankman-Fried’s sentencing hearing on Thursday.
In November, a jury of twelve found the former crypto executive guilty of all seven criminal counts against him, including 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.
That the jury was able to reach a unanimous verdict in just a few hours that FTX’s ex-CEO stole $8 billion from customers of his now bankrupt crypto exchange 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, previously told CNBC.
On Tuesday, the defense submitted three letters in support of Bankman-Fried, while prosecutors filed more than 50 letters of their own, bringing the total number of victim impact statements to 117.
The question of whether FTX customers being made whole through bankruptcy should influence the court’s decision over sentencing is a major point of contention.
Earlier this month, federal prosecutors in Manhattan wrote in a memo to the court that Bankman-Fried should spend between 40 and 50 years in prison.
“Even now Bankman-Fried refuses to admit what he did was wrong,” the government wrote.
Even as the bankruptcy estate promises to pay back customers in full, many of FTX’s thousands of victims (reportedly up to a million) argue that their crypto stakes have been significantly undervalued by the exchange’s new leadership team.
Parents chime in
Ferguson was one of three concerned parents to write Kaplan, suggesting that Bankman-Fried’s emotional and behavioral disorders be taken into account as part of his deliberations over sentencing.
“Along the vein of mitigating factors, some mention should be made of Sam’s ASD and the afflictive emotions that stemmed from his ADHD and his medications,” Ferguson wrote. “These are relevant factors in his background which likely caused him to show poor judgment, but did not likely correlate with an intention to be malicious toward his clients.”
Bankman-Fried’s psychiatrist, George Lerner, told Judge Lewis Kaplan in a letter in August that the former FTX CEO has a history of depression and attention-deficit/hyperactivity disorder. ADHD is among the most common neurodevelopmental disorders in children.
“Additionally, there have been times when Mr. Bankman-Fried did not have access to the Emsam patch (typically when travelling/abroad) and exhibited symptoms of depression, including lethargy, anhedonia, low motivation, and increased ruminations,” Lerner wrote.
Without his medication, Lerner warned the judge, “Bankman-Fried will experience a return of his depression and ADHD symptoms and will be severely negatively impacted in his ability to assist in his own defense.”
At one point during Bankman-Fried’s criminal trial last year, the defense team also argued that he was not receiving adequate access to prescribed medication, including Adderall, a treatment for attention-deficit/hyperactivity disorder. And when initially remanded to custody, lawyers for Bankman-Fried argued that their client had a “limited” and “dwindling” supply of Emsam, a transdermal patch for treating depression.
Maria Centrella, the mother of a 34-year-old son with Asperger’s Syndrome, also wrote to Judge Kaplan to share her experience raising a child on the Autism spectrum.
“I have no opinion as to his guilt or innocence under the law, but do want to share with you my experiences with my son that hopefully might give you some pause to reflect on Sam’s behavior and mental state leading up to and during the trial,” wrote Centrella, who says that she was not familiar with Bankman-Fried’s story until she watched Michael Lewis’s “60 Minutes” interview, in which he shared anecdotes from shadowing Bankman-Fried as part of reporting a book about his life.
“As he described Sam I saw my son and kept wondering why Asperger’s never came up in the segment, because those of us knowledgeable about it, could see his behavior, his mannerisms … and his brilliance… as huge indicators of him being on the spectrum,” Centrella wrote.
She went on to say that she reached out to Bankman-Fried’s father, Joe, who confirmed that Sam had indeed been diagnosed as on the autism spectrum and that the court had been made aware.
“I have no idea how familiar you are with Asperger’s, particularly those who are out working and supporting themselves, but I can speak from experience that the mind of those on the spectrum works differently. Though I have never met Sam, I firmly believe that while he may be an MIT grad – he did not fully understand the scope of what was going on and did not have malicious intent,” she wrote.
Matt Kelly, who also has an autistic son and has worked as a special needs teacher in the UK, wrote a three paragraph letter to share his personal and professional observations that “might be of consideration when deciding a sentence.”
“Many of Sam’s personality traits suggest some type of atypical neurological processes; whether this is a tendency to avoid eye contact, a habit of being unable to focus on one thing at a time, or a lack of emotional response in a situation where most people would show outward signs of strain and distress,” wrote Kelly.
“He has also witnessed his ex-partner and associates testify against him in court, and to a
person with unusual processing, this may have been confusing and upsetting,” Kelly added. “I hope that account is taken of Sam’s abnormal presentation in your sentencing, so that retribution is in proportion to the degree of fault, and that account is taken of which type of institution would be most appropriate in the case of someone like Sam.”
MIT roommate: He did communal laundry “on time”
Two of Bankman-Fried’s former friends and roommates at the Massachusetts Institute of Technology also submitted character references on his behalf.
Daniel Grazian, who graduated in 2013, says that he knew Bankman-Fried “well” for three years.
“Sam was a kind friend and a wonderful person to be around,” Grazian wrote in his letter to the court.
He goes on to say that Bankman-Fried “felt deeply for every living being, farm animals included” and that his portrayal as “being motivated by greed” was “completely inconsistent” with the Sam he knew.
“I believe that if Sam is given a lenient sentence, he will be an asset to society. If the fact that I still limit my meat consumption on ethical grounds is any indication, Sam will continue inspiring others to be a little bit kinder and gentler,” concludes Grazian’s letter.
Another classmate, Adam Hesterberg, who was part of the PhD class of 2018, had known Bankman-Fried before MIT, beginning at a math camp in 2007.
“In the time I knew him, Sam was responsible, was pleasant to be around, and cared about doing good for the world,” wrote Hesterberg in a letter to the judge.
One example he cited was Bankman-Fried’s role in executing house chores.
“Sam did his fair share of chores, usually by washing the pots and dishes used in cooking our meals and doing our kitchen laundry. He consistently did so well and on time; I only observed him late once, when a queue for the washing machine delayed the kitchen laundry,” the letter states.
Hesterberg went on to detail other instances of Bankman-Fried’s good nature, including wanting to “reduce farm animals’ suffering” and encourage his fellow classmates to donate to charitable causes, such as the Against Malaria Foundation.
“I don’t know to what extent a character reference from a decade ago should affect Sam’s sentencing, but to whatever extent it does, my impression of Sam was almost uniformly positive and is an argument for leniency in his sentence,” Hesterberg concludes.
China’s EV leader wants to close the year strong with a new sales promotion. BYD is now offering free car insurance on certain EVs ahead of the upcoming Chinese New Year. Will it be enough to take the global EV sales crown in 2024?
BYD offers free insurance on some EVs to boost sales
With a record 506,804 NEVs (EV and PHEV models) sold in November, BYD has now had two straight months with over 500,000 in vehicle sales.
The EV giant has no plans to slow down. On Thursday, BYD announced its latest “New Year GO New Car” sales promotion on its Weibo page.
From today, December 26, 2024, through January 26, 2025, BYD is offering free car insurance on select PHEVs and EVs in its Ocean and Dynasy lineups. The promo includes several top-selling EVs, including the Dolphin, Seal, and Sea Lion 07.
Through the first 11 months of 2024, BYD sold nearly 3.76 million NEVs, including 1.56 million all-electric models. The promo comes as BYD is in a tight race with Tesla for the global EV sales crown for 2024.
Through September, Tesla delivered 1.3 million EVs compared to BYD’s 1.17 million. Since Tesla doesn’t report monthly sales numbers, we will have to wait until the end-of-year numbers come out to determine who will take the EV sales crown in 2024.
The Seagull EV, BYD’s cheapest electric car starting under $10,000, was once again China’s best-selling vehicle last month after topping the Tesla Model Y. BYD sold 56,156 Seagull EVs last month alone in China.
Although the global EV sales race between BYD and Tesla is heating up into the end of the year, the Chinese EV leader is quickly outselling some of the largest global automakers.
BYD sold more vehicles globally than Nissan and Honda in the third quarter, and it is now closing in on Ford.
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After starting off slow, China’s EV industry has reorganized itself in record time, going from a global laggard to a global leader in about 5 years – showing other countries how it ought to be done.
In 2020, China was still early in its EV transition, lagging behind many other countries and regions. With EVs only consisting of 5.4% of the country’s car market, it lagged behind California and almost all of Europe – even the slower-adopting countries, like Romania. It was only barely ahead of the 4.6% global average that year.
It set a relatively unambitious goal of 50% EV sales by 2035 – and those 50% didn’t even need to be gasoline-free, they could be hybrids or plug-in hybrids which still have a gas engine inside (what China classifies as “New Energy Vehicles” or NEVs). Around that time, both California and Europe were thinking about banning gas car sales by 2035 – and each of those targets probably could have been earlier, too.
Now, with 2025 coming in just a week, China is likely to hit that 2035 target ten years early – closer to the year that it set the target than the year that the target was set for. It even moved its target forward to 45% NEVs by 2027 this January… and exceeded that target within less than a year.
It’s an indication of how much China is able to do when they put their minds to it – and how other countries have completely failed to keep up due to bickering and resistance from companies or governments being hostile to better technology.
The rapid rise in Chinese EVs
2020 was a turning point for the Chinese EV industry. China responded strongly to the start of the COVID-19 pandemic (and as a result, had a lower death rate than almost any country, despite life within China being relatively normal after initial lockdowns), which meant a large drop in vehicle sales in the country (much like the rest of the world).
But when sales recovered, China’s eyes had turned inwards. Not only had domestic EV makers started to ramp up production rates and quality (after a decade of smart industrial policy focusing on mineral supply and encouraging domestic manufacturers), but the rest of the world had spent years blaming China for all sorts of ills (like carbon emissions, which China was criticized for not doing enough about, and now is criticized for doing too much). Technology blockades and discussions about tariffs led to consumer nationalism, with Chinese consumers expressing interest in domestic goods more than they had before.
This, coupled with new emissions rules that the rest of the world’s automakers hadn’t prepared properly for (despite having 7 years notice) led to a glut in gas car supply – mostly from foreign brands – which we called the “canary in the coal mine” for where the global ICE car market was going.
Chinese auto dealers could have responded to this by asking the government to reverse the rules, but instead they asked for (and were granted) a six month amnesty in order to clear unsold cars off of their lots, and otherwise demanded that auto manufacturers shape up and build EVs faster.
As a result of this mentality, China became the top global exporter of automobiles this year – a title that Japan had for decades.
Meanwhile, the West drags its feet
It’s a stark difference to how automakers and governments usually behave in the West (and in Japan), working to slow down transitions and add protectionist measures instead of gearing up for an inevitable change in the industry that already started.
And the regressive portions of Western governments are all too happy to oblige, with for example the US republicans promising to hold the US auto industry back even further, ensuring it isn’t ready for the present, and their far-right ilk in European governments arguing for similar measures.
President Biden’s administration did do its part to try to turn US industrial policy around to be ready for EVs with the excellent Inflation Reduction Act, which brought hundreds of billions in investment and hundreds of thousands of EV jobs to the US. Biden’s EPA and DOT also improved several emissions rules (despite softening them somewhat after industry pressure) to move the industry forward. But it also implemented large tariffs, which could help to breed complacency.
But unfortunately for America, the next occupant of the White House is convicted felon Donald Trump, who finally received more votes than his opponent on his third attempt (despite committing treason in 2021, for which there is a clear legal remedy), with less than half of the country voting to ensure that US manufacturing fall further behind.
In his last stint squatting in the White House, the EPA knowingly worked against clean air and instead of preparing the US to lead the EV transition, it focused on petty losing squabbles with states that are actually trying to move the US forward. We could have had smarter industrial policy, like China, but instead government worked to shatter the regulatory certainty that President Obama had helped to lay out.
Luckily, most Western auto manufacturers may have learned their lessons, and this time they’re finally asking government not to blow up emissions rules. They recently donated money to the famous narcissist, presumably hoping to get in his ear – we’ll have to wait and see whether what they say is actually geared towards the future (and whether the ignoramus they’re saying it to is even able to comprehend it). Though that could all be for naught, because one of Mr. Trump’s closest allies is Elon Musk, CEO of the largest EV maker in the US, who has confusingly focused his advocacy on harming EVs.
Change is coming faster than you think
China’s rapid rise in EV sales, meeting targets well ahead of schedule, may seem anomalous at first blush. It’s not often that a target gets met in one third of the time allotted for it, especially when you’re dealing with a country of 1.5 billion people. That’s a lot of inertia to turn around.
But there are other examples of targets getting met and exceeded early, and companies and governments need to be aware of these and maintain flexibility instead of fighting in the face of positive change.
Norway is one example, where the country was already far ahead of the international community, and set a target to end gas car sales by 2025. While there are still a trickle of non-EVs sold in the country, Norway’s market was already over 90% electrified in 2021.
This is not uncommon with technology adoption curves, as once a technology reaches a critical mass, most consumers consider it the default and will switch to it without much issue. That critical mass has already been met in most Northern European countries and in China, but other places could get there fast.
Once they do, who do you think will come out for the better – the countries and companies whose manufacturing base is ready to supply products that fuel that change, or the ones that have spent decades bickering and trying to slow it down so they can continue spewing poison in all of our lungs?
And as I’ve ended several articles in recent years: we should have been doing more earlier, but as the famous (possibly Chinese) proverb says, “the best time to plant a tree is 20 years ago, the second best time is today.”
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Kia introduced its new Syros SUV last week. Although it was launched with a gas-powered engine, Kia plans to launch the all-electric version soon. The new Kia Syros EV will share underpinnings with the Hyundai Inster EV as its latest low-cost electric model.
What we know about the upcoming Kia Syros EV
India’s EV market is expected to surge over the next few years. In 2024, the India EV market is projected to be valued at around $24 billion. That number is expected to reach nearly $118 billion by 2032.
Kia is looking to take advantage of the transition. After launching its first vehicle (Seltos) in India in 2019, Kia is already one of the top 10 auto manufacturers in the region.
The Korean auto giant has added several models to its lineup, including the Sonet, Carnival, Caren, and electric EV6 and EV9 SUVs.
Just last week, the Kia Syros made its global debut. Kia calls the compact SUV “revolutionary,” but there’s one problem: it only has two gas-powered engine options. That will soon change. According to Autocar India, Kia will launch the Syros EV in India in early 2025.
Although no other details were confirmed, the Kia Syros EV will share its K1 platform with the Hyundai Inster EV. Hyundai’s compact electric crossover has two battery options, 42 kWh and 49 kWh, good for 300 km (186 mi) to 355 km (220 mi) range on the WLTP cycle.
In Europe, the Inster EV starts at around $30,000. In Korea, the electric crossover is known as the Casper Electric, and prices, including incentives, start around $20,000.
Kia’s new electric SUV is expected to start in the price range of Rs 15 lakh-20 lakh (ex-showroom), or around $17,500 to $23,500.
Despite the difference in powertrain, the electric version is expected to have the same styling and features as the gas-powered models. Kia expects between 50,000 and 60,000 in sales between the upcoming electric Carens and Syros EV models by 2026.
The company is launching a series of more affordable, mass-market EVs globally, including the EV3, EV4, and EV5, to secure its spot in the industry as it shifts to electric vehicles.
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