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NEW YORK, US – JANUARY 03: Sam Bankman-Fried leaves the court in New York, on January 03, 2023. 

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In a letter to the Department of Justice, an FTX customer who lost $4 million when the exchange filed for bankruptcy in 2022 expressed disgust at a circulating narrative that clients of the crypto exchange would ever be made whole.

“I have scraped the docket of scheduled claims and calculated the exact amount stolen,” wrote the former FTX customer, whose identity has been concealed by the government. “The total value of customer liabilities is $19,722,911,002.84.”

This week, that letter ended up on the desk of U.S. District Judge Lewis Kaplan, who on Thursday will inform FTX founder Sam Bankman-Fried of his prison sentence stemming from his role in the collapse of the exchange. At 9:30 a.m., sentencing proceedings will take place on the 26th floor of the federal courthouse in downtown Manhattan, the same place where a jury found the former crypto executive guilty of all seven criminal counts against him in November.

The victim, who wrote that 30 years worth of savings had been deposited into FTX three months before the exchange collapsed, is part of a last-minute push by prosecutors to sway Judge Kaplan ahead of the sentencing.

“My whole life has been destroyed,” the person wrote. “I have 2 young children, one born right before the collapse. Beyond the money, I lost my happiness, my ability to get out of bed, my desire to continue living. My wife is suicidal and depressed.”

The same sorts of stories were told during Bankman-Fried’s monthlong criminal trial last year. Prosecutors won their case by convincing jurors that Bankman-Fried had stolen at least $8 billion from customers. For some people, that meant financial ruin.

“In its sentencing submission, the prosecution has included moving accounts from FTX’s former customers that speak to the devastation experienced by those losing their money, the uncertainty of wondering whether they might ever get any of it back, and dealing with the emotional fallout of being duped,” said Yesha Yadav, law professor and Associate Dean at Vanderbilt University. “These victim impact statements can be very powerful.”

Sam Bankman-Fried faces up to 50 years in prison at sentencing hearing

Bankman-Fried, 32, faces a maximum sentence of more than 100 years in prison, though the government has suggested a sentence in the range of 40 to 50 years. The defense is angling for no more than 6.5 years.

For months, Judge Kaplan has been weighing the appropriate punishment for Bankman-Fried’s crimes related to the implosion of his $32 billion crypto empire.

CNBC spoke to former federal prosecutors, trial attorneys, and a mix of lawyers working to defend white collar criminals to get their take on what to expect on Thursday.

Damaging testimony

Bankman-Fried was convicted of wire fraud and conspiracy to commit wire fraud against FTX customers and against lenders to sister hedge fund Alameda Research, as well as conspiracy to commit securities fraud and conspiracy to commit commodities fraud against FTX investors, and conspiracy to commit money laundering.

The defense team has argued that Bankman-Fried’s sentence should reflect the potential that FTX customers will be paid back in part or in full. The likelihood of that scenario has increased in recent months thanks to the rising value of cryptocurrencies and other assets FTX owned, such as its stake in artificial intelligence startup Anthropic.

Even as the bankruptcy estate promises to pay customers back, many of FTX’s thousands of victims argue that their crypto stakes have been significantly undervalued by the exchange’s new leadership team.

“A lot will be said about the loss at the time of the conduct, not the recovery or potential recovery after it was discovered,” said former federal and state prosecutor David Weinstein, who now practices as a corporate compliance and white collar defense attorney at Jones Walker. Weinstein said he expects to see a sentence in the range of 30 to 40 years.

Mark Bini, a former state and federal prosecutor and U.S. assistant attorney who specialized in financial crimes, anticipates a sentence of no less than 30 years. 

“Probation calculates the guidelines at 110 years,” said Bini, who currently represents white collar crypto defendants as part of law firm Reed Smith’s On Chain digital asset team. “I think the judge is likely to side with probation and the government on the loss amount and the appropriate guidelines.”

Caroline Ellison, former chief executive officer of Alameda Research LLC, arrives to court in New York, US, on Thursday, Oct. 12, 2023.

Bloomberg | Bloomberg | Getty Images

Judge Kaplan, 78, is a veteran of the Southern District of New York and has presided over some of the biggest cases to roll through his courthouse. He showed little patience for Bankman-Fried during the defendant’s four days on the stand.

“Unfortunately for SBF, some of his testimony at trial came across as highly evasive, somewhat cold and often contradictory,” said Yadav, adding that a sentence of 20 to 25 years could offer Judge Kaplan a way to balance the severity of the crime with a recognition of customer recoveries and the potential for future rehabilitation.

Former federal prosecutor Neama Rahmani described Kaplan as “old school” and predicted a sentence of 20 to 30 years.

Tre Lovell, a Los Angeles corporate law attorney, said the core factors Kaplan will consider will be the extent of the fraud, along with the fact that Bankman-Fried appeared to have lied under oath while showing little remorse.

“The judge isn’t going to cut Bankman-Fried a break just because FTX has recovered a lot of funds to offset the amount that customers lost,” Lovell said. “The judge is just going to look at Bankman-Fried’s conduct at the time he was in charge of the company, not what the company did after he stepped down as CEO.”

Bankman-Fried has one last chance to take the stand in front of the judge in order to show some level of contrition and a promise to become a benefit to society.

“If he says he’s had a chance to think about what he did and that he’s very sorry for misusing the hard-won funds of investors, and that he wants to use his acumen in this field for the public good, then he may walk out with a prison sentence that is south of 20 years,” Lovell said. “In court, it’s never too late to say you’re sorry. But he won’t get a big discount on his sentence just for being contrite.”

WATCH: Prosecutors recommend a 40-50 year prison sentence for Bankman-Fried

Prosecutors recommend a prison sentence of 40-50 years for Sam Bankman-Fried in FTX fraud

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BYD is offering free car insurance on select EVs in new end-of-year sales promo

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BYD is offering free car insurance on select EVs in new end-of-year sales promo

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.

BYD-free-insurance-EVs
BYD is giving free car insurance for select EVs in a new year-end promo (Source: BYD)

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.

BYD-Seagull-cheapest-EV
BYD Seagull (Source: BYD)

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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The rate at which China has rebuilt its car industry is truly staggering

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The rate at which China has rebuilt its car industry is truly staggering

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’s new Syros SUV is going electric as a low-cost Hyundai Inster EV twin

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Kia's new Syros SUV is going electric as a low-cost Hyundai Inster EV twin

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.

Kia-Syros-EV
Kia Syros SUV (Source: Kia)

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.

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Hyundai Casper Electric (Inster EV) models (Source: Hyundai)

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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