Sam Bankman-Fried FTX fraud victim tells judge: ‘My whole life has been destroyed’
NEW YORK, US – JANUARY 03: Sam Bankman-Fried leaves the court in New York, on January 03, 2023.
Fatih Aktas | Anadolu Agency | Getty Images
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.”
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
Toyota is doubling down on the “holy grail” of EV tech — all-solid-state batteries. Its first EV could arrive as soon as 2027, promising longer driving range, faster charging times, and more.
Toyota to launch its first all-solid-state battery EV in 2027
After announcing a new partnership with Sumitomo Metal Mining Co. to mass produce cathode materials for the new battery tech on Wednesday, Toyota said it aims “to achieve the world’s first practical use of all-solid-state batteries in BEVs.”
Toyota said that its new batteries could significantly enhance driving range, charging times, and output, potentially transforming the future of automobiles.
Compared to current liquid-based batteries, which use electrolyte solutions, Toyota’s all-solid-state batteries utilize a cathode, an anode, and a solid electrolyte. According to Toyota, the next-gen battery tech “offers the potential for smaller size, higher output, and longer life.”
Toyota aims to launch its first all-solid-state battery-powered EV in 2027 or 2028. The new development agreement moves it one step closer to bringing the new battery tech to market on a mass scale.
The two companies have been developing cathode materials for all-solid-state EV batteries since 2021, focusing on some of the biggest challenges in producing them at a mass scale.
Using Sumitomo Metal Mining’s proprietary powder synthesis technology, Toyota claimed to have developed a “highly durable cathode material” for all-solid-state batteries.
Sumitomo has been supplying cathode materials for electric vehicles for years, but it’s now working to introduce the newly developed tech, moving it toward mass production.
The new agreement comes after Toyota was granted a METI certification to manufacture the new batteries in Japan last September.
Toyota is collaborating with several partners in Japan, including oil giant Idemitsu Kosan, to introduce the new EV batteries to the market.
Idemitsu announced plans earlier this year to build a large-scale production plant for lithium sulfide, a raw material used in all-solid-state EV batteries. Once up and running, the plant will be capable of producing 1,000 metric tons of lithium sulfide annually. The company is also aiming to mass-produce all-solid-state batteries in 2027.
The new batteries are part of Japan’s plans to secure a domestic supply chain and reduce its reliance on China and South Korea. Toyota is among several companies in Japan that are investing a combined $7 billion (1 trillion yen) in domestic battery production.
Electrek’s Take
Will Toyota be the “world’s first” to put all-solid-state EV batteries to practical use? Others, including Mercedes-Benz, BMW, Volkswagen, and Honda, are also betting on the new technology.
Mercedes claimed to have put “the first car powered by a lithium-metal solid-state battery on the road” in February. Just last month, Mercedes drove an EQS, equipped with solid-state batteries, for nearly 750 miles (1,205 km).
Mercedes’ tech boss, Markus Schäfer, is already calling the new EV battery tech a “gamechanger” for electric vehicles. The company aims to bring solid-state batteries into series production by the end of the decade.
Meanwhile, CATL and BYD, which are already dominating the global battery market, aim to introduce the new battery tech around 2027.
SAIC MG launched the new MG4 in August, deeming it “the world’s first mass-produced semi-solid-state” electric vehicle.
Can Toyota compete? It has been promising to launch all-solid-state batteries for years now, but new alliances could help make it a reality. As for the “world’s first,” however, that may be a stretch.
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A recent tragic incident in Portland, Oregon, one of countless similar occurrences, is putting a spotlight on a less-discussed but very real threat to micromobility riders: the condition of our roads.
Earlier this month, a Portland husband and father tragically lost his life while riding an electric scooter along an otherwise innocuous local street. It was marked just 25 mph, but it wasn’t the road’s speed that was the issue, or even the car traffic, which is usually to blame for most riders’ deaths. According to reports, Randy Phelps was thrown from his scooter after hitting a pothole in the road. He spent nearly three weeks on life support before passing away. His organs went on to save the lives of three others.
The loss is heartbreaking – but sadly, not unique.
The pothole had been reported to the city many times, including by local residents and businesses located along the street. Just a few days after Phelps died, the city finally filled in the pothole.
We talk a lot about the dangers that cars pose to cyclists and scooter riders. And for good reason… they are far and away the leading cause of injuries and fatalities for micromobility users. But it’s time we start recognizing that crumbling infrastructure is another deadly factor.
Potholes, cracks, unmarked trenches, and uneven pavement may go unnoticed or simply seem like minor annoyances to drivers in SUVs or pickup trucks. But to someone on an electric scooter or e-bike, they can be catastrophic. Especially at the typical speeds many of these vehicles travel, often between 15 to 28 mph (25 to 45 km/h), a sudden jolt or loss of control from hitting a deep pothole can easily send a rider flying.
Electric scooters are particularly vulnerable here. Commonly available with small 8 to 9-inch wheels, they simply don’t have the ability to roll over wide cracks or potholes that larger diameter wheels have. Instead, they tend to fall into them. Hitting a large pothole on a scooter can often end in an immediate crash. E-bikes usually fare better, with larger diameter wheels offering a bit more forgiveness. But even on a bike, deep pot holes or simply the wrong bump at the wrong angle can flip you over the handlebars or throw off your line, especially if you’re already navigating traffic or a narrow bike lane. And the edge of a pothole can easily puncture an underinflated bicycle innertube with a pinch flat, leading to loss of control at speed.
It’s part of why fat tire e-bikes – with their big, 3 or 4-inch wide tires – are so popular. Not only do they give a cushy ride, but they offer a layer of protection by rolling more smoothly over broken pavement and filling in small potholes instead of dropping into them. They’re not a magic solution, but they help on rougher roads.
I’ve recently been spending time on the new VMAX VX2 Hub e-scooter, which, by electric scooter standards, has relatively large 10-inch tires. They’re also tubeless, functioning closer to motorcycle tires. While 10 inches still isn’t huge, I tend to prefer these types of larger-wheeled scooters versus the small-wheeled budget options precisely for the extra safety that those larger tires offer.
Ultimately though, this isn’t just about tire width or diameter. This is about infrastructure. Many cities across the US have done a great job encouraging people to choose alternative forms of transportation. In fact, Portland is often seen as one of the most cycling-friendly cities in the country, and even there it took the death of a local rider to get a pot hole filled in.
It takes more than just encouraging people to switch from cars to scooters or bikes. It means they have a responsibility to maintain safe conditions for those users. That includes repaving cracked roads, filling potholes quickly, and keeping bike lanes clear and usable – not just painting lines and calling it a day.
And while I hope this doesn’t come across as victim-blaming, we riders also need to recognize that part of surviving on two wheels means riding defensively – not just against cars, but against the road itself. That might mean scanning ahead more actively, slowing down when visibility is poor or the pavement is suspect, and choosing routes with safer surfaces whenever possible. On one of my first e-bikes back in 2010, I turned my wheel from an O-shape into a D-shape while following too close behind a car to see a big pot hole in time, and that taught me a big lesson that I still remember 15 years later.
None of this is meant to place blame on riders. The responsibility is on cities to fix their roads. But until that happens — and while we push for it — we riders have to ride like our lives depend on it. Because often times, they do.
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Nvidia CEO Jensen Huang said Wednesday that demand is up huge this year as artificial intelligence models develop further from answering simple questions to complex reasoning.
“This year, particularly the last six months, demand of computing has gone up substantially,” Huang said on CNBC’s “Squawk Box.”
The CEO of the AI chip leader was answering a question about what investors ask him most about. Nvidia shares rose about 2% on Wednesday, helping to boost the Nasdaq Composite higher.
AI reasoning models are using exponential amounts of computing power but they are also seeing exponential amounts of demand because their results are so good, Huang said.
“The AIs are smart enough that everybody wants to use it,” the CEO said. “We now have two exponentials happening at the same time.”
“Demand for Blackwell is really, really high,” he said of Nvidia’s most advanced graphics processing unit. “I think we’re at the beginning of a new buildout, beginning of a new industrial revolution.”
Nvidia announced last month it will invest $100 billion in OpenAI‘s massive data center buildout. OpenAI is planning to build 10 gigawatts of data centers using Nvidia chips.
The scale of the AI industry’s plans have raised doubts about whether the leading companies can secure the power needed to fuel their ambitions. Ten gigawatts is equivalent to the annual power consumption of 8 million U.S. households, or New York City’s peak baseline summer demand in 2024.
When asked who is winning the AI race, Huang said the U.S. is “not far ahead” of China right now. Beijing is building out the power needed to support AI much faster than the U.S., the CEO said.
“China is way ahead on energy,” Huang said.
The artificial intelligence industry will need to build new power generation off the electric grid in order to move quickly to meet demand and insulate consumers from rising electricity prices, he said. Data centers should be outfitted with natural gas and then potentially nuclear power at some point in the future, the CEO said.
“We should invest in just about every possible way of generating energy,” Huang said. “Data center self-generated power could move a lot faster than putting it on the grid and we have to do that,” he said.
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