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Sam Bankman-Fried criminal trial begins in New York

A year ago, Sam Bankman-Fried was revered as a titan of the industry and living large at a $40 million penthouse in the Bahamas, while he ran a crypto empire valued at $32 billion. On Tuesday morning in a Manhattan federal court in New York, the now disgraced founder and ex-CEO of the bankrupt crypto exchange FTX will stand trial for allegedly masterminding one of the biggest financial frauds in U.S. history.

Here is what you need to know about the multi-week trial that starts today, the government’s case against 31-year-old Bankman-Fried, and how we got here.

The trial(s) against Sam Bankman-Fried

Tuesday marks the start of the first of two separate criminal trials against the man once celebrated as a titan of the industry.

In the first trial, Bankman-Fried faces seven criminal counts related to the collapse of the crypto empire he built, including wire fraud, securities fraud and money laundering.

A superseding indictment alleges that Bankman-Fried misused billions of dollars worth of customer money for personal purchases, including buying more than $200 million of upscale real estate properties in the Bahamas, as well as to cover bad bets made at his crypto hedge fund, Alameda Research. The government says customer cash was shuttled to Alameda via two channels: Users depositing cash directly into accounts held by Alameda and through a secret backdoor that was baked into FTX’s code.

Prosecutors from the Southern District of New York, who contend that more than $8 billion of customers’ money has gone missing, also allege that Bankman-Fried defrauded FTX investors by covering up the scheme.

The government has separately accused SBF of using customer funds to make more than $100 million in campaign contributions for the 2022 midterm elections.

The full list of charges are:

  • Conspiracy to commit wire fraud on customers of FTX.
  • Wire fraud on customers of FTX.
  • Conspiracy to commit wire fraud on lenders to Alameda Research.
  • Wire fraud on lenders to Alameda Research.
  • Conspiracy to commit fraud on customers of FTX in connection with purchase and sale of derivatives.
  • Conspiracy to commit securities fraud on investors in FTX.
  • Conspiracy to commit money laundering.

A conviction on all counts could land him more than 100 years in prison. Bankman-Fried, who is the son of two Stanford legal scholars, has pleaded not guilty to all charges.

Bankman-Fried’s criminal trial is expected to last up to six weeks, and it kicks off at 9:30 a.m. ET on Tuesday with jury selection. From there, the prosecution will take roughly four weeks to lay out its case, and the defense will take another one to two weeks to present its side.

It’s not yet known whether Bankman-Fried will testify, but the witness roster is expected to include his top deputies at FTX and Alameda, who also happened to comprise his innermost social circle before his crypto empire imploded.

The list of cooperating witnesses anticipated to take the stand include Bankman-Fried’s ex-girlfriend, Caroline Ellison, and his ex-best friend from high school math camp and former MIT roommate, Gary Wang.

Ellison, who is the former chief executive of Alameda Research, and FTX co-founder Wang, both pleaded guilty in December to multiple charges and have been cooperating with the U.S. attorney’s office in Manhattan for months.

Since August, Bankman-Fried has been held in a jail in Brooklyn, New York, after having his multimillion-dollar bail revoked for witness tampering, after allegedly leaking to The New York Times the private diary entries of Ellison, who is expected to be a star witness for the prosecution.

Court documents filed so far indicate that lawyers for Bankman-Fried could present an “advice of counsel” defense. That’s where they would say that he was following the guidance of FTX lawyers and didn’t realize that what he was doing was illegal. Judge Lewis Kaplan has already ruled, however, that this defense strategy cannot be included in their opening remarks since it might risk prejudicing the jury from the start.

A second criminal trial is slated for March 2024 that will deal with additional charges brought after Bankman-Fried’s extradition to the U.S. from FTX’s headquarters in the Bahamas.

Samuel Bankman-Fried’s poster in downtown San Francisco.

MacKenzie Sigalos | CNBC

How we got here

The Kimchi Swap put Sam Bankman-Fried on the map.

The year was 2017, and the ex-Jane Street Capital quant trader noticed something funny when he looked at the page on CoinMarketCap.com listing the price of bitcoin on exchanges around the world. Today, that price is pretty much uniform across the exchanges, but back then, Bankman-Fried previously told CNBC, he would sometimes see a 60% difference in the value of the coin. His immediate instinct, he said, was to get in on the arbitrage trade — buying bitcoin on one exchange, selling it back on another exchange, and then earning a profit equivalent to the price spread.

“That’s the lowest hanging fruit,” Bankman-Fried said in September.

The arbitrage opportunity was especially compelling in South Korea, where the exchange-listed price of bitcoin was significantly more than in other countries. It was dubbed the Kimchi Premium — a reference to the traditional Korean side dish of salted and fermented cabbage.

After a month of personally dabbling in the market, Bankman-Fried launched his own trading house, Alameda Research — named after his hometown of Alameda, California, near San Francisco — to scale the opportunity and work on it full time. Bankman-Fried said in an interview with CNBC that the firm sometimes made as much as a million dollars a day.

Part of why SBF earned street cred for carrying out a relatively straightforward trading strategy was because it wasn’t the easiest thing to execute on crypto rails five years ago. Bitcoin arbitrage involved setting up connections to each one of the trading platforms, as well as building out other complicated infrastructure to abstract away a lot of the operational aspects of making the trade. Bankman-Fried’s Alameda became very good at that, and the money rolled in.

From there, the SBF empire ballooned.

Alameda’s success spurred the launch of crypto exchange FTX. In April 2019, Bankman-Fried and Wang — along with University of California, Berkeley, graduate Nishad Singh — founded FTX.com, an international cryptocurrency exchange that offered customers innovative trading features, a responsive platform and a reliable experience. FTX’s success begat a $2 billion venture fund that seeded other crypto firms. Bankman-Fried’s personal wealth grew to around $26 billion at its peak.

Bankman-Fried was suddenly the poster boy for crypto everywhere, and the FTX logo adorned everything from Formula One race cars to a Miami basketball arena. He went on an endless press tour, bragged about having a balance sheet that could one day buy Goldman Sachs, and became a fixture in Washington, where he was one of the Democratic Party’s top donors, promising to sink $1 billion into U.S. political races before later backtracking.

It was all a mirage.

As crypto prices tanked in 2022, Bankman-Fried boasted that he and his enterprise were immune. But in fact, the sectorwide wipeout hit his operation quite hard. Alameda borrowed money to invest in failing digital asset firms in the spring and summer of 2022 to keep the industry afloat, then reportedly siphoned off FTX customers’ deposits to stave off margin calls and meet immediate debt obligations. A fight on Twitter, now known as X, with the CEO of rival exchange Binance pulled the mask off the scheme.

Alameda, FTX and a host of subsidiaries Bankman-Fried founded filed for bankruptcy protection in Delaware. Bankman-Fried lost 94% of his personal wealth in a single day; was arrested in the Bahamas; was subsequently extradited to the U.S. and taken into custody; was released on a $250 million bail to his parents’ California home; and then later remanded back into custody for alleged witness tampering.

Meanwhile, federal prosecutors and regulators have accused Bankman-Fried of not just having perpetrated a fraud, but having done so “from the start,” according to a filing from the Securities Exchange Commission.

SEC and Commodity Futures Trading Commission regulators, alongside federal prosecutors from the United States Attorney’s Office for the Southern District of New York, say that Bankman-Fried was at the heart — indeed, the driver — of “one of the biggest financial frauds in American history,” in the words of U.S. Attorney Damian Williams.

Federal regulators at the CFTC say that just a month after founding FTX.com, Bankman-Fried, “unbeknownst to all but a small circle of insiders,” was leveraging customer assets — specifically, customers’ personal cryptocurrency deposits — for Alameda’s own bets. 

Rehypothecation is the term for when businesses legally use customer assets to speculate and invest. But Bankman-Fried didn’t have permission from customers to gamble with their funds. FTX’s own terms of use specifically forbade him, or Alameda, from using customer money for anything — unless the customer allowed it.

And from FTX’s inception, there was a lot of customer money. The CFTC cited 2019 reports from FTX which pegged the futures volume alone as often exceeding $100 million every day.

Using customer money for Alameda’s bets constituted fraud, the CFTC alleges. From the very genesis of FTX, regulators allege, Bankman-Fried was using customer funds to bankroll his speculative investments.

It was a steep fall from hero to villain. But there were a lot of signs.

The risk of an FTX crypto contagion

A lousy crypto hedge fund

Despite the deck being stacked in Alameda’s favor, the hedge fund offered terrible returns. A court filing indicated that Alameda lost more than $3.7 billion over its lifetime, despite public statements by FTX leaders touting how profitable the trading arm was.

Alameda’s losses and lending structure were a critical component of FTX’s eventual collapse.

Alameda didn’t just allegedly play fast and loose with customer money. The hedge fund borrowed aggressively from multiple lenders, including Voyager Digital and BlockFi Lending. Both those companies entered Chapter 11 bankruptcy proceedings in 2022, and FTX targeted both for acquisition.

Alameda secured its loans from Voyager and BlockFi with FTT tokens, which FTX minted itself. Bankman-Fried’s empire controlled the vast majority of the available currency, with only a small amount of FTT actually circulating at any time.

Alameda should have acknowledged the fact that its tokens couldn’t be sold at the price that they claimed they were worth, the CFTC alleges in its complaint. 

This was because any attempt by Alameda to sell off their FTT tokens would crater FTT’s price, given how much of the available supply Alameda controlled.

Instead of correctly marking its tokens to market, though, Alameda marked their entire hoard of FTT at the prevailing market price.

Alameda used this methodology with other coins as well, including Solana and Serum (a token created and promoted by FTX and Alameda), using them to collateralize billions in loans to other crypto players. Industry insiders even had a nickname for those tokens — “Sam coins.”

The tables began to turn in May 2022 after the collapse of Luna, a stablecoin whose implosion and subsequent crash devastated other lenders and crypto firms and sent crypto prices plunging. Major Alameda lenders, like Voyager, declared bankruptcy. Remaining lenders began to execute margin calls or liquidate open positions with customers, including Alameda.

The CFTC alleges that between May and June 2022, Alameda was subjected to “a large number of margin calls and loan recalls.”

Unbeknownst to investors, lenders, or regulators, Alameda lacked enough liquid assets to service its loan obligations.

But while Alameda was illiquid, FTX’s customers — who had been constantly reassured that the exchange, and Bankman-Fried, were determined to protect their interests — were not. 

Binance, Crypto.com CEOs race to reassure customers funds are safe

The fraud — exposed

Bankman-Fried stepped down from his leadership position at Alameda Research in Oct. 2021 in what CFTC regulators claim was a calculated bid to cultivate a false sense of separation between FTX and the hedge fund. But he continued to exercise control, regulators claim.

Bankman-Fried allegedly ordered Alameda to increase its use of customer assets, drawing down massively on its “unlimited” credit line at FTX.

“Alameda was able to rely on its undisclosed ordinary-course access to FTX credit and customer funds to facilitate these large withdrawals, which were several billion dollars in notional value,” the CFTC filing reads.

By the middle of 2022, Alameda owed FTX’s unwitting customers approximately $8 billion. Bankman-Fried had testified before the House that FTX boasted world-class risk management and compliance systems, but in reality, according to the firm’s own bankruptcy filings, it possessed almost nothing in the way of record-keeping.

Then, on Nov. 2, the first domino fell. Crypto trade publication CoinDesk publicized details on Alameda’s balance sheet which showed $14.6 billion in assets. Over $7 billion of those assets were either FTT tokens or Bankman-Fried-backed coins like Solana or Serum. Another $2 billion were locked away in equity investments.

For the first time ever, the secretive inner workings of Alameda Research were revealed to be a Potemkin village. Investors began to liquidate their FTT tokens and withdraw their holdings from FTX, a potentially calamitous situation for Bankman-Fried.

Alameda still had billions of collateralized loans outstanding — but if the value of their collateral, FTT, fell too far, their lenders would execute further margin calls, demanding full repayment of loans.

Allegedly, Alameda had already been unable to fulfill loan obligations over the summer without accessing customer funds. Now, with money flowing out of the exchange and FTT’s price slipping, Alameda and FTX faced a liquidity crunch.

In a now-deleted tweet, Bankman-Fried continued to claim FTX was fully funded and that customer assets were safe. But on Nov. 6, 2022, four days after the CoinDesk article, the crack widened into a chasm, thanks to an old investor-turned-rival, Changpeng “CZ” Zhao.

Zhao founded Binance in 2017, and it was the first outside investor in FTX, funding a Series A round in 2019. FTX bought out Binance in 2021 with a combination of FTT and other coins, according to Zhao.

Zhao dropped the hammer with a tweet saying that because of “recent revelations that have came [sic] to light, we have decided to liquidate any remaining FTT on our books.”

FTX executives scrambled to contain the damage, and Alameda traders managed to fend off outflows for two days, holding the price of FTT at around $22.

Publicly, Bankman-Fried continued to operate as if all was well. “FTX is fine. Assets are fine,” he wrote in a tweet on Nov. 7 that has since been deleted.

But at the same time Bankman-Fried was tweeting reassurances, internally, executives were growing more and more alarmed at the increasing shortfall, according to prosecutors. Bankman-Fried and other executives admitted to each other that “FTX customer funds were irrevocably lost because Alameda had appropriated them.”

It was an admission that flew in the face of everything Bankman-Fried would claim publicly up through the day of his arrest, a month later.

By Nov. 8, the shortfall had grown from $1 billion to $8 billion. Bankman-Fried had been courting outside investors for a rescue package, but everyone declined.

FTX issued a pause on all customer withdrawals that day. FTT’s price plummeted by over 75%. Bankman-Fried was in the midst of a high-tech, decentralized run on the bank. Out of options, he turned to Zhao, who announced that he’d signed a “non-binding” letter of intent to acquire FTX.com.

But just a day later, on Nov. 9, Binance said it would not go through with the acquisition, citing reports of “mishandled customer funds” and federal investigations.

Two days later, Bankman-Fried resigned as CEO of FTX and associated entities. FTX’s longtime attorneys at Sullivan & Cromwell approached John J. Ray, who oversaw Enron through its bankruptcy, to assume Bankman-Fried’s former position.

FTX filed for bankruptcy that same day, on Nov. 11, 2022. A month later, Bankman-Fried was arrested by Bahamian authorities, pending extradition on charges of fraud, conspiracy, and money laundering.

Bankman-Fried, a devotee of a philosophy known as “effective altruism,” was apparently driven by an obsessive need to quantify the impact he had on this world, measured in dollars and tokens. He drafted a spreadsheet which measured the influence that Alameda had on the planet (and determined it was nearly a net wash). 

Billions of dollars of customer money were left floating in venture funds, political war chests and charitable coffers, although John Ray’s team has clawed back more than $7 billion so far.

Almost a decade ago, Bankman-Fried posed a hypothetical question to his friends and family on his personal blog: Waxing poetic on effective altruism, he asked rhetorically, “Just how much impact can a dollar have?”

“Well, if you want a one-sentence answer, here it is: one two thousandth of a life,” he said.

The CFTC alleges that over $8 billion of customer funds are missing. Some customers have doubtless lost their life savings, their kid’s college funds, their future down payments. By Bankman-Fried’s own math, his alleged misdeeds were worth four million lives.

CNBC’s Rohan Goswami contributed to this report.

Sam Bankman-Fried faces possible bankruptcy after failed FTX deal

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Porsche shows off Cayenne EV 11kW induction charging at IAA

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Porsche shows off Cayenne EV 11kW induction charging at IAA

Porsche today showed off two of its new products at IAA in Munich. The long-awaited Cayenne EV showed up with a new trick: an 11kW induction charger.

Details are still a little sparse at the moment, but it looks like a forthcoming Cayenne, which we hope to get a better look at later this month, will have 11kW wireless charging capability. Also new: the Cayenne will DC charge at up to 400kW, one of the fastest charging cars we’ve seen outside of China. But back to induction charging…

Porsche’s press release didn’t mention the type of induction charging, whether it would be compatible with other types of inductive chargers, or whether this was something that would come on other Porsches, wider VW vehicles, or even across the industry. The price is listed at €2000 for the option on the car and €5000 for the charging pad.

How inductive charging works in detail

Inductive charging is known from smartphones, but also from electric toothbrushes. The energy is transferred through the air via a magnetic field. For this purpose, a transmitter coil made of copper and ferrites is located in the base plate. Alternating current flows through this coil, which generates a magnetic field.

Porsche’s innovative concept uses ultra-wideband technology to determine the vehicle’s relative position above the floor plate. When the optimal parking position is reached, the driver is informed. In the vehicle’s secondary coil, which acts as a receiver unit, the magnetic field then generates alternating current. A rectifier then converts this into direct current so that the Cayenne’s high-voltage battery can store it.

The mechanism works by showing the charger on the front-view display. The driver must align the car to a certain place on the front of the car. Once over the spot, the car will lower itself to within 4-6 inches of the charging pad.

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  • Porsche wireless charging
  • Up to 11 kW
  • Efficiency up to 90 %
  • Active cooling
  • Charging pad 50 kg and 1,17 m 46“ long
  • Car lowers automatically when it parks over the pad
  • Motion sensor shuts down the plate when living beings or metal is being detected
  • Price 2.000 Euro vehicle, 5.000 Euro for the inductive plate, plus an electrician

At 240V, the 11kW Inductive charger would have a ~46A load. Porsche says the unit is up to 90% efficient, which means that the draw would be at least 12.2kW, which is about a 48A load at 240V.

Local media got a first hand look:

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Honda to unveil full-size electric motorcycle with fast charging this month

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Honda to unveil full-size electric motorcycle with fast charging this month

Honda is finally getting ready to show off a full-size electric motorcycle, and it’s coming with something we rarely see on two wheels: fast charging. The company confirmed it will reveal more details about the bike on September 16, and all signs point to it being the long-awaited production version of the EV Fun concept first teased last year.

That’s a big deal. While we’ve seen plenty of electric scooters and small commuter bikes from Honda and other legacy manufacturers, a full-size electric motorcycle with legitimate highway performance – and fast charging – would put Honda into much more serious territory.

Most current e-motos in this category either rely on slower Level 2 charging or have limited battery capacity (with a few notable exceptions like the LiveWire One). A lack of DC fast charging can make long-distance travel impractical on an electric motorcycle, or at least time-consuming with longer coffee breaks while Level 2 charging. Honda’s decision to integrate fast charging could be the differentiator that makes their bike a real contender for riders who don’t want to be tied down by long charge times.

While we don’t have full specs yet, teaser images of the bike clearly showcase a CCS Combo 2 charge port, which is used in Europe for fast charging.

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It’s an interesting move, especially since the company previously described the range of the upcoming model as being sufficient for urban use, without providing solid battery capacity information.

The bike looks nearly identical to the EV Fun concept, with a modern naked sport-bike style and Honda’s classic design language.

From the renders and spy shots floating around, it’s clearly meant to compete in the same class as mid-size combustion motorcycles like Honda’s CB series. That means it won’t be a tiny urban commuter; we’re talking about something built for the highway.

In addition to a dearth of info regarding the battery size, Honda hasn’t shared exact range or pricing yet, but those three specs will make or break this launch. Range has been the Achilles’ heel of many electric motorcycles, with real-world numbers often falling short of what riders expect from a gas bike, making faster highway-speed trips trickier without fast charging stops.

Price is another key factor. If Honda tries to compete head-to-head with Harley’s LiveWire or the high-dollar Zero models, it could find itself in a three-way battle to attract new riders. But if it manages to slot into a more accessible price bracket, we could see Honda move a lot of units.

While Honda says we’ll get the official details on September 16, the end-of-year timing also lines up well with the EICMA show in Milan this November. Don’t be surprised if Honda makes a bigger splash there, giving the bike its proper global debut in front of the industry.

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The Kia EV5 is the affordable electric SUV we want, but can’t have

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The Kia EV5 is the affordable electric SUV we want, but can't have

Kia launched the EV5 in South Korea, its stylish new Sportage-sized electric SUV. With prices starting at just $35,000, the Kia EV5 arrives as an affordable SUV that’s built for the masses. But those in the US may never get to see it.

Kia launches the EV5 in Korea at an affordable price

After opening orders in the UK earlier this week, Kia launched the EV5 in its home market of South Korea on Wednesday.

Like overseas, the electric SUV is available in three variants: Air, Earth, and GT-Line. Powered by an 81.4 kWh battery, the EV5 offers a range of up to 460 km (285 miles).

A single front-mounted electric motor provides up to 215 hp (160 kW) and 295 Nm max torque. It can also recharge from 10% to 80% in about 30 minutes using a 350 kW charger.

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The EV5 is 1,875 mm wide, 4,610 mm long, and 1,675 mm tall, with a wheelbase of 2,750 mm, which is slightly smaller than that of the Tesla Model Y. To give you a better idea, that’s 10 mm wider, 70 mm longer, and 30 mm taller than the Kia Sportage.

Kia-EV5-affordable-SUV
The Kia EV5 (Source: Hyundai Motor Group)

The extended wheelbase provides “best-in-class” rear passenger space, according to Kia, with 1,041 mm second-row legroom.

Despite an upright stance like the larger EV9, the EV5 still has a sporty look with Kia’s latest design elements. The vertically stacked LED headlights and slim DRLs with Star Map lighting add to the bold styling.

Kia-EV5-affordable-SUV
The Kia EV5 boasts “best-in-class” second row legroom (Source: Hyundai Motor Group)

The interior features Kia’s latest ccNC infotainment system, featuring dual 12.3″ driver cluster and infotainment screens in a panoramic display. Plus, there’s an added 5″ AC display.

Kia introduced several new features, including a new sound bar and display theme. Through a partnership with Disney, the EV5 will play welcome and goodbye tunes, EV-specific sounds, and more.

Kia-EV5-affordable-SUV-interior
The interior of the Kia EV5 (Source: Hyundai Motor Group)

The base EV5 Air starts at 48.55 million won ($35,000) in Korea, while the Earth trim is priced from 52.3 million won ($37,600). Upgrading to the sporty GT-Line costs 53.4 million won ($38,400).

With government and local subsidies, Kia expects the EV5 to be available for purchase at around 40 million won ($28,800).

Starting Price Driving Range
Kia EV5 Air 48.55 million won ($35,000) 460 km (285 miles)
Kia EV5 Earth 52.3 million won ($37,600) 460 km (285 miles)
Kia EV5 GT-Line 53.4 million won ($38,400) 460 km (285 miles)
Kia EV5 prices and driving range by trim in South Korea

In comparison, the base Tesla Model Y RWD starts at 52.99 million won ($38,000) and has a driving range of up to 400 km (248 miles).

Although Kia plans to launch the EV5 in North America, it will be exclusively sold in Canada. We’ve seen a few EV5 models testing in the US, sparking speculation (or hope) that it could arrive, but don’t get your hopes up too soon. The last official statement from Kia still says the EV5 will be exclusive to Canada in the North American market.

What do you think of Kia’s new electric SUV? Would you buy one in the US? With Trump’s tariff war, don’t get your hopes up.

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