Sam Bankman-Fried’s lawyers reveal his planned testimony in FTX fraud trial
Lawyers for Sam Bankman-Fried late Wednesday revealed details of his planned testimony if he takes the witness stand at his FTX fraud trial.
Bankman-Fried’s legal team told Judge Lewis Kaplan in a six-page letter that he would address three key areas in such testimony, including suggesting that he relied on FTX’s former legal team in allowing some actions that later led to the implosion and bankruptcy of the cryptocurrency exchange.
Lawyers for the disgraced FTX chief also said he would also cite his understanding of common industry practices, as well as his intention to comply with Bahamian authorities.
Bankman-Fried faces seven criminal counts, including wire fraud, securities fraud and money laundering, that could land him in prison for more than 100 years if he is convicted at his trial in Manhattan federal court.
Bankman-Fried, the son of two Stanford legal scholars, has pleaded not guilty in the case.
Will he or won’t he?
The letter to Kaplan appears to cast doubt on whether the disgraced crypto billionaire will take the witness stand.
Earlier Wednesday, one of Bankman-Fried’s two chief trial attorneys, Mark Cohen, said in a conference call that his client would testify as would three other people.
But in his letter Wednesday evening, Cohen wrote, “Accordingly, should Mr. Bankman-Fried decide to testify in his defense, he should be permitted to testify as to his understanding of industry practices regarding use of omnibus wallets to show his good faith and lack of criminal intent.”
The statement suggests Bankman-Fried might stand down on testifying, should the defense’s requests be rejected.
Blaming ex-FTX lawyers
Kaplan previously ruled that Bankman-Fried’s lawyers could not make a so-called advice of counsel argument in their opening remarks since it might risk prejudicing the jury.
But Cohen in the new letter told Kaplan that although prosecutors “previously moved to preclude Mr. Bankman-Fried from offering evidence or argument regarding the involvement of attorneys,” Bankman-Fried’s “knowledge of the involvement of counsel in these matters” is “directly relevant” to “his state of mind and good faith at the time.”
Cohen cited specific examples where, at the guidance of FTX lawyers, Bankman-Fried adopted a policy which prosecutors argued shows his criminality.
One example was company-wide policy on the encrypted messaging app Signal.
Caroline Ellison, Bankman-Fried’s ex-girlfriend who also ran crypto hedge fund Alameda Research, testified SBF directed FTX and Alameda employees to use the disappearing message setting on Signal. She said he told them to be very careful about what they put in writing because of potential legal exposure.
Lesser-known FTX co-founder and ex-chief technology officer Gary Wang, as well as senior FTX developer Adam Yedidia, also testified to the directive that Signal communications be set to auto-delete.
The government similarly asserted in its opening argument before the jury that the 30-day auto-deletion policy on Signal was because Bankman-Fried “didn’t want a paper trail for his crimes.”
But Cohen wrote that Bankman-Fried’s understanding was that these auto-deletion policies were “instituted under the guidances of lawyers.”
In another example, Cohen pointed to the billions of dollars worth of FTX customer deposits that went directly into a bank account controlled by Alameda.
Prosecutors say 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.
But attorneys for Bankman-Fried allege that SBF’s “understanding as to the involvement of counsel in the formation” of these accounts and in the payment arrangement established between FTX and Alameda would be “directly relevant” to the defendant’s “good faith belief that there was nothing improper about using Alameda-controlled entities to accept FTX customer deposits.”
In these and other examples involving the guidance of former FTX counsel, defense attorneys for Bankman-Fried return to the same rationale that the ex-FTX chief was acting in good faith and not with the criminal intent alleged by the government.
Blaming the Bahamian authorities
Wang has testified that last Nov. 12, after FTX declared bankruptcy, Bankman-Fried asked that Wang drive with him to the Bahamas Securities Commission for a meeting.
On the drive, Bankman-Fried told Wang to transfer assets to Bahamian liquidators because he believed they would allow him to maintain control of the company. Wang said he was not in the meeting with the securities authority, though Bankman-Fried’s dad was present. Wang said he returned to the U.S. and met with American prosecutors the next day.
He faces up to 50 years in prison when he faces a judge for sentencing following this trial. He told jurors he signed a six-page cooperation agreement that requires him to meet with prosecutors, answer their questions truthfully and turn over evidence.
Feds further allege that SBF prioritized paying certain creditors, including Bahamian authorities. In its pretrial motion, the government pointed to Bankman-Fried’s “criminal intent,” as well as the “false nature of his representations” that he wanted to “do right by customers.”
Cohen writes, “We anticipate eliciting testimony from Mr. Bankman-Fried regarding his good faith intentions on November 12, 2022 with respect to compliance with orders by Bahamian authorities to transfer assets from FTX to the Securities Commission of The Bahamas over the objections of FTX’s in-house counsel and U.S. bankruptcy counsel.”
“Such testimony would require Mr. Bankman-Fried to discuss his belief that the Bahamian authorities were acting in the best interests of FTX customers, whereas FTX’s in-house counsel and outside bankruptcy counsel in the United States had conflicts of interest,” the letter continues.
Blaming the status quo in crypto
Bankman-Fried’s understanding of commonly accepted industry practices may also figure prominently in his testimony.
In the crypto vernacular, an omnibus account is where the digital assets of multiple users are held collectively in a single account. Cryptocurrency exchanges and others in the industry typically use this type of collective storage strategy into order to slash costs and streamline the workflow.
In the case of FTX, the commingling of customer and company assets has become a major point of contention between the government and the defense.
Prosecutors argued that FTX’s “use of omnibus wallets is relevant to this case,” the letter said.
“For example, the Government elicited testimony from Mr. Sun that he did not believe that FTX customer deposits could permissibly be commingled with other funds of the business … and that FTX utilized an omnibus wallet for all customer digital assets,” the document continues, referring to FTX’s former general counsel, Can Sun.
“We respectfully submit that Mr. Bankman-Fried’s knowledge of industry practices regarding the use of omnibus wallets is relevant to his good faith belief that his conduct was permissible,” the letter added.
“Mr. Bankman-Fried’s understanding of whether FTX’s actions were consistent with the crypto industry practices with regard to use of omnibus wallets is probative of his good faith belief that FTX’s (and his own) actions were proper.”
A worker repairs a power line in Austin, Texas, U.S., on Wednesday, Feb. 18, 2021.
Thomas Ryan Allison | Bloomberg | Getty Images
The rapid expansion of data centers in Texas is driving electricity demand higher during the winter, compounding the risk of supply shortfalls that could lead to blackouts during freezing temperatures.
The Lone Star state is attracting a huge amount of data center requests, driven by its abundant renewable energy and natural gas resources as well as its business friendly environment. OpenAI, for example, is developing its flagship Stargate campus in Abilene, about 150 miles west of Dallas-Forth Worth. The campus could require up to 1.2 gigawatts of power, the equivalent of a large nuclear plant.
The North American Electric Relibaility Corporation warned this week that data centers’ round-the-clock energy consumption will make it more difficult to sustain sufficient electricity supply under extreme demand conditions during freezing temperatures like catastropic Winter Storm Uri in 2021.
“Strong load growth from new data centers and other large industrial end users is driving higher winter electricity demand forecasts and contributing to continued risk of supply shortfalls,” NERC said of Texas in an analysis published Tuesday. Texas faces elevated risk during extreme winter weather, but the state’s grid is reliable during normal peak demand, NERC said.
During Uri, demand spiked for home heating in response to the freezing temperatures at the same time power plants failed in large numbers due to the same weather. Texas grid operator ERCOT ordered 20 gigawatts of rolling blackouts to prevent the system from collapsing, according to a Federal Energy Regulatory Commission report. The majority of the power plants went offline ran on natural gas.
It was the “largest manually controlled load shedding event in U.S. history” resulting 4.5 million people losing power for several days. At least 210 people died during the storm. Most of the fatalities were connected to the outages and included cases of hypothermia, carbon monoxide poisoning, and medical conditions exacerbated by freezing termperatures, according to FERC.
Data center requests surge
In the years since Uri, Texas has received a staggering amount of requests from data centers, crypto mining facilities and industrial customers seeking a grid conenction. More than 220 gigawatts of projects have requested connection as of this month, a 170% increase over the 83 gigawatts of project requests back in January, according to data published Wednesday by ERCOT.
About 73% of the projects requesting connection are data centers, according to ERCOT.
If all of those projects were actually built, they would be equivalent to the average annual power consumption of nearly 154 million homes in Texas, according to a CNBC analysis based on 2024 household electricity data. But the Lone Star state only has a population of about 30 million people.
Beth Garza, a former head of ERCOT’s watchdog, said she is very skeptical these projects will all get built, describing the scale of the numbers as “crazy big.” More than half the projects have not submitted planning studies, according to ERCOT.
“There’s not enough stuff to serve that much load on the equipment side or the consumption side,” said Garza, who served as director of ERCOT’s Independent Market Monitor from 2014 through 2019. “There’s just so much stuff in the world to make those kinds of numbers work.”
Phantom data centers are showing up in grid connection requests across the U.S. as developers shop the same projects around to mutliple jurisdictions, said John Moura, the director of NERC’s reliability assessments. This makes it difficult for utilities to forecast future demand conditions.
Reliability at risk
The projects that ERCOT has approved to actually connect to the grid is much smaller at 7.5 gigawatts, but this is still a subsantial amount of new demand. By comparison, the six county region in southeastern Pennsylvania that includes Philadelphia, with a population of 1.7 million people, had a peak demand of about 8.6 gigwatts in 2024, according to the state utility board.
Texas’ supply and demand balance can become tight during winter and potentially fall into deficit. The state has 92.6 gigawatts of available resources and peak demand in an extreme Uri-like scenario could reach about 85.3 gigawatts, according to NERC.
But avalaible power could fall to around 69.7 gigawatts in extreme winter weather, leaving a supply deficit of more than 15 gigawatts. This is due to typical power plant maintainence and forced plant outages as well as reductions in power capacity due to winter conditions.
“What’s important to understand is the tightness we’re seeing,” Moura said. NERC’s winter assessment only included data center facilities that have reached certain milestones to filter out speculative projects, he said.
“I can’t stress enough how much of a monumental change this is for the electric industry,” Moura said of the data center requests. One solution is for data centers to show flexibility in their electricity consumption to help keep demand and supply in balance during extreme winter scenarios, he said.
In the case of Uri, natural gas plants made up 58% of all the unplanned outages in Texas, according to FERC. Freezing tempartures reduced gas production, led to challenges delivering fuel and problems transmitting electricity as power lines fell.
Texas has adopted rules to harden natural gas infrastructure for extreme winters in the wake of the storm.
When gas plants go out in such a large way, solar and battery storage also face challenges, according to NERC. Peak demand in winter is in the early morning hours when sunlight is lower and batteries may not have had enough time recharge, Moura said.
With data centers running around the clock, “maintaining sufficient battery state of charge will become increasingly challenging for extended periods of high loads, such as a severe multi-day storm like Winter Storm Uri,” NERC said in its analysis.
“Power shortfalls and rolling outages really could happen in the next few years in certain regions” of the U.S. as demand from facilities like data centers outstrips supply, said Rob Gramlich, president of power consulting firm Grid Strategies. “Those are unacceptable to everybody in the United States.”
Garza said she’s confident that the reliable demand from data centers will bring new supply. “Plants love that kind of of opportunity,” she said. “My expectation is that then attracts additional private capital investment to meet those supply needs.”
Environment
Activist Ananym Capital sees upside if Baker Hughes spins off its oilfield services business
First Solar just cut the ribbon on a huge new factory in Iberia Parish, Louisiana, and it dwarfs the New Orleans Superdome. The company’s $1.1 billion, fully vertically integrated facility spans 2.4 million square feet, or about 11 times the size of the stadium’s main arena.
The factory began production quietly in July, a few months ahead of schedule, and employs more than 700 people. First Solar expects that number to hit 826 by the end of the year. Once it’s fully online, the site will add 3.5 GW of annual manufacturing capacity. That brings the company’s total US footprint to 14 GW in 2026 and 17.7 GW in 2027, when its newly announced South Carolina plant is anticipated to come online.
The Louisiana plant produces First Solar’s Series 7 modules using US-made materials — glass from Illinois and Ohio, and steel from Mississippi, which is fabricated into backrails in Louisiana.
The new factory leans heavily on AI, from computer vision that spots defects on the line to deep learning tools that help technicians make real‑time adjustments.
Louisiana Governor Jeff Landry says the investment is already a win for the region, bringing in “hundreds of good-paying jobs and new opportunities for Louisiana workers and businesses.” A new economic impact analysis from the University of Louisiana at Lafayette projects that the factory will boost Iberia Parish’s GDP by 4.4% in its first full year at capacity. The average manufacturing compensation package comes in at around $90,000, more than triple the parish’s per capita income.
First Solar CEO Mark Widmar framed the new facility as a major step for US clean energy manufacturing: “By competitively producing energy technology in America with American materials, while creating American jobs, we’re demonstrating that US reindustrialization isn’t just a thesis, it’s an operating reality.”
This site joins what’s already the largest solar manufacturing and R&D footprint in the Western Hemisphere: three factories in Ohio, one in Alabama, and R&D centers in Ohio and California. Just last week, First Solar announced a new production line in Gaffney, South Carolina, to onshore more Series 6 module work. By the end of 2026, the company expects to directly employ more than 5,500 people across the US.
Read more: First Solar pours $330M into a new South Carolina solar factory
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