Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Over the past month, lawyers in the criminal trial of Sam Bankman-Fried have brought close to 20 witnesses to the stand and presented hundreds of exhibits to the 12 jurors who will decide the fate of the boy once deemed the king of crypto.
The jury, which began deliberations on Thursday afternoon, has a mountain of evidence to consider in determining whether the 31-year-old founder of FTX is guilty of seven criminal counts, which include wire fraud, securities fraud and money laundering. Bankman-Fried, who has pleaded not guilty to all charges, faces more than 100 years in prison if convicted.
While prosecutors were able to present the jury with testimony from members of the defendant’s inner circle, Bankman-Fried’s case rests largely on his own appearance on the witness stand.
“From beginning to end, Sam Bankman-Fried’s team failed to come up with a real game changer,” said Renato Mariotti, a former prosecutor in the U.S. Justice Department’s Securities and Commodities Fraud Section and now a trial partner in Chicago with Bryan Cave Leighton Paisner. “His fraud was brazen and difficult to explain away, and he lacked the discipline to keep his mouth shut even after it was apparent that he was under criminal investigation.”
In addition to oral testimony, the government brought in other evidence to try and prove its case and to paint a picture of an executive who got too much, too fast, and spent well in excess of his means. These exhibits include encrypted text messages, emails, promissory notes, Google docs, spreadsheets, leaked videos and photos displaying Bankman-Fried’s lavish lifestyle, including of his $35 million condo in the Bahamas.
Lawyers for the U.S. Attorney’s office entered into evidence a series of photos featuring the $35 million penthouse where Sam Bankman-Fried and his fellow co-workers resided.
Source: SDNY
$1.1 billion in promissory notes
For weeks, prosecutors have shown the jury how billions of dollars in FTX customer money went to political donations, venture investments and luxury real estate. They traced the hundreds of millions of dollars that went from company coffers to Bankman-Fried’s personal accounts.
The prosecution presented a series of relatively simple, two-page promissory notes. According to agreements signed by the defendant and Caroline Ellison, who ran hedge fund Alameda Research, Bankman-Fried borrowed more $1.1 billion in the year before his companies — FTX and Alameda — filed for bankruptcy.
Bankman-Fried admitted on the stand that there were likely more loans that weren’t properly documented, so the borrowing probably exceeded what was presented into evidence.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Secret emails
Much of the government’s case against Bankman-Fried hinges on the testimony, emails, and text messages from former top lieutenants who turned against him late last year.
In one email, shared by prosecutors, Bankman-Fried promised preferential treatment to Bahamian customers on the FTX cryptocurrency exchange.
In a message to Ryan Pinder, the attorney general and minister of legal affairs for the Bahamas, Bankman-Fried claimed FTX had “segregated funds for all Bahamian customers” and would be “more than happy to open up withdrawals for all Bahamian customers on FTX, so that they can, tomorrow, fully withdraw all of their assets, making them fully whole.”
The email was sent Nov. 9, one day after FTX had halted withdrawals and two days before it filed for bankruptcy. FTX users had collectively pulled $5 billion off the platform in what amounted to a bank run.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Two other separate email chains show that Bankman-Fried seriously mischaracterized his role at Alameda Research, according to prosecutors.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
In a message to Rob Creamer, the CEO of Geneva Trading and chairman of FIA Principal Traders Group, Bankman-Fried wrote “Alameda has a totally separate team” that he didn’t manage.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Bankman-Fried wrote in an email to a Wall Street Journal reporter that Alameda’s account access “is the same as others” and that its traders don’t have “any special access to client information, marketdata, or trading.” According to the government, those claims have been debunked through witness testimony and internal company documents and text messages.
Alameda’s preferential treatment is spelled out in the two exhibits listed below. They show Alameda’s “allow negative” feature, and a line of credit on FTX that was $65 billion compared to $150 million or less for all other customers on the exchange.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Google Docs
Executives at FTX and Alameda used Google Docs and Sheets to share important financial information, according to their testimony.
Ellison would send alternative versions of balance sheets, some omitting key financials like the amount of customer funds borrowed by Alameda to cover its liabilities, to Bankman-Fried. He would then decide what to send to lenders.
Bankman-Fried would also consider larger strategy decisions in memos to his top execs.
In one memo, Bankman-Fried laid out the merits of shuttering Alameda, pointing to the “PR hit from Alameda and FTX both existing.” He wrote that, “the current Alameda leadership is good, but not good enough to be able to trust with such a big operation.”
He also wrote personal memos after the business had collapsed.
In a Google Doc dated Dec. 25, Bankman-Fried referenced the $600 million-plus stake in Robinhood he’d acquired with capital from Alameda. He wondered whether he should “try calling up the broker HOOD is with and see if they’ll just give me the shares without thinking about it.”
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
A big part of the government’s case revolves around the ways Bankman-Fried allegedly directed spending of money at Alameda long after he was no longer officially running the hedge fund.
In a message to FTX’s then general counsel Can Sun, Bankman-Fried pushed to get a $250 million transfer to hedge fund Modulo Capital expedited in full within eight hours. Sun later testified about the transaction under a non-prosecution agreement with the government.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Getting chummy with celebrities
Bankman-Fried’s chummy ties with celebrities and his enthusiasm for spending hundreds of millions of dollars on endorsement deals were areas of focus for the government.
Prosecutors showed the court a spreadsheet of investments made in 2021. They included $205 million for FTX’s naming rights to Miami’s NBA arena, $150 million to Major League Baseball, $28.5 million to NBA star Stephen Curry, $50 million to quarterback Tom Brady and his then wife Giselle Bundchen, and $10 million to comedian Larry David. The deals on the spreadsheet amounted to a total of $1.13 billion.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Nishad Singh, who was FTX’s director of engineering, testified that the $300 million outlay on investment firm K5 was among the most troubling. He said Bankman-Fried sent him a term sheet detailing hundreds of millions of dollars of bonuses to owners Michael Kives and Bryan Baum. That followed a K5 dinner Bankman-Fried attended alongside Hillary Clinton, Katy Perry, Orlando Bloom, Leonardo DiCaprio, and Kris and Kylie Jenner.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Singh said he told Bankman-Fried he was very concerned and that the K5 investment was “value extractive.” He also said he asked Bankman-Fried if the investment was made with his money or FTX’s. The spreadsheet showed it came from Alameda.
In a motion to dismiss a complaint in bankruptcy court against K5, the firm’s lawyers said the “plaintiffs attempt to make Kives and Baum complicit in SBF’s wrongdoing has no basis in fact.”
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
Leaked audio
In an all-hands meeting on the evening of Nov. 9, 2022, Alameda Research employees gathered in a circle to listen to Ellison, the CEO, who was sitting on a beanbag. She told staffers about Alameda’s borrowing from FTX, and said the exchange now had a “shortfall of user funds.”
Christian Drappi, a former software engineer at Alameda, was one of the 15 people in attendance at the meeting in the Hong Kong office. Ten others joined via video from the Bahamas.
In his testimony, Drappi described Ellison’s demeanor that night as “sunken.” He said she was “kinda slouching” and “did not display confident body language.”
In the recording of the Ellison meeting that was played for the jury, Drappi can be heard asking about FTX’s plan to pay back customers. Ellison said the company would raise money to fill the hole. Drappi asked Ellison if Alameda’s loans were collateralized through the spot margin group. She said they weren’t, and Drappi said, “That seems pretty bad.”
Caroline Ellison is questioned during Sam Bankman-Fried’s fraud trial over the collapse of FTX, the bankrupt cryptocurrency exchange, at Federal Court in New York City, U.S., October 11, 2023 in this courtroom sketch.
Jane Rosenberg | Reuters
Encrypted messages
Of the hundreds of items entered into evidence, a bank of messages on encrypted app Signal paint perhaps the clearest picture of Bankman-Fried’s alleged crimes.
One thread, dubbed “small group chat,” included Ellison, Bankman-Fried, and Joe Bankman, the defendant’s father, who advised the company on tax-related issues and other things. Also in the group were Ramnik Arora, a former product lead for FTX; Ryne Miller, who was the company’s general counsel; Constance Wang, ex-operating chief; and former FTX executive Ryan Salame.
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
Source: SDNY
Early in the morning on Nov. 7, the defendant put forth some “potential todos,” including halting withdrawals, sending a “confident tweet thread” and reaching out to firms such as Silverlake, Sequoia, and Apollo as they “wake up over the next few hours” to try to shore up cash.
Later that morning, Salame linked to a tweet from an anonymous crypto trader saying, “cant wait for my FTX airdrop for not moving any of my funds.”
Bankman-Fried chimed in with different ideas about how to take advantage of the post in an apparent effort to provide false hope to FTX customers that they’d receive free tokens if they kept their funds on the platform.
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
Source: SDNY
The next day, Nov. 8, Ellison appealed to the group for help on optics and public messaging.
She wrote, “multiple people internally asking me whether they should continue to make statements to external parties like ‘Alameda is solvent.’ should i suggest they stall instead? just stall on responding to their messages? or what?”
That’s the same day FTX issued a pause on all customer withdrawals. The price of FTT, FTX’s native token, plummeted by over 75%. Out of options, Bankman-Fried turned to Binance CEO Changpeng Zhao, who announced he’d signed a nonbinding letter of intent to acquire FTX.
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
She proposed saying, “Alameda is probably going to wind down” and that there was “no pressure” to stay but help with “stuff like making sure our lenders get paid” would be “super appreciated.”
Bankman-Fried suggested she say something about there “being a future of some sort for those who are excited.”
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
Source: SDNY
The author’s visit
Author Michael Lewis, whose book profiling Bankman-Fried was published the day the trial began, was also the subject of some Signal exchanges.
In a chat on Jan. 5, 2022, Bankman-Fried alerted a group that included Ellison and Singh that Lewis would be coming to the Bahamas the next month to do reporting.
Ellison said her “instincts are more toward under the radar.” Bankman-Fried, a notorious press hound, responded, “same, except exactly the opposite.”
As the grand scheme collapsed months later, Ellison expressed a great deal of relief in a private chat with Bankman-Fried.
Ellison wrote, “this is the best mood I’ve been in in like a year tbh” (“tbh” is short for “to be honest”).
In three consecutive messages, Bankman-Fried responded, “wow,” “uh,” “congrats?”
Ellison wrote, “I think I just had an increasing dread of this day that was weighing on me for a long time, and now that it’s actually happening, it just feels great to get it over with one way or another.”
Prosecutors are relying heavily on text messages sent among FTX and Alameda Research executives in the case against Sam Bankman-Fried.
The Rio Tinto Group logo atop Central Park tower, which houses the company’s offices, in Perth, Australia, on Friday, Jan. 17, 2025.
Bloomberg | Bloomberg | Getty Images
The mining sector appears poised for a frantic year of dealmaking, following market speculation over a potential tie-up between industry giants Rio Tinto and Glencore.
It comes after Bloomberg News reported Thursday that British-Australian multinational Rio Tinto and Switzerland-based Glencore were in early-stage merger talks, although it was not clear whether the discussions were still live.
Separately, Reuters reported Friday that Glencore approached Rio Tinto late last year about the possibility of combining their businesses, citing a source familiar with the matter. The talks, which were said to be brief, were thought to be no longer active, the news agency reported.
Rio Tinto and Glencore both declined to comment when contacted by CNBC.
A prospective merger between Rio Tinto, the world’s second-largest miner, and Glencore, one of world’s largest coal companies, would rank as the mining industry’s largest-ever deal.
Combined, the two firms would have a market value of approximately $150 billion, leapfrogging longstanding industry leader BHP, which is worth about $127 billion.
Analysts were broadly skeptical about the merits of a Rio Tinto-Glencore merger, pointing to limited synergies, Rio Tinto’s complex dual structure and strategic divergences over coal and corporate culture as factors that pose a challenge for concluding a deal.
“I think everyone’s a bit surprised,” Maxime Kogge, equity analyst at Oddo BHF, told CNBC via telephone.
“Honestly, they have limited overlapping assets. It’s only copper where there is really some synergies and opportunity to add assets to make a bigger group,” Kogge said.
Global mining giants have been mulling the benefits of mega-mergers to shore up their position in the energy transition, particularly with demand for metals such as copper expected to skyrocket over the coming years.
A highly conductive metal, copper is projected to face shortages due to its use in powering electric vehicles, wind turbines, solar panels and energy storage systems, among other applications.
Oddo BHF’s Kogge said it is currently “really tricky” for large mining firms to bring new projects online, citing Rio Tinto’s long-delayed and controversial Resolution copper mine in the U.S. as one example.
“It’s a very promising copper project, it could be one of the largest in the world, but it is fraught with issues and somehow acquiring another company is a way to really accelerate the expansion into copper,” Kogge said.
“For me, a deal is not so attractive,” he added. “It goes against what all these groups have previously tried to do.”
Last year, BHP made a $49 billion bid for smaller rival Anglo American, a proposal which ultimately failed due to issues with the deal’s structure.
Some analysts, including those at JPMorgan, expect another unsolicited offer for Anglo American to materialize in 2025.
M&A parlor games
Analysts led by Dominic O’Kane at JPMorgan said the bank’s “high conviction view” that 2025 would be defined by mergers and acquisitions (M&A), particularly among U.K.-listed miners and global copper companies, was coming to fruition just two weeks into the year.
The Wall Street bank said its own analysis of the mining sector found that the current economic and risk management environment meant M&A was likely preferred to the building of organic projects.
Analysts at JPMorgan predicted the latest speculation would soon thrust Anglo American back into the spotlight, “specifically the merits and probability of another combination proposal from BHP.”
Prior to pursuing Anglo American, BHP completed an acquisition of OZ Minerals in 2023, bolstering its copper and nickel portfolio.
The company logo adorns the side of the BHP gobal headquarters in Melbourne on February 21, 2023. – The Australian multinational, a leading producer of metallurgical coal, iron ore, nickel, copper and potash, said net profit slumped 32 percent year-on-year to 6.46 billion US dollars in the six months to December 31. (Photo by William WEST / AFP) (Photo by WILLIAM WEST/AFP via Getty Images)
William West | Afp | Getty Images
Analysts led by Ben Davis at RBC Capital Markets said it remains unclear whether talks between Rio Tinto and Glencore could result in a simple merger or require the breakup of certain parts of each company instead.
Regardless, they said the M&A parlor games that arose following merger talks between BHP and Anglo American will undoubtedly “start up again in earnest.”
“Despite Glencore once approaching Rio Tinto’s key shareholder Chinalco in July 2014 for a potential merger, it still comes as a surprise,” analysts at RBC Capital Markets said in a research note published Thursday.
BHP’s move to acquire Anglo American may have catalyzed talks between Rio Tinto and Glencore, the analysts said, with the former potentially looking to gain more copper exposure and the latter seeking an exit strategy for its large shareholders.
“We would not expect a straight merger to happen as we believe Rio shareholders would see it as favouring Glencore, but [it’s] possible there is a deal structure out there that could keep both sets of shareholders and management happy,” they added.
Copper, coal and culture
Analysts led by Wen Li at CreditSights said speculation over a Rio Tinto-Glencore merger raises questions about strategic alignment and corporate culture.
“Strategically, Rio Tinto might be interested in Glencore’s copper assets, aligning with its focus on sustainable, future-facing metals. Additionally, Glencore’s marketing business could offer synergies and expand Rio Tinto’s reach,” analysts at CreditSights said in a research note published Friday.
“However, Rio Tinto’s lack of interest in coal assets, due to recent divestments, suggests any merger would need careful structuring to avoid unwanted asset overlaps,” they added.
A mining truck carries a full load of coal at Glencore Plc operated Tweefontein coal mine on October 16, 2024 in Tweefontein, Mpumalanga Province, South Africa.
From a cultural perspective, analysts at CreditSights said Rio Tinto was known for its conservative approach and focus on stability, whereas Glencore had garnered a reputation for “constantly pushing the envelope in its operations.”
“This cultural divide might pose challenges in integration and decision-making if a merger were to proceed,” analysts at CreditSights said.
“If this materializes, it could have broader implications for mega deals in the metals [and] mining space, potentially putting BHP/Anglo American back in play,” they added.
GreenPower Motor Company says it’s received three orders for 11 of its BEAST electric Type D school buses for western state school districts in Arizona, California, and Oregon.
GreenPower hasn’t made the sort of headline-grabbing promises or big-money commitments that companies like Nikola and Lion Electric have, but while those companies are floundering GPM seems to be plugging away, taking orders where it can and actually delivering buses to schools. Late last year, the company scored 11 more orders for its flagship BEAST electric school bus.
As far as these latest orders go, the breakdown is:
seven to Los Banos Unified School District in Los Banos, California
two for the Hood River County School District in Hood River, Oregon
two for the Casa Grande Elementary School District in Casa Grande, Arizona
Those two BEAST electric school buses for Arizona will join another 90-passenger BEAST that was delivered to Phoenix Elementary School District #1, which operates 15 schools in the center of Phoenix, late last year.
“As school districts continue to make the change from NOx emitting diesel school buses to a cleaner, healthier means of transporting students, school district transportation departments are pursuing the gold standard of the industry – the GreenPower all-electric, purpose-built (BEAST) school buses,” said Paul Start, GreenPower’s Vice President of Sales, School Bus Group. “(The) GreenPower school bus order pipeline and production schedule are both at record levels with sales projections for (2025) set to eclipse the 2024 calendar year.”
GreenPower moved into an 80,000-square-foot production facility in South Charleston, West Virigina in August 2022, and delivered its first buses to that state the following year.
Electrek’s Take
Since the first horseless carriage companies started operating 100 years ago (give or take), at least 1,900 different companies have been formed in the US, producing over 3,000 brands of American automobiles. By the mid 1980s, that had distilled down to “the big 3.”
All of which is to say: don’t let the recent round of bankruptcies fool you – startups in the car and truck industry is business as usual, but some of these companies will stick around. If you’re wondering which ones, look to the ones that are making units, not promises.
While some recent high-profile bankruptcies have cast doubt on the EV startup space recently, medium-duty electric truck maker Harbinger got a shot of credibility this week with a massive $100 million Series B funding round co-led by Capricorn’s Technology Impact Fund.
It’s been a rough couple of weeks for fledgling EV brands like Lion Electric and Canoo, but box van builder Harbinger is bucking the trend, fueling its latest funding round with an order book of 4,690 vehicles that’s valued at nearly $500 million. Some of the company’s more notable customers including Bimbo Bakeries (which owns brands like Sara Lee, Thomas’, and Entenmann’s) and THOR Industries (Airstream, Jayco, Thor), which is also one of the investors in the Series B.
The company plans to use the funds to ramp up to higher-volume production capacity and deliver on existing orders, as well as build-out of the company’s sales, customer support, and service operations.
“Harbinger is entering a rapid growth phase where we are focused on scaling production of our customer-ready platform,” said John Harris, co-founder and CEO. “These funds catalyze significant revenue generation. We’ve developed a vehicle for a segment that is ripe for electrification, and there is a strong product/market fit that will help fuel our upward trajectory through 2025 and beyond.”
The company has raised $200 million since its inception in 2021.