Here’s what happened today in Sam Bankman-Fried’s trial | CNN Business

Here’s what happened today in Sam Bankman-Fried’s trial

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On GPS: The wild rise and swift fall of Sam Bankman-Fried
4:49 • Source: CNN
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4:49

What we covered here

  • Court has adjourned for the day after former crypto billionaire Sam Bankman-Fried took the witness stand again in his criminal fraud trial.
  • Bankman-Fried has pleaded not guilty to seven counts of federal fraud and conspiracy related to the collapse of FTX and its sister trading house, Alameda Research, nearly a year ago.
  • His testimony has so far included a lot of vague answers and agitation, with variations of “I don’t recall” for most of his replies. 
  • If found guilty of all charges against him, the 31-year-old could spend the rest of his life in jail.
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Court has adjourned for the day

Court has ended for the day, and Bankman-Fried will be back Tuesday for more cross-examination.

His defense strategy against the government’s questioning has so far leaned heavily on his bad memory. 

A full day of cross-examination by prosecutors yielded a lot of vague and equivocal answers from Bankman-Fried, who appeared more agitated and occasionally annoyed on the stand than when his own lawyer questioned him. Variations on “I don’t recall” accounted for most of his replies. 

US Assistant Attorney Danielle Sassoon homed in on Bankman-Fried’s past public statements, attempting to show that he was misleading the public about the true nature of his companies’ financial ties. 

The entire trial is nearing the finish line, with closing arguments expected later in the week.

Sassoon is expected to wrap up her cross-examination on Tuesday, at which point the defense will redirect. 

SBF's answers remain ambiguous

FTX founder Sam Bankman-Fried is questioned during his fraud trial over the collapse of the bankrupt cryptocurrency exchange, at federal court in New York City today.

Assistant US Attorney Danielle Sassoon’s pointed cross-examination continued after a break for lunch, in the form of short rapid-fire questions about what Bankman-Fried knew as the head of FTX versus what he stated publicly to reporters and to members of Congress. 

Sassoon moved quickly from topic to topic, seeking to poke holes in testimony SBF offered under questioning from his lawyers. 

Sassoon: “You called the shots as CEO, didn’t you?”

SBF: “I called some of them.” 

Sassoon: “You think you’re a pretty smart guy?”

SBF: “In many ways, not all ways.” 

Armed with a litany of documents and audio clips from past interviews Bankman-Fried gave to the media, Sassoon sought to illustrate that FTX’s sister company Alameda Research was not subject to the same trading rules as other accounts on the FTX platform, and that Bankman-Fried hid that privilege from the public. 

Bankman-Fried has largely offered vague responses, often stating that he does not recall conversations or statements he made in the past. Judge Lewis Kaplan has at least twice interjected to instruct Bankman-Fried to simply answer yes or no and stop trying to infer Sassoon’s intentions.

“Sir, do you remember saying that in words or in substance?” Kaplan asked the defendant. 

After a pause, SBF replied: “Referring to some particular things and time periods, yes.” 

Bankman-Fried acknowledges that his hedge fund could withdraw billions from FTX

FTX founder Sam Bankman-Fried is questioned by prosecutor Danielle Sassoon during his fraud trial over the collapse of the bankrupt cryptocurrency exchange, before U.S. District Judge Lewis Kaplan at federal court in New York City, today.

US Assistant Attorney Danielle Sassoon called up multiple instances of Sam Bankman-Fried stating publicly that Alameda Research, FTX’s sister company that was also a customer on the FTX exchange, did not have special privileges and that the two firms operated independently of one another. 

Bankman-Fried repeatedly pushed back, stating that he didn’t recall what he told reporters in various interviews. Asked to answer “yes” or “no” Bankman-Fried equivocated and parsed the prosecutor’s wording. 

“Do you recall saying FTX and Alameda acted separately?” Sassoon asked. 

“I’m not sure about the exact phrasing,” he replied. 

Just before the court broke for lunch, Sassoon pressed Bankman-Fried on the issue of Alameda’s special treatment. 

Sassoon: “Do you deny that Alameda could withdraw billions of dollars from the FTX exchange using a line of credit without being subject to the auto liquidation protocol?” 

SBF: “That might be right.”

Sassoon: “You don’t deny it?”

SBF: “I don’t deny it, no.”

His testimony is set to resume at 1:45 pm ET after a lunch break. 

SBF quizzed about calling some customers "dumb m*therf**kers"

Bankman-Fried’s publicity tour after the collapse of his crypto empire is coming back to haunt him. 

US Assistant Attorney Danielle Sassoon noted Monday that SBF publicly advocated for crypto regulation, citing a tweet in which he wrote his support for regulation was “contingent on protecting customers.” 

“That was just for PR, wasn’t it?” Sassoon asked. 

“No.” Bankman-Fried replied. 

Sassoon then referenced an exchange SBF had with a reporter in which he said “f*ck regulators” and that his advocacy was “just PR.”

Another private conversation showed SBF calling some customers “dumb m*therf**kers.”

SBF pushed back on the question, saying that comment referred only to a “specific subset” of customers.

Sassoon presses SBF on how he promoted FTX

Sassoon is trying to undermine Sam Bankman-Fried’s testimony that he acted in good faith in how he spoke about FTX as safer and more transparent than other exchanges. 

She also alluded to Bankman-Fried’s skills as a storyteller who deftly persuaded investors and customers to funnel money into his company. Sassoon is referencing repeated instances of Bankman-Fried publicly touting FTX’s innovative technology and commitment to user safety. 

“You were pretty proud that FTX caught on so quickly?” Sassoon asked.

SBF replied: “Yeah, I was.”

Who's asking the tough questions?

Danielle Sassoon, assistant US Attorney for the Southern District of New York, exits court in New York, on October 5.

US Assistant Attorney Danielle Sassoon is leading the government’s cross-examination of FTX founder Sam Bankman-Fried. 

Sassoon was a law clerk to Justice Antonin Scalia, whom she said taught her “how to fire a pistol and a rifle, and made me feel like I had grit,” she wrote in 2016.

“He thickened my skin, which was the best preparation for a career in a male-dominated field.”

Sassoon received her law degree from Yale and has a bachelor’s degree in History and Literature from Harvard.

Cross-examination is set to begin

FTX founder Sam Bankman-Fried is questioned by defense lawyer Mark Cohen as he testifies in his fraud trial over the collapse of the bankrupt cryptocurrency exchange, before U.S. District Judge Lewis Kaplan at federal court in New York City, on October 30.

Lead defense attorney Mark Cohen has now finished his direct questioning of Sam Bankman-Fried.

The next few hours of the trial are expected to be contentious. In a hearing outside the presence of the jury last week, prosecutor Danielle Sassoon showed little patience with Bankman-Fried’s meandering answers. And while SBF appeared confident and calm on the stand with his own counsel questioning him, he appeared flustered and anxious under cross-examination. 

Cohen spent the last few minutes asking SBF about the days immediately after he stepped down as CEO. Bankman-Fried recounted how he tried to help the liquidation process along. He also commented on his many media appearances following FTX’s collapse. 

“I felt like it was the right thing for me to do,” he said of an interview he gave to George Stephanopoulos on Good Morning America. “I wanted to tell people, tell the world, what I knew.”

SBF explains notorious tweet that promised FTX was "fine" — before its value plunged from $10 billion to zero

SBF sought to explain a notorious tweet that has been central to the government’s argument that he lied to customers and investors about the state of his companies. 

The tweet — which said FTX and its assets were both “fine” — was accurate at the time he posted it on the morning of November 7, he told jurors. But as the market crashed further that evening and into the following morning, “we were risking a solvency crisis, SBF said.

A market downturn meant that assets associated with Alameda “declined massively in value,” SBF said Monday. The approximately 50% crash in Alameda’s assets drove the firm’s net asset value from around $10 billion to a little bit above zero, SBF testified. 

At that time, he said, he deleted his earlier tweet. 

The government’s first witness in the trial cited that tweet in recounting the reassurances from Bankman-Fried that led him to not withdraw his funds from the platform.

FTX daily withdrawal surged to $4 billion after tweet from crypto rival, Binance

Bankman-Fried spoke Monday about the days leading up to FTX’s bankruptcy filing on November 11 last year. 

On November 6, FTX saw about $1 billion of net withdrawals in response to a tweet from the CEO of FTX’s bigger rival, Binance. The pace of withdrawals then increased further.

The following day, FTX saw about $4 billion in net withdrawals, 100 times more than a typical day. 

“I was concerned,” Bankman-Fried testified. “It signaled a potential run on the bank and a risk of a liquidity crisis.”

SBF describes his goal of cleaning up FTX's "messy" accounting

SBF spoke Monday about his day-to-day involvement in FTX, saying he would spend as much as 12 hours a day overseeing more than a dozen projects. 

One “significant and long-running project” on his list was getting FTX’s accounting cleaned up, he said. He noted that it took “months” every year to get developers and the finance team aligned and that the accounting process was “messy.”

When asked how many hours he worked a week, he said: “22 a day, 23 a day, roughly.”

Ellison offered to resign after acknowledging Alameda was not sufficiently hedged

In this October 10 photo, Caroline Ellison, former chief executive officer of Alameda Research LLC, leaves Manhattan Federal Court after testifying during the trial of FTX CEO Sam Bankman-Fried, in New York City.

Sam Bankman-Fried on Monday recalled a conversation he had with Caroline Ellison, his ex-girlfriend and then-CEO of Alameda Research. He was worried, he said, that if the market decreased another 50% then Alameda would become insolvent.

“She started crying,” he said. “She agreed…that Alameda should have hedged.” He added that she “offered to step down,” which he said was her decision alone. 

According to SBF, the two agreed that the “focus should be urgently putting on the hedges” to prevent Alameda from going bankrupt. 

Ellison, who pleaded guilty in cooperation with the government, testified earlier that she wanted to quit but that Bankman-Fried told her she was “too important” to Alameda. 

SBF starts his second full day of testimony

Sam Bankman-Fried is back for his second day in front of the jury, dressed in a gray suit and lavender tie.

Judge Lewis Kaplan greeted the jury, telling them it is not clear that lawyers will finish their cases by Thursday afternoon, and said that if any of them would be “seriously inconvenienced” by sitting on Friday they should let him know in a note. Friday is currently scheduled as an off day for the trial. 

Lead defense counsel Mark Cohen is resuming his questioning of his client. 

Catch up on what's happened so far

In this June 15 photo, FTX founder Sam Bankman-Fried leaves Manhattan Federal Court after a court appearance in New York.

FTX founder Sam Bankman-Fried, 31, stands accused of orchestrating a multibillion-dollar fraud, in a seismic event that has left the crypto industry reeling.

He has maintained his innocence since his arrest last December and has sought to shift blame toward other players in his business empire, including lawyers for his now-bankrupt crypto exchange, as well as his former business partner and on-and-off ex-girlfriend, Caroline Ellison. 

Prosecutors have cast SBF as a Bernie Madoff-like mastermind who stole from FTX’s customers. They claim FTX “was built on lies,” and that SBF took money from customers to enrich himself and his family, buy luxury beachfront property in the Bahamas and funnel millions into US political campaigns.

Bankman-Fried’s lawyers argue that their client, like many entrepreneurs, was “building the plane as they were flying it” and that “it’s not a crime to be the CEO of a company that later files for bankruptcy.”

After a full day on the witness stand Friday, the disgraced former CEO faces another day of testimony Monday, including “a brief rebuttal case,” according to assistant US attorney Thane Rehn.

Rehn declined to identify the witness.

Here’s what we’ve learned so far from SBFs trial.

Bankman-Fried says he did not defraud anyone

In this courtroom sketch, judge Lewis Kaplan watches as FTX founder Sam Bankman-Fried testifies in his fraud trial over the collapse of the bankrupt cryptocurrency exchange, at federal court in New York City on October 27, 2023.

In testimony Friday, Sam Bankman-Fried’s lead defense attorney, Mark Cohen, asked: “What was your vision when you founded FTX?”

“We thought that we might be able to build the best product on the market” and “move the ecosystem forward,” Bankman-Fried answered.

“It turned out basically the opposite of that,” he added.

Cohen asked: “Did you defraud anyone?”

“No I did not,” SBF replied.

“Did you make any mistakes?” Cohen asked.

“I made a number of mistakes,” Bankman-Fried replied.

What prosecutors say

Sam Bankman-Fried watches as Assistant U.S. Attorney Thane Rehn makes his opening remark in Bankman-Fried's fraud trial over the collapse of FTX, the bankrupt cryptocurrency exchange, at Federal Court in New York City, on October 4.

In their opening statements to a newly sworn-in jury in Manhattan federal court on October 4, lawyers laid out previews of their cases, offering two divergent narratives for the collapse of Sam Bankman-Fried’s crypto empire. 

Assistant US Attorney Thane Rehn painted a picture of a villainous, greedy businessman whose boundless appetite for wealth and power led him to steal billions of dollars in customer funds.

“He had wealth, he had power, he had influence,” Rehn said. “But all of that — all of it — was built on lies.”

Rehn reiterated the government’s accusations that Bankman-Fried used his crypto exchange, FTX, as his own personal piggy bank, using the money he took from customers to enrich himself and his family, buy luxury beachfront property in the Bahamas and funnel millions into US political campaigns.

“This man,” Rehn said, pointing to Bankman-Fried a few feet away, “stole billions of dollars from thousands of people.” He repeatedly underscored a central argument: that Bankman-Fried stole, enlisted others to help him steal, lied about stealing, and continued to lie to try as he sought to cover up his crimes.

As Rehn spoke, Bankman-Fried, dressed in a suit and tie and flanked by his attorneys, trained his eyes on a laptop, expressing no reaction to the prosecutor’s allegations. But as his own lawyer, Mark Cohen, stepped up to speak, Bankman-Fried’s demeanor softened and his focus shifted to the jury box.

What SBF's lawyers say

Sam Bankman-Fried's defense lawyer Mark Cohen, arrives for the fraud trial over the collapse of the bankrupt cryptocurrency exchange, at Federal Court in New York City, on October 3.

“Sam didn’t defraud anyone,” lead defense attorney Mark Cohen told jurors, arguing that his client acted in good faith throughout the rise and fall of his startups.

“Sam was someone who worked very hard,” Cohen said, adding that SBF was “a math nerd who didn’t drink or party.”

As for the mistakes that led to FTX’s and Alameda’s undoing, Cohen argued that Bankman-Fried and his colleagues, like many entrepreneurs, were “building the plane as they were flying it.” But as the crypto industry flailed in 2022, they were about to fly into “a perfect storm.”

Cohen echoed some of the defenses Bankman-Fried has made over the past year, including that “things were moving quickly” and FTX didn’t have a fully built-out risk management team. 

“It’s not a crime to be the CEO of a company that later files for bankruptcy,” he said.

Cohen also sought to undermine the prosecution’s star witness, Caroline Ellison, Bankman-Fried’s ex-girlfriend and former CEO of Alameda. Cohen told the jury that despite Bankman-Fried’s directive to place hedges on Alameda’s risky positions, she failed to do so. Bankman-Fried himself complained in documents leaked to the New York Times that he believed Ellison wasn’t able to handle the job.

What SBF says

Judge Lewis Kaplan has expressed exasperation with some of Bankman-Fried’s meandering answers, noting at one point: “The witness has what I’ll simply call an interesting way of responding to questions.”

At one point Judge Kaplan interjected, urging SBF to “listen to the question, and answer the question directly.”

For example, when asked whether he thought Alameda was permitted to spend FTX customer deposits, Bankman-Fried replied: “I wouldn’t phrase it that way but I think the answer to the question I think you’re trying to ask is ‘yes.’”

When questioned by his own attorneys, Bankman-Fried appeared confident and upbeat. But he grew increasingly agitated when grilled by prosecutors and appeared to fidget more, nervously sipping water in between answering questions. 

In response to questions from Assistant US Attorney Danielle Sassoon, Bankman-Fried said, variously: “I am giving you my best guess at answering the question” and “I am going to answer what I think the question you are asking is, but I apologize if I’m answering the wrong question.”

This is where SBF goes after court each day

The Metropolitan Detention Center, (MDC) in Brooklyn, a United States federal administrative detention facility is pictured on July 6, 2020 in New York City. 

Bankman-Fried returns each day to the Metropolitan Detention Center in Brooklyn, where he’s been held since August.

The MDC is a far cry from Bankman-Fried’s Bahamas compound and from his parents’ leafy Palo Alto neighborhood where he’d been under house arrest since his arrest in December.

Located on the industrial waterfront of Brooklyn’s Sunset Park neighborhood, the MDC has earned a reputation as one of the worst jails in America. Politicians and activists have held the facility up as a testament to a crumbling criminal justice system. 

Bankman-Fried shares his space with some other high-profile detainees, including the former president of Honduras, who was indicted on cocaine trafficking charges last year, a person familiar with the matter told CNN.

Bankman-Fried is also “friendly” with Genaro García Luna, the former head of Mexico’s FBI, who is awaiting sentencing for drug trafficking, this person said. 

When his trial began earlier this month, observers quickly noted changes to Bankman-Fried’s appearance. He seemed to have lost weight and, most surprising, his trademark wild locks were gone, shorn into a tight crew haircut.

The haircut, the person confirmed, was courtesy of a fellow MDC resident.

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