The Guardian (USA)

‘He knew it was wrong’: Sam Bankman-Fried sentenced to 25 years in prison over FTX fraud

- Nick Robins-Early

Sam Bankman-Fried, the disgraced cryptocurr­ency mogul who perpetrate­d one of the largest financial frauds in history, has been sentenced to 25 yearsin prison and ordered to forfeit $11bn in assets. His lawyer reiterated a pledge to appeal the sentence the same day.

The judge, Lewis Kaplan, issued the penalty in a Manhattan courtroom on Thursday. Bankman-Fried, the former chief executive of the now-bankrupt cryptocurr­ency exchange FTX, was convicted of fraud and conspiracy to launder money late last year.

Bankman-Fried appeared in courtroom at around 9.40am, taking his seat in khaki prison garb with his hair grown back out to the messy style he was known for as crypto billionair­e. He gave little reaction as Kaplan read out his sentence.

During the sentencing, Kaplan described Bankman-Fried as a calculatin­g math genius who sought power and influence while knowingly committing wrongdoing. Although Bankman-Fried apologized for the fall of FTX, saying he “made a series of bad decisions”, Kaplan stated that there was “never a word of remorse” for his crimes.

“He knew it was wrong, he knew it was criminal,” Kaplan said.

The hearing began with Kaplan rejecting several of the defense’s arguments about sentencing guidelines, as well as stating that Bankman-Fried committed perjury numerous times during his testimony in the trial. Kaplan likened the defense’s claim that customers could be paid back to a situation where a thief takes his plunder to Las Vegas, then appeals for leniency if he can return with the winnings.

Before Kaplan read out his decision, Bankman-Fried, his defense attorney and the federal prosecutor all gave statements.

Bankman-Fried delivered a meandering apology of sorts, blaming the crisis at FTX on mismanagem­ent and saying that he was “sorry about what happened”. He praised his former employees and executives, including cofounder Gary Wang and his former girlfriend Caroline Ellison – both of whom testified against him in the trial. Bankman-Fried claimed that he wished he could help return customers funds, but acknowledg­ed he was no longer in a

position of power.

“My useful life is probably over,” Bankman-Fried said.

Marc Mukasey, the defense attorney for Bankman-Fried, attempted to paint the former crypto mogul as a sensitive and good-hearted person who made mistakes. He described Bankman-Fried as “an awkward math nerd” who loved animals, video games and “lives to give to others”. Mukasey also cited Bankman-Fried’s social awkwardnes­s and depression as reasons he is misunderst­ood, likening him to “a beautiful puzzle”.

“Sam Bankman-Fried doesn’t make decisions with malice in his heart. He makes decisions with math in his head,” Mukasey said.

Neither appeal seemed to hold sway with Kaplan, who stated that while he took into account that Bankman-Fried has autism and is socially awkward, he had committed a very serious crime.

Kaplan described Bankman-Fried as coming from “an exceptiona­lly privileged background”, referencin­g his law professor parents who were in the courtroom watching, and used his intellect to calculate the probabilit­y he could get away with his crimes.

Kaplan singled out BankmanFri­ed’s testimony during his criminal trial as evidence that the former billionair­e had no intent to take responsibi­lity for his crimes, saying that he was “evasive” and “hair-splitting” while lying about his conduct.

“Never seen a performanc­e quite like that,” Kaplan said, adding that he saw a risk that Bankman-Fried would commit more wrongdoing in future if he was able.

Prosecutor­s had sought a sentence of between 40 to 50 years, arguing that Bankman-Fried, 32, showed a lack of remorse for his crimes while leading a life of “unmatched greed and hubris”. In a statement after the sentencing, federal prosecutor Damian Williams said Bankman-Fried’s sentence sent “an important message” and would “prevent the defendant from ever again committing fraud”.

In pre-sentencing arguments filed last month, Bankman-Fried’s lawyer urged the judge to show leniency, and said the maximum potential sentence for his client of 100 years was “grotesque”. Bankman-Fried’s attorneys were seeking a sentence of about seven years in jail.

Kaplan recommende­d that Bankman-Fried be sent to a medium- or lowsecurit­y prison facility in the Bay Area, to allow for family visitation­s.

Bankman-Fried’s fall from crypto mogul to pariah

Only two years ago, Bankman-Fried was poised to become one of the most financiall­y and politicall­y influentia­l people in the US. His firm FTX was valued at $32bn, and he had become the public face of the cryptocurr­ency industry, appearing on stage at events with celebritie­s and former world leaders and testifying before the US Congress. He was a major political donor, pouring money into election campaigns while lobbying lawmakers on crypto regulation.

The descent from crypto golden boy to global pariah happened swiftly. After reports emerged in November 2022 revealing the financial instabilit­y of Bankman-Fried’s companies, there was a domino effect on those businesses that included customers making a bank-style run on deposits and investigat­ors freezing FTX assets. FTX declared bankruptcy just nine days after crypto news site Coindesk’s initial report, and Bankman-Fried’s personal net worth fell by billions of dollars.

He was arrested weeks later in the Bahamas, where he and other FTX executives lived and parts of his company were based.

Bankman-Fried’s highly anticipate­d trial began in October, with prosecutor­s alleging he misappropr­iated customer funds while enriching himself and buying up lavish real estate. Once known for unkempt hair and wearing casual clothes at all occasions, Bankman-Fried appeared with a new haircut and suit as he stood trial. In an unusual and ultimately disastrous move, he decided to take the stand in his own defense — leading to a damaging crossexami­nation where he failed to recall events and appeared to contradict himself.

Many of Bankman-Fried’s top executives and closest allies, including his on-again, off-again girlfriend Caroline Ellison, all testified against him during the trial. Ellison, the former chief executive of FTX’s trading arm Alameda Research, told the court that Bankman-Fried directed her to commit fraud and use FTX customer funds without their knowledge.

The jury in Bankman-Fried’s trial found him guilty on all seven counts of fraud and conspiracy after just four hours of deliberati­on. Bankman-Fried has maintained that he is innocent.

 ?? Photograph: Jane Rosenberg/Reuters ?? Sam Bankman-Fried stands before US district judge Lewis Kaplan as he is sentenced to 25 years in prison in New York on 28 March 2024.
Photograph: Jane Rosenberg/Reuters Sam Bankman-Fried stands before US district judge Lewis Kaplan as he is sentenced to 25 years in prison in New York on 28 March 2024.

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