UNCHAINED: A 20+ Year Sentence? Why the Evidence Against SBF Was Too Hard to Overcome
CoinDesk Podcast Network
The Significance of Conscious Avoidance in the Case
This chapter explores the legal concept of conscious avoidance and its implications in the case, discussing how it can establish knowledge and lead to a conviction, even without direct evidence.
A defense lawyer and a former prosecutor discuss what SBF’s likely sentence will be, the defense’s hope for an appeal, and whether the government will pursue the second trial.
In this episode of Unchained, Laura does a detailed unpacking of the historic Sam Bankman-Fried trial and verdict with defense lawyer Sam Enzer and former Southern District of New York prosecutor Rich Cooper. They discuss what a thorough job the government did in presenting its case, whether the government will pursue a second trial on campaign finance charges, why it takes so long for sentencing to occur, what the differences between this case and the Bernie Madoff case are, and what Bankman-Fried’s likely sentence will be.
Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.
Show highlights |
- How the cross-examination of SBF showed to the jury that he was unreliable, according to Rich
- Why the charge conference with the jury is important to the prosecution for “protecting the record”
- Why the closing argument of the prosecutors was so effective
- What “conscious avoidance” is and how the prosecutors tried to prove that SBF was guilty of that
- Why SBF’s tweet last November that "FTX is fine" was the hardest part of the trial for the defense, according to Enzer
- Why Enzer wasn’t surprised by how quickly the jury made its decision
- What SBF’s strongest argument is for an appeal
- Why Enzer "hopes" that there won't be a second trial against SBF and whether he will plead guilty to the additional charges
- Why the sentencing occurs so many months after the verdict
- How this case is similar, but also different, from the Bernie Madoff case
- How many years SBF could spend in prison, according to Enzer and Cooper
- When cooperating witnesses such as Caroline Ellison, Nishad Singh, and Gary Wang are likely to get sentenced
Thank you to our sponsors! Crypto.com | LayerZero | Popcorn Network
Guests |
Sam Enzer, partner at Cahill Gordon & Reindel.
Previous appearances on Unchained:
Why SBF's Testimony So Far Has Likely Already Doomed Him
Another Bad Week for Sam Bankman-Fried in His Criminal Trial
Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify
SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case
SBF’s Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?
Rich Cooper, Former SDNY prosecutor
Links |
Previous coverage by Unchained on the trial of Sam Bankman-Fried:
How Heated Sidebars During the SBF Trial Could Impact the Jury’s Decision
SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF’s Family
SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact
SBF Trial, Day 4: SBF’s Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda’s Special Privileges
Sam Bankman-Fried Trial: Here's Everything That Happened So Far
SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison?
SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life'
SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness?
SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges
SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big Spender
SBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's Testimony
SBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion Hole
SBF Trial, Day 12: Former FTX General Counsel Speaks Out Against SBF
SBF Trial, Day 13: Before Judge, Former FTX CEO Sam Bankman-Fried Gives Few Straight Answers
SBF Trial, Day 14: Sam Bankman-Fried Casts Blame on Others for Key Decisions at FTX
SBF Trial, Day 15: Prosecutors Hammer Bankman-Fried’s Contradictions With Reams of Evidence
SBF Trial, Day 16: In Final Cross Examination, SBF Gets Caught Again by His Own Words
SBF Trial, Day 17: Closing Arguments Ask: ‘Villain or Good-Faith Actor?’
SBF Trial, Day 18: Sam Bankman-Fried Found Guilty on All 7 Counts in Swift Verdict
Did Sam Bankman-Fried Have Intent to Defraud FTX Investors?
Katie Haun’s thoughts on the sentencing
Protos: Sam Bankman-Fried caught deleting more tweets that aged like milk
Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz.
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