

A 20+ Year Sentence? Why the Evidence Against SBF Was Too Hard to Overcome - Ep. 566
Nov 7, 2023
Sam Enzer, a partner at Cahill Gordon & Reindel and defense lawyer for Sam Bankman-Fried, joins former prosecutor Rich Cooper to dissect the Sam Bankman-Fried trial. They dive into the effectiveness of the government's case, highlighting the impact of cross-examination on the jury's decision. Enzer explains why SBF’s controversial tweet posed a challenge for the defense. They also discuss the implications of ‘conscious avoidance’ and ponder the complexities surrounding the sentencing timeline. Will SBF face more charges? Tune in for their insights!
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Cross-Examination Effectiveness
- SBF's detailed recall during direct examination contrasted sharply with his sudden inability to remember during cross-examination.
- Jurors recognize "I don't recall" as a potential indicator of deception.
Preemptive Addressing of Weaknesses
- Anticipate major weaknesses in your case and address them directly during the initial presentation.
- Diffuse potential attacks by incorporating difficult topics into your narrative.
False Exculpatory Statement
- The defense attempted to introduce a self-serving statement by SBF from Michael Lewis's book, claiming lack of criminal intent.
- The prosecution objected, citing hearsay rules, arguing the statement was false and inadmissible.