Unchained

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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INSIGHT

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.
ADVICE

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.
INSIGHT

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.
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