On Background: Preparing for Sam Bankman-Fried's Trial
Sep 12, 2023
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Former CEO of now-bankrupt crypto firm FTX, Sam Bankman-Fried, charged with fraud and conspiracy. Michael Lewis speaks with former prosecutor, now defense attorney, Rebecca Mermelstein about the case against Bankman-Fried. They discuss prosecutors' strategy, potential sentence, and defense team's preparations for trial.
The defense team may advise Sam Bankman-Fried against testifying at trial due to the risks of presenting an alternative narrative that may not hold up against the government's case.
Considering a plea deal may be the most strategic option for Sam Bankman-Fried, as a potential conviction could result in a lengthy sentence and a plea agreement may offer a chance for a future outside of prison.
Deep dives
Summary of Podcast Episode: Going Infinite: The Rise and Fall of a New Tycoon
Michael Lewis introduces his upcoming book, Going Infinite: The Rise and Fall of a New Tycoon, which delves into the story of Sam Bankman-Freed and his crypto exchange FTX. Lewis shares some details about the book's title, release date, and the intriguing jacket copy. The book aims to uncover who Bankman-Freed is, what drove him, and the implications of his rise and fall for society at large.
Insights from a Former Prosecutor
Rebecca Mermelstein, a former prosecutor in the Southern District of New York, provides insights into the legal case against Sam Bankman-Freed. She discusses the speed at which the case progressed and the challenge of mounting a complex trial. Mermelstein emphasizes the benefits of being a cooperator in such cases and the difficulties of defending in the face of compelling evidence. She also highlights the importance of thoroughly understanding the charges and possible plea options.
Preparing for Trial
If Mermelstein were Bankman-Freed's defense lawyer, she would advise against testifying at trial. She explains the risks of presenting an alternative narrative that may not hold up against the government's case. She also highlights the importance of investigating the cooperators' background thoroughly, as attacking their credibility is a critical defense strategy. Mermelstein notes that considering a plea deal may be the most strategic option and discusses the potential implications of sentencing guidelines and judge discretion.
Sentencing and Potential Outcomes
Based on the gravity of the charges and the scale of the alleged fraud, a potential conviction for Sam Bankman-Freed could result in a lengthy sentence. Mermelstein mentions the case of Elizabeth Holmes as a comparable data point. She highlights the sentencing guidelines and the importance of accepting responsibility to potentially reduce a sentence. Mermelstein suggests that a plea agreement may be the best chance for Bankman-Freed to secure a future outside of prison.
The former CEO of now-bankrupt crypto firm FTX, Sam Bankman-Fried has been charged with fraud and conspiracy. His trial is supposed to begin in October. In the final episode of On Background, Michael Lewis speaks to former prosecutor Rebecca Mermelstein, now a defense attorney with O’Melveny and Myers, about how prosecutors are building the case against Bankman-Fried, and how his defense team can prepare him.
For our coverage of Sam Bankman-Fried’s trial, check back here soon!