FTX 2023.10.6……【Press】【U.S.】Welcome to Day Four
We’ve now reached the end of the first week of the trial. The (dwindling number of) reporters at the courthouse have started a sign-in sheet, after people cutting in line meant that some who arrived early weren’t able to get a spot in the actual room. We have no lunch break today and are ending around 2pm ET, partly to accommodate a juror who needed to reschedule a flight.
➤【美国】FTX加密货币交易所。
欢迎来到第四天
现在,审判的第一周已经结束。法院的记者(数量不断减少)已经开始签到,因为人们插队意味着一些提前到达的人无法在实际的房间里找到位置。我们今天没有午休,并在东部时间下午 2 点左右结束,部分原因是为了满足需要重新安排航班的陪审员的需要。
FTX CTO Gary Wang 今天早上又起床了;如果有时间,我们可能会听到 BlockFi 的 Zac Prince 或 Pinecone 的 Elan Dekel 的声音,但这周可能会以 Wang 的声音结束。到目前为止,卡普兰法官非常尊重陪审团的时间,我们今天不太可能迟到。
目前还不清楚其他合作证人、FTX 工程总监 Nishad Singh 和 Alameda Research 首席执行官 Caroline Ellison 何时出庭作证。
在上午的会议开始之前,让我们回顾一下前 FTX 开发人员、Bankman-Fried 的长期合伙人 Adam Yedidia 昨天的证词。
Yedidia 证实了 Bankman-Fried 和其他 FTX 员工在巴哈马群岛一个名为奥尔巴尼 (The Albany) 的豪华度假胜地居住的奢华条件。但更重要的是,他谈到了 FTX 与其兄弟公司 Alameda Research 之间界限的模糊,该公司促成了涉嫌欺诈的行为。
他描述了一种安排,即客户将资金存入 FTX 交易所,而他们并不知道,这些资金已被汇入 Alameda 控制下的银行账户。Yedidia 表示,之所以出现这种安排,是因为 FTX“在开设自己的银行账户时遇到了麻烦”,但导致 Alameda 实际上欠 FTX 客户高达 80 亿美元。
后来人们发现,阿拉米达并没有将这笔钱妥善保管,而是将这笔钱用于偿还贷款和用于各种其他目的。
在 Yedidia 之后,检方将 Matt Huang 带到了证人席上。Huang是加密货币投资公司 Paradigm 的创始人,该公司入股了 FTX。
Huang 谈到了潜在投资者据称被 Bankman-Fried 误导的关于 FTX 与 Alameda 之间关系的情况,而 Alameda 也是 FTX 交易所的客户。黄说,当 FTX 寻求投资时,Paradigm“被告知阿拉米达没有优惠待遇”。
但检方声称,实际上,阿拉米达被免除了各种旨在防止客户背负巨额债务的保护,从而增加了 FTX 的财务困境风险。这意味着班克曼-弗里德没有告知投资者可能引起担忧的某些安排,从而欺骗了投资者。
接下来是 FTX 联合创始人兼首席技术官 Gary Wang,如下图右所示,他的证词今天仍在继续。比赛结束前,王在看台上停留的时间并不长,而精彩的对峙很快就发生了:
检方: “您在 FTX 工作期间是否犯有金融犯罪?”
王: “是的。”
检方: “你犯了什么类型的罪行?”
王: “电汇欺诈、证券欺诈、商品欺诈。”
检方: “这些犯罪行为是你自己实施的还是与他人共同实施的?
王: “和其他人一起。”
检方: “你主要与哪些人一起犯下这些罪行?”
王: “萨姆·班克曼-弗里德、尼沙德·辛格和卡罗琳·埃里森。”
审判中反复出现的主题
在第一周,证人被问及一些与班克曼-弗里德指控相关的话题,这些话题可能不会立即显现出来。这是关于建立班克曼·弗里德的性格和动机。
信号和消息自动删除:检方强调,班克曼-弗里德指示员工通过 Signal 进行通信,Signal 是一款加密消息应用程序,允许在一段时间后自动删除消息。据推测,这意味着他知道自己有什么事情要隐瞒。但辩方表示,这种做法是“合理的”。
在传统金融中,几乎所有内部​​和外部通信都必须按照法律要求进行记录。但加密货币在很大程度上不受监管,同样的记录保存要求尚未适用。虽然像 FTX 这样的加密货币公司可能具有常规金融组织的特征,并处理类似类型的资产,但这并不是直接比较。
加密货币交易所和地理围栏:在对前 FTX 员工 Adam Yedidia 的盘问中,辩方指出 Bankman-Fried 为确保美国客户无法访问 FTX.com 平台而采取的措施,该平台提供风险较高的交易类型这需要在美国获得特殊许可证。
在此过程中,它将 Bankman-Fried 定位为 FTX 负责任的管理者,关注遵守法律的范围。但这也将班克曼-弗里德与其他陷入法律麻烦的加密货币人物进行了对比,例如币安首席执行官赵长鹏,其交易所被美国监管机构指控秘密帮助美国客户绕过地理限制。
在这次审判中,控方和辩方面临的一个主要挑战是如何使非常复杂和技术性的想法变得易于理解。昨天,陪审团得到了FTX CTO Gary Wang对于期货交易的解释:
“这是一份合约,你可以——你可以买它,或者如果你买——或者你可以卖空或卖它,卖空它,在某个未来——在某个特定的未来日期,取决于未来是什么,基于什么——例如,对于比特币期货,你会拥有——这将是比特币的未来,它将在未来的某个特定日期结算,在未来的那个时间,无论谁做空未来,谁都会支付无论比特币当天的价格是多少,都对未来充满期待。”
祝你好运,陪审员们。
针对 SBF 的指控
班克曼-弗里德面临着令人畏惧的十三项指控,其中七项将在本次审判中进行审理,这是两项审判中的第一项。
在七起事件中,大多数与 FTX 和 Alameda 涉嫌就两家公司之间关系的性质以及客户资金的使用向客户、贷方和投资者撒谎的方式有关:
●串谋对 FTX 客户实施电汇欺诈
●FTX 客户电汇诈骗
●串谋对 Alameda Research 的贷方实施电汇欺诈
●Alameda Research 的贷方电汇欺诈
●串谋对 FTX 客户进行与衍生品买卖相关的欺诈
●串谋对 FTX 投资者进行证券欺诈
●串谋洗钱
哥伦比亚大学法学教授丹尼尔·里奇曼 (Daniel Richman) 表示,在制定指控表时,政府采取了“薄弱取胜”的方法,仅包含确保定罪所需的最少量信息。他解释说,我们的目标是讲述一个“丰富而有质感的故事”,传达欺诈的严重程度,但又不会用技术细节压垮陪审团。“如果你不能用几句话解释为什么这一切基本上相当于敲诈勒索,那么你的审判就不会轻松,”他说。
正如我们在开场陈词中看到的那样,辩方将试图通过描绘更复杂的画面来破坏这种方法。它将讲述 FTX 的“流动性危机”、阿拉米达“做市”业务的复杂性以及不当抵押贷款的危险。辩方将辩称,这些细微差别对于了解班克曼-弗里德是否参与欺诈至关重要。
今天的会议全部由 Gary Wang 主持,对于首席技术官来说,这是迄今为止技术性最强的证词。
Wang的证词清楚地表明,Alameda在很多方面都受到了不同的待遇:其他拥有信用额度的公司无法从该平台退出,信用额度必须用于抵押品,但FTX却并非如此。随着时间的推移,阿拉米达的信贷额度从 100 万美元增加到 10 亿美元,最后达到 650 亿美元。其他获得信贷额度的公司仅获得数百万的金额。
检方还调取了声称 FTX 拥有 1 亿美元保险基金的推文。王说,这是不真实的,也不是真实的数字。当一个账户利用漏洞只提供少量抵押品但持有大量头寸时,SBF 会命令 Alameda 接管该账户,因为 FTX 的资产负债表比 Alameda 的资产负债表更公开。
Wang 表示,到 2022 年 9 月,彭博社即将发表一篇有关 FTX 和 Alameda 之间密切关系的文章,SBF 向他和 Singh(但不是 Ellison)发送了一份 Google 文档,其中包含关闭 Alameda 的论点。王声称他指出阿拉米达实际上无法关闭,因为无法偿还债务。
11月,公司申请破产后,王陪同SBF将剩余资产移交给巴哈马当局。王声称,SBF 告诉王不要理会法律指示,不要将资产移交给巴哈马当局。王补充说,班克曼-弗里德认为巴哈马当局似乎更友好,更有可能让他继续控制公司。
萨姆·班克曼-弗里德的第一周审判已经结束。法院周一因原住民日休庭。审判于周二上午继续进行。下一个证人?卡罗琳·埃里森。

Welcome to Day Four
We’ve now reached the end of the first week of the trial. The (dwindling number of) reporters at the courthouse have started a sign-in sheet, after people cutting in line meant that some who arrived early weren’t able to get a spot in the actual room. We have no lunch break today and are ending around 2pm ET, partly to accommodate a juror who needed to reschedule a flight.
FTX CTO Gary Wang is up again this morning; if there’s time, we may hear from BlockFi’s Zac Prince or Pinecone’s Elan Dekel but it’s possible the week will end with Wang. Judge Kaplan has been very respectful of the jury’s time so far and we’re unlikely to run late today.
There’s no word yet on when the other cooperating witnesses, FTX director of engineering Nishad Singh and Alameda Research CEO Caroline Ellison, will testify.

Before the morning session gets underway, let’s recap yesterday’s testimony from Adam Yedidia, an ex-FTX developer and long-time associate of Bankman-Fried.
Yedidia testified to the lavish conditions in which Bankman-Fried and other FTX employees lived, in a luxury resort in the Bahamas called The Albany. But more importantly, he spoke to the blurriness of the boundaries between FTX and its sibling company, Alameda Research, which served to enable the alleged fraud.
He described an arrangement whereby customers depositing funds onto the FTX exchange, unbeknownst to them, had been delivering money to a bank account under the control of Alameda. This arrangement arose because FTX “had trouble opening its own bank account,” said Yedidia, but resulted in a situation in which Alameda effectively owed up to $8 billion to FTX customers.
It would later become clear that, instead of holding onto it for safekeeping, Alameda had used the money to repay loans and for various other purposes.

After Yedidia, the prosecution brought Matt Huang to the stand. Huang is the founder of Paradigm, a crypto investment firm that took a stake in FTX.
Huang spoke to the ways prospective investors were allegedly misled by Bankman-Fried about the relationship between FTX and Alameda, which was also a customer of the FTX exchange. When FTX was pitching for investment Paradigm was “told that there was no preferential treatment for Alameda,” said Huang.
But in practice, the prosecution claims, Alameda was exempted from various protections designed to prevent customers from racking up large amounts of debt, increasing the risk of financial trouble at FTX. The implication is that Bankman-Fried defrauded investors by failing to inform them of certain arrangements that might have raised concern.
Next up was FTX co-founder and CTO Gary Wang, pictured in the sketch below, right, whose testimony continues today. Wang didn’t have long on the stand before the end of play and the standout exchange came early on:
Prosecution: “Did you commit financial crimes while working at FTX?”
Wang: “Yes.”
Prosecution: “What types of crimes did you commit?”
Wang: “Wire fraud, securities fraud, and commodities fraud.”
Prosecution: “Did you commit these crimes by yourself or with other people?
Wang: “With other people.”
Prosecution: “Who were the main people you committed these crimes with?”
Wang: “Sam Bankman-Fried, Nishad Singh, and Caroline Ellison.”

Gary Wang, cofounder and CTO of FTX, testified for the first time on Thursday, October 5.

The Trial’s Recurring Themes
In the first week, witnesses have been asked about a handful of topics whose relevance to the charges against Bankman-Fried might not immediately be apparent. It’s about establishing the character and motivations of Bankman-Fried.
Signal and message auto-deletion: The prosecution has emphasized that Bankman-Fried instructed staff to communicate over Signal, an encrypted messaging app that allows messages to be deleted automatically after a certain period. The implication, presumably, is that he knew he had something to hide. But the defense says that the approach was “reasonable.”
In traditional finance, practically all internal and external communications must be logged as a legal requirement. But crypto is largely unregulated and the same record-keeping requirements do not yet apply. While a crypto firm like FTX might have the trappings of a regular financial organization, and deal in similar kinds of assets, it’s not a straight comparison.
Crypto exchanges and geofencing: In its cross-examination of ex-FTX employee Adam Yedidia, the defense pointed to steps taken by Bankman-Fried to ensure US-based customers couldn’t access the FTX.com platform, which offered riskier types of trading that requires a special license in the US.
In doing so, it positioned Bankman-Fried as a responsible steward of FTX, concerned with remaining within the bounds of the law. But it also served to contrast Bankman-Fried with other crypto figures that have found themselves in legal trouble, like Changpeng Zhao, Binance CEO, whose exchange has been accused by US regulators of secretly helping US customers to bypass geo-restrictions.

A major challenge for both the prosecution and the defense during this trial will be to make very complex and technical ideas understandable. Yesterday, jurors got an explanation of futures trading from FTX CTO Gary Wang:
“It’s a—it’s a contract where you can either be—you can either buy it or if you buy—or you can short or sell it, short and at some future—at some particular future date, depending upon what future it is, based on what—so for example, for a Bitcoin future, you would have a—it would be a future on Bitcoin and it would settle at some particular date in the future, and at that future time, whoever shorts the future pays whoever is long on the future, whatever the price of Bitcoin is on that date.”
Good luck, jurors.

The Charges Against SBF
Bankman-Fried faces a daunting list of thirteen charges, seven of which will be heard at this, the first of two trials.
Of the seven, most relate to the ways FTX and Alameda allegedly lied to customers, lenders and investors about the nature of the relationship between the two companies and the use of customer funds:

  • Conspiracy to commit wire fraud on customers of FTX
  • Wire fraud on customers of FTX
  • Conspiracy to commit wire fraud on lenders to Alameda Research
  • Wire fraud on lenders to Alameda Research
  • Conspiracy to commit fraud on customers of FTX in connection with purchase and sale of derivatives
  • Conspiracy to commit securities fraud on investors in FTX
  • Conspiracy to commit money laundering

In building its charge sheet, says Daniel Richman, professor of law at Columbia University, the government has adopted a “thin to win” approach—including only the minimum amount of information necessary to secure a conviction. The goal, he explains, is to tell a “rich and textured story” that conveys the extent of the fraud, but without overwhelming the jury with technical details. “If you can’t explain in a couple of sentences why all this basically amounts to ripping people off, you’re not going to have an easy trial,” he says.
The defense, as we saw in opening statements, will try to undermine this approach by painting a more complex picture. It will spin a yarn about the “liquidity crisis” at FTX, the complexities of Alameda’s “market making” business and the perils of improperly collateralized loans. These nuances are essential to understanding whether Bankman-Fried has engaged in fraud, the defense will argue.

Today in Court
Today’s session was all Gary Wang and, fitting for a CTO, it was the most technical testimony yet.
Wang had already testified yesterday about the special privileges Alameda allegedly enjoyed, such as trading faster, the ability to have a negative account balance, and the $65 billion line of credit. The prosecution showed bits of code and spreadsheets to drive home how exactly this was apparently done.
Perhaps most damning was the revelation that director of engineering Nishad Singh had built the “allow negative balance” feature and enabled it for Alameda and Alameda only on July 31, 2019, the exact day that Bankman-Fried was tweeting that Alameda’s “account is just like everyone else’s.”
Wang then recounted overhearing a 2019 conversation in which an Alameda trader asked SBF about the borrowing privileges. Bankman-Fried allegedly said it was fine, as long as the amount that Alameda withdrew was less than FTX’s total revenue, which at the time was about $50 to $100 million. Soon, Alameda’s borrowing exceeded FTX’s revenue. Near the end of the year, Wang brought up these concerns to Bankman-Fried, who then asked if he was including the fact that Alameda owned a lot of FTT, FTX’s own tokens.

Wang’s testimony made clear that Alameda was treated differently in many ways: other companies with a line of credit couldn’t withdraw off the platform and the credit had to be used for collateral but this was not true for FTX. Over time, the line of credit extended to Alameda grew from $1 million to $1 billion to, finally, $65 billion. Other companies who received a line of credit were allowed amounts in the double-digit millions only.
The prosecution also pulled up tweets claiming that FTX had a $100 million insurance fund. This, Wang said, was untrue and not a real number. When an account exploited a loophole to post only a little collateral but hold large positions, SBF ordered that Alameda take on that account because FTX’s balance sheets were more public than Alameda’s.
By September 2022, Wang said a forthcoming Bloomberg article about the close relationship between FTX and Alameda had SBF sending him and Singh (but not Ellison) a Google Doc with arguments for shutting down Alameda. Wang claimed he pointed out that Alameda actually could not shut down because there was no way of repaying its debt.
In November, after the company filed for bankruptcy, Wang accompanied SBF to turn over remaining assets to the Bahamian authorities. SBF had told Wang to ignore legal instructions to not hand over the assets to the Bahamian authorities, Wang claims. Bankman-Fried thought that the authorities in the Bahamas seemed more friendly and were more likely to let him stay in control of the company, Wang added.

The first week of the trial of Sam Bankman-Fried has come to a close. The court is closed Monday for Indigenous Peoples’ Day. The trial resumes on Tuesday morning. The next witness? Caroline Ellison.
Thanks for reading.


Gary Wang, an FTX Founder, Says Sam Bankman-Fried Steered Misuse of Funds
Mr. Wang is one of three key witnesses who pleaded guilty and agreed to cooperate against Mr. Bankman-Fried, the onetime crypto mogul on trial for fraud.

Oct. 6, 2023
Updated 4:54 p.m. ET

Gary Wang, a former top executive of the failed FTX cryptocurrency exchange, testified that Sam Bankman-Fried, the company’s founder, was the final decision maker at the firm and directed a closely related hedge fund to misuse as it pleased billions of dollars in money from FTX customers.

Over more than six hours of testimony in federal court in Manhattan on Thursday and Friday, Mr. Wang said Mr. Bankman-Fried was fully aware that a sister cryptocurrency trading firm, Alameda Research, had siphoned off $8 billion in customer money from FTX. He said Mr. Bankman-Fried had lied in his public statements in November about FTX customer assets being safe and secure.

Mr. Bankman-Fried called the shots on big issues at FTX, Mr. Wang told the jury of nine women and three men. “In the end, it was Sam’s decision,” he said.

Mr. Wang, 30, who was also a founder of FTX and programmed its code base, is a crucial witness in Mr. Bankman-Fried’s high-profile criminal fraud trial. Mr. Wang is one of Mr. Bankman-Fried’s three close advisers who have pleaded guilty and agreed to cooperate against the entrepreneur, who has been charged with orchestrating a conspiracy to use as much as $10 billion of FTX customer money for all manner of personal projects.

The saga of FTX’s rise and fall has gripped the public for months with its mixture of corporate hubris and personal intrigue. Since the exchange collapsed in November, Mr. Bankman-Fried has become a symbol of the crypto industry’s excesses, and his trial is seen by some as a credibility test for the digital currency industry.

A run on deposits last year exposed an $8 billion hole in FTX’s accounts, which prosecutors allege stems in large part from “special privileges” that allowed Alameda to tap into FTX customer money. FTX filed for bankruptcy and Mr. Bankman-Fried was charged a month later with wire fraud, securities fraud, money laundering and related conspiracy charges. He has pleaded not guilty and faces what could amount to a life sentence if convicted.

Within weeks of FTX’s implosion, Mr. Wang, a friend of Mr. Bankman-Fried’s from high school math camp, pleaded guilty to aiding him in that conspiracy. Nishad Singh and Caroline Ellison, two other top executives in Mr. Bankman-Fried’s business empire, have also pleaded guilty and are cooperating with prosecutors.

Mr. Wang and Mr. Singh, who also programmed the code underlying FTX’s business, have admitted to creating a secret backdoor that allowed Alameda to borrow a virtually unlimited amount of money from the exchange. Prosecutors have argued that this backdoor was one of the primary engines of the scheme to pilfer customer accounts.

Mr. Bankman-Fried’s legal team has argued that FTX and Alameda had an appropriate business relationship and “were not set up to create some grand fraudulent scheme.”

In court on Thursday and Friday, Mr. Wang walked the jury through FTX’s early days in 2019 to its stunning collapse last year.

Mr. Wang said that he and Mr. Singh had written FTX’s computer code to grant Alameda special privileges at Mr. Bankman-Fried’s direction beginning in 2019. “He asked us to do it, and we told him we did it,” Mr. Wang said.

That effectively allowed the trading platform to make unlimited withdrawals from the exchange, he said. None of that was disclosed to customers, investors or lenders to the firms, he added.

“We gave special privileges to Alameda Research on FTX,” Mr. Wang said. “And we lied about this to the public.”

Alameda at first was allowed to take out only as much as FTX’s revenue from trading fees, which was about $300 million at the time, Mr. Wang said. But that credit line increased over time, growing to tens of billions of dollars, he said. Mr. Bankman-Fried said he had no issues with this, Mr. Wang said.

Since FTX imploded, Mr. Bankman-Fried has repeatedly said he was only vaguely aware of the amount that Alameda was borrowing from the exchange. But Mr. Wang testified that Mr. Bankman-Fried had Alameda’s balance visible on one of his computer screens at the office. Mr. Wang said that he, Mr. Bankman-Fried, Mr. Singh and Ms. Ellison discussed the money that Alameda owed at a meeting in June 2022.

At the end of the meeting in FTX’s office in the Bahamas, Mr. Wang said, Mr. Bankman-Fried turned to Ms. Ellison and told her she could use more customer funds to pay back Alameda’s creditors.

Under cross-examination, Mr. Wang said some special privileges that Alameda had were part of its role as a trading partner to enable FTX customers to freely buy and sell cryptocurrencies. He is scheduled to answer more questions from defense lawyers when the trial resumes on Tuesday.

Mr. Wang and Mr. Bankman-Fried were classmates at the Massachusetts Institute of Technology before founding FTX together in 2019.

Like Mr. Bankman-Fried, Mr. Wang became enormously rich, with an estimated net worth of nearly $5 billion. Within FTX, he and Mr. Bankman-Fried were regarded as opposites. While Mr. Bankman-Fried was the garrulous pitchman, Mr. Wang was the shy coder who showed up for work in the middle of the afternoon and labored through the night.

They were also close friends who lived together with eight other roommates in a luxury penthouse in the Bahamas, where FTX was based. That relationship ended in December when Mr. Wang pleaded guilty to federal fraud charges, saying he knew “what I was doing was wrong.”

Before Mr. Wang took the stand, lawyers questioned a witness who was one of Mr. Bankman-Fried’s M.I.T. classmates, Adam Yedidia. Mr. Yedidia, who worked as a developer at FTX, recounted a conversation he had with Mr. Bankman-Fried in mid-2022, months before FTX failed, in which the founder admitted that his firm was on shaky footing.

“Sam said something like, ‘We were bulletproof last year, but we’re not bulletproof this year,’” Mr. Yedidia said. He said Mr. Bankman-Fried explained that it could take six months to three years to make the company “bulletproof again.”

Mr. Yedidia was followed on the witness stand by Matt Huang, a founder of Paradigm, a venture capital firm that was one of FTX’s biggest backers. Mr. Huang said he would have had qualms about authorizing investments in FTX if he had known the full extent of the exchange’s relationship with Alameda.


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