WEBVTT - Judging Sam: The Hail Mary That Wasn’t

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<v Speaker 1>Pushkin. Welcome to Judging Sam, the trial of Sam Bankman Freed.

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<v Speaker 1>I'm Michael Lewis. We're recording this on Tuesday evening, Halloween,

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<v Speaker 1>October the thirty first, and we're finally in the home stretch.

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<v Speaker 1>The prosecution finished their cross examination of Sam today and

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<v Speaker 1>then the defense followed up with a redirect and then

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<v Speaker 1>everybody rested. Tomorrow we'll start closing arguments. Lydia Jean, you

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<v Speaker 1>waited outside the courthouse for nearly seven hours last night.

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<v Speaker 1>What was that like?

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<v Speaker 2>Honestly, I feel embarrassed that I did that, especially because

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<v Speaker 2>there was no need because people were arriving at six

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<v Speaker 2>am and able to get into the courthouse. Fine, but

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<v Speaker 2>I got scared from yesterday.

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<v Speaker 1>Well, the market turned right. It was so interesting to

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<v Speaker 1>hear people talk there this etiquette that nobody divulged what

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<v Speaker 1>time they got there because the night the night before,

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<v Speaker 1>because it is going to cause people to get there

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<v Speaker 1>even earlier the next day. Yeah. I've been this creep

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<v Speaker 1>to the point where two days ago the first guy

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<v Speaker 1>shows up at like eleven o'clock at night.

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<v Speaker 2>Yeah, I feel like I've done every hour I've done

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<v Speaker 2>at this point, I've done two. I've done three, I've

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<v Speaker 2>done four. I always thought I've never really considered part

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<v Speaker 2>of my day before.

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<v Speaker 1>So you got there, you said one in the morning

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<v Speaker 1>to fifteen. I think two fifteen. You got there to fifteen,

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<v Speaker 1>And how many people were ahead of you? Thirteen? But

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<v Speaker 1>at six in the morning you could still get a.

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<v Speaker 2>Spot in the cause twenty one people can usually get in,

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<v Speaker 2>and I think the twenty first person arrived at like

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<v Speaker 2>six thirty am.

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<v Speaker 1>So I was in the overflow room for the first

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<v Speaker 1>half of the day anyway, with people. I was surrounded

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<v Speaker 1>by people who'd foresworn in the morning line, so that

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<v Speaker 1>wasn't worth it and they didn't care anymore. It round sick. Yeah,

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<v Speaker 1>this is no way to lead a life. And there

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<v Speaker 1>was all that kind of stuff going on in the

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<v Speaker 1>in the overflow room, but there were I don't know

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<v Speaker 1>eighty people there, ninety people there, it was. There was

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<v Speaker 1>a crowd still, So give this a brief summary of

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<v Speaker 1>what happened today.

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<v Speaker 2>Yeah, So the prosecution finished questioning Sam, and I'd say

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<v Speaker 2>it wasn't too different from yesterday where he kept saying

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<v Speaker 2>that he didn't remember things. Then the defense did to redirect,

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<v Speaker 2>and then they rested, and then the prosecution decided not

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<v Speaker 2>to do a rebuttal.

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<v Speaker 1>And then what happened for the back end of the day.

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<v Speaker 2>Then there was it's called a charging conference, which is

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<v Speaker 2>when the lawyers and the judge talked about what instructions

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<v Speaker 2>the jury should get about each of about the charges,

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<v Speaker 2>so basically what they're supposed to consider when they're considering

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<v Speaker 2>Sam's case.

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<v Speaker 1>And did they finish with that?

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<v Speaker 2>They did, yes?

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<v Speaker 1>And what did they did you were you able to

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<v Speaker 1>hear what they were saying?

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<v Speaker 2>Basically, the judge is going to read to the jury

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<v Speaker 2>this sixty page document that explains every single charge and

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<v Speaker 2>how they need to think about that charge. And they

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<v Speaker 2>went through the sixty page document pretty much line by line,

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<v Speaker 2>and it was everything from fixing typo was like talking

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<v Speaker 2>about like whether a sentence should be in the subjunctive

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<v Speaker 2>or not, which they actually did disagree about, to more

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<v Speaker 2>substantial things as well.

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<v Speaker 1>So what did you sense was there were the bones

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<v Speaker 1>of contention between the defense and either the judge or

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<v Speaker 1>the prosecution.

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<v Speaker 2>It was pretty much what you would expect. For instance,

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<v Speaker 2>the prosecution wanted to have a clause that said conscious avoidance,

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<v Speaker 2>so basically the idea of purposefully not knowing something. If

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<v Speaker 2>you're purposefully not knowing, it doesn't make you not guilty

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<v Speaker 2>of the thing like.

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<v Speaker 1>Skipping the meeting where you're talking about the bug and

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<v Speaker 1>how to fix the bug exactly.

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<v Speaker 2>And then the defense said that they don't want conscious

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<v Speaker 2>avoidance to be one of the charges.

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<v Speaker 1>Gotcha, What did you make of Sam on the stand?

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<v Speaker 1>Did he seem that he had shifted his strategy at all? No?

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<v Speaker 2>I think it was still it was just a daze

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<v Speaker 2>of I don't remember, I don't remember, I don't remember.

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<v Speaker 1>Yeah, I ever seen anybody not remember so many memorable things?

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<v Speaker 2>Well, yeah, well that's because he had so much more

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<v Speaker 2>to lose by remembering, you know what I mean, Like

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<v Speaker 2>nothing that he would remember could actually help him that much,

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<v Speaker 2>and things that he said could actually hurt him. So

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<v Speaker 2>probably his lawyer said it was a safer strategy to

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<v Speaker 2>just say he doesn't remember, because that way he can't

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<v Speaker 2>get caught for lying on the stand, which could add

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<v Speaker 2>extra time.

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<v Speaker 1>Yeah, that part of it was kind of unsatisfying. I

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<v Speaker 1>thought that what did you think of the redirect? The

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<v Speaker 1>redirect to me is very satisfying because he finally will

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<v Speaker 1>talk and sort of explain stuff, and a lot of

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<v Speaker 1>what you know, and a lot of what he's explaining

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<v Speaker 1>makes sense. The frustration with the courtroom is neither side

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<v Speaker 1>is actually operating in the spirit of honesty. They're both

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<v Speaker 1>trying to make a case and so taking stuff out

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<v Speaker 1>of context and blowing stuff up and making it mean

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<v Speaker 1>something different than it actually meant back when it was happening,

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<v Speaker 1>and it was I find it kind of a relief

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<v Speaker 1>to let him go a little bit, let him explain.

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<v Speaker 1>Judging Sam will be right back. Welcome back to Judging Sam.

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<v Speaker 1>The trial of Sam Bangman freed.

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<v Speaker 2>You told me at lunch that you learned I think

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<v Speaker 2>you said you learned two things today.

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<v Speaker 1>Right, We're now at the end of the testimony, and

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<v Speaker 1>I have a long list of things that I'm surprised

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<v Speaker 1>I didn't learn more about. You know, I thought the

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<v Speaker 1>trial was going to clear some stuff up for me

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<v Speaker 1>that it did that. It just didn't today. You know,

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<v Speaker 1>one thing that was interesting to me. They gave us

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<v Speaker 1>a glimpse of a memo that Caroline had written to Sam.

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<v Speaker 1>And most of the random stuff was very very positive

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<v Speaker 1>stuff like oh, we made ten billion dollars this quarter

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<v Speaker 1>or on FTT or whatever it was. But they had.

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<v Speaker 1>It was. It was the moment they took the loss

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<v Speaker 1>for what was essentially a theft of the exchange. It

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<v Speaker 1>was a gaming of the risk engine using a couple

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<v Speaker 1>of obscure crypto tokens. I thought the loss from that

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<v Speaker 1>episode was six million, and she listed it at eight

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<v Speaker 1>hundred and fifty million, and that was you know, I've

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<v Speaker 1>been humbering for. There's still money that's not accounted for.

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<v Speaker 1>If you listen to the prosecution case from the point

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<v Speaker 1>of view of a jury who's sort of like only

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<v Speaker 1>half paying attention, you might come away with the belief that, oh,

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<v Speaker 1>Sam Bankman Freed stole eleven billion dollars in customer money

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<v Speaker 1>and spent it all. Kept using that term who you

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<v Speaker 1>spent it? You spent it, You spent Yes, you spent

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<v Speaker 1>very little of it. Most of it is either there

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<v Speaker 1>or invested in things that actually have some value, some

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<v Speaker 1>of some things that have some great value.

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<v Speaker 2>Because you know, in the judge's eyes, right, it's like

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<v Speaker 2>if you stole money and then you win the lottery,

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<v Speaker 2>you're luckily found it. It doesn't really impact that you

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<v Speaker 2>stole the money.

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<v Speaker 1>Yeah, but that's not what happened here. The bankruptcy. People

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<v Speaker 1>have collected seven point three billion dollars of liquid assets

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<v Speaker 1>that seem to have been stuffed in various exchanges and

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<v Speaker 1>bank accounts. And there was a bunch of liquid assets

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<v Speaker 1>still on hand when they collapsed, and he made a

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<v Speaker 1>big bunch of venture capital investments. And so I was

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<v Speaker 1>surprised I didn't find its way in. They still the

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<v Speaker 1>opportunity to call witnesses, for example, in the rebuttal, I

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<v Speaker 1>didn't know who to recall.

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<v Speaker 2>Yeah, and they said they were going to call some yesterday.

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<v Speaker 1>There were four or five characters. Five characters from the

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<v Speaker 1>book got principal characters in the book. And in particular,

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<v Speaker 1>I thought, you know, Ramnick Aurora was basically on a

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<v Speaker 1>plane to come here. He thought he was on he

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<v Speaker 1>thought he was on the witness stand. He thought he

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<v Speaker 1>had a date, I think at one point, and.

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<v Speaker 2>Romni Ga is one of He was a pretty high

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<v Speaker 2>up FTX person, race.

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<v Speaker 1>Very high up. I kind of half thought that a

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<v Speaker 1>couple of things from other things from the book were

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<v Speaker 1>going to make their way in via the prosecution. And

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<v Speaker 1>we found out that the book was apparently disallowed or something.

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<v Speaker 1>I got a note today that the Wall Street Journal

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<v Speaker 1>I guess it's in the transcripts reported that the defense

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<v Speaker 1>tried to introduce a passage from the book, and we're

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<v Speaker 1>told they couldn't do it.

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<v Speaker 2>Yeah, was doing a side panel, so we couldn't hear

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<v Speaker 2>it in quirt.

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<v Speaker 1>If you'd ask me what was going to be introduced

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<v Speaker 1>from the book? And I thought, how could it not be?

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<v Speaker 1>Sam telling me when I asked him what he would

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<v Speaker 1>have said if someone had directly, precisely asked him the question,

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<v Speaker 1>is Alameda subjected to the same risk engine as every

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<v Speaker 1>other trader on on FTX? And he says, I would

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<v Speaker 1>have made a word, Salid, or I would have or

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<v Speaker 1>I have found some way to answer a different question.

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<v Speaker 1>I just thought, wow, so damning that that would Yeah,

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<v Speaker 1>how did that and not find its way in? But

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<v Speaker 1>it didn't. It just shows you that, like telling a

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<v Speaker 1>story in a courtroom is different from telling the story

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<v Speaker 1>as you would as a as a writer.

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<v Speaker 2>What was it like to hear because moments that you

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<v Speaker 2>spent with Sam came up in court right Like they

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<v Speaker 2>asked him about when he took a private debt to

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<v Speaker 2>a Super Bowl game.

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<v Speaker 1>I remember that it was a private plane because I

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<v Speaker 1>was on the plane.

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<v Speaker 2>You don't not recall.

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<v Speaker 1>I don't not recall, and in fact I can. I

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<v Speaker 1>can give you blow by a blow of being on

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<v Speaker 1>the plane. Kind of. I mostly remember who was on

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<v Speaker 1>the plane. I remember conversations from the super Bowl. I mean,

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<v Speaker 1>I could kind of understand when he says, I don't

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<v Speaker 1>remember exactly what I said to this journalist or that journalist.

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<v Speaker 1>That I understand. You know, it's like one interview after

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<v Speaker 1>another you just forget. But stuff you do like that

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<v Speaker 1>seems stranger. Like he was asked if he had dinner

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<v Speaker 1>with Bill Clinton in the Prime Minister of the Bahamas,

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<v Speaker 1>and he kind of basically tried to say no, and

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<v Speaker 1>then he said he wasn't sure of Yeah, he said.

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<v Speaker 2>He didn't know if it was a dinner, but it

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<v Speaker 2>was an evening gathering.

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<v Speaker 1>It was during his crypto Bahamas thing last April. And

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<v Speaker 1>it was a moment because they showed a video of

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<v Speaker 1>them all together, and that was kind of a cool

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<v Speaker 1>moment because Clinton appointed Lewis Kaplan to the bench. I mean,

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<v Speaker 1>so scout Kaplan was seeing his benefactor up there on

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<v Speaker 1>the screen. But I did, you know, I did have

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<v Speaker 1>a thought about the prosecution's strategy of trying to make

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<v Speaker 1>the case that Sam was trying to basically bribe the

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<v Speaker 1>Prime Minister of the Bahamas.

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<v Speaker 2>Yeah, I wanted to bring that up with you because

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<v Speaker 2>they also mentioned that he said he was going to

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<v Speaker 2>pay off the national debt of the Bahamas, which is

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<v Speaker 2>also in your book, and.

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<v Speaker 1>I've never seen it anywhere else. That was so not

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<v Speaker 1>in the beginning, an attempt to bribe the Prime Minister

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<v Speaker 1>of the Bahamas. It was an idea that it was

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<v Speaker 1>one of the many bonkers ideas Sam had, including like

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<v Speaker 1>paying Trump five billion dollars not to run for president,

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<v Speaker 1>that he had immediately upon arrival in the Bahamas when

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<v Speaker 1>they first moved the company there days after, because he

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<v Speaker 1>was he was having trouble getting his whole company to

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<v Speaker 1>move from Hong Kong, and especially a lot of the

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<v Speaker 1>Chinese people staff said there's no place to put their

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<v Speaker 1>kids in school. The roads had botholes. You're complaining about the.

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<v Speaker 2>Country, and he was, so he was like, I'll fix

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<v Speaker 2>the country.

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<v Speaker 1>I'll fix the country. Yes, that's exactly what it was.

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<v Speaker 1>He thought. He didn't know what he was thinking. Maybe

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<v Speaker 1>I'll have to do this in order to attract the

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<v Speaker 1>ten to come work in the Bahamas. So that was

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<v Speaker 1>the original notion. But anyway, the thought I had about

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<v Speaker 1>that was, no matter what happens in this trial, and

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<v Speaker 1>it seems unlikely that anything's going to happen but a conviction,

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<v Speaker 1>they're supposed to be a second trial in March or

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<v Speaker 1>April with these other charges that the Bahamas government had

0:11:27.476 --> 0:11:30.716
<v Speaker 1>not agreed to, and that they have to agree to

0:11:31.036 --> 0:11:33.916
<v Speaker 1>allow them to proceed with the charges in order to

0:11:33.956 --> 0:11:37.196
<v Speaker 1>bring them to even have that trial. And it seemed

0:11:37.196 --> 0:11:40.476
<v Speaker 1>a strange strategy, indeed, to antagonize the Prime Minister of

0:11:40.476 --> 0:11:44.076
<v Speaker 1>the Bahamas before you're asking the Bahamas permission to do

0:11:44.116 --> 0:11:47.116
<v Speaker 1>this all over again. That surprised me a bit, but

0:11:47.196 --> 0:11:51.356
<v Speaker 1>it also made me wonder if the prosecutions basically decided

0:11:51.396 --> 0:11:53.036
<v Speaker 1>that they're going to win so big and Sam's going

0:11:53.076 --> 0:11:54.676
<v Speaker 1>to go away for so many years that there's never

0:11:54.676 --> 0:11:55.676
<v Speaker 1>going to be a second trial.

0:11:56.076 --> 0:11:57.796
<v Speaker 2>That's what I've That's kind of what I've assumed.

0:11:58.356 --> 0:12:01.036
<v Speaker 1>The second trial would be very interesting because a lot

0:12:01.036 --> 0:12:04.196
<v Speaker 1>of American politicians who will be implicated, and that that

0:12:04.556 --> 0:12:10.156
<v Speaker 1>could be a show. One of Sam's advisors suggested to

0:12:10.196 --> 0:12:14.916
<v Speaker 1>me a weird possibility that if Sam is convicted and

0:12:14.996 --> 0:12:20.356
<v Speaker 1>remanded to the Metropolitan Detention Center, awaiting sentencing from the judge.

0:12:20.836 --> 0:12:24.036
<v Speaker 1>That the judge could actually wait to sentence him for

0:12:24.876 --> 0:12:27.956
<v Speaker 1>you know, many many months and allow the second trial

0:12:27.996 --> 0:12:30.876
<v Speaker 1>to happen before he even sentenced him for the first.

0:12:32.556 --> 0:12:35.756
<v Speaker 2>Just actually, yeah, because sentencing can normally take a while.

0:12:36.236 --> 0:12:38.836
<v Speaker 1>Yeah, And so that is it's conceived. It's gonna be

0:12:38.876 --> 0:12:42.476
<v Speaker 1>up to captain. But it's conceivable that Katherlin could will

0:12:42.516 --> 0:12:45.156
<v Speaker 1>into being the second trial, which apparently would be in

0:12:45.196 --> 0:12:46.076
<v Speaker 1>his courtroom too.

0:12:46.516 --> 0:12:48.396
<v Speaker 2>Oh my god, really, we could all renate.

0:12:49.316 --> 0:12:53.076
<v Speaker 1>There are things that made an impression on me. The

0:12:53.116 --> 0:12:56.756
<v Speaker 1>cross examination over the two days. It surprised me that Sam,

0:12:56.796 --> 0:12:58.796
<v Speaker 1>if Sam was going to testify, and he did as

0:12:58.796 --> 0:13:01.516
<v Speaker 1>he did, if you're going to scheme up a hail Mary,

0:13:01.996 --> 0:13:04.436
<v Speaker 1>you've got to throw the pass. And I felt he

0:13:04.476 --> 0:13:07.396
<v Speaker 1>didn't throw the pass. I felt like that they're not answering,

0:13:07.476 --> 0:13:10.036
<v Speaker 1>kind of choking it off and not responding to the

0:13:10.036 --> 0:13:15.036
<v Speaker 1>prosecution made him look evasive to the jury, that his

0:13:15.156 --> 0:13:18.916
<v Speaker 1>one one hope was to be radically open. I thought,

0:13:19.676 --> 0:13:22.916
<v Speaker 1>but that might be just stupid. But I thought, if

0:13:22.956 --> 0:13:23.516
<v Speaker 1>you're going to if.

0:13:23.476 --> 0:13:26.276
<v Speaker 2>You're gonna go through, you're already in that world though

0:13:26.356 --> 0:13:27.676
<v Speaker 2>right of like, that's right.

0:13:27.556 --> 0:13:31.076
<v Speaker 1>That's right, that's that's right. The other thing is it's

0:13:31.196 --> 0:13:34.036
<v Speaker 1>started lurking in the background because it was it's like

0:13:34.316 --> 0:13:35.956
<v Speaker 1>a buzz in my head when I'm listening to the

0:13:35.956 --> 0:13:39.836
<v Speaker 1>prosecutors because their line, their insistent line, is you stole

0:13:39.916 --> 0:13:43.796
<v Speaker 1>the money, you stole the money. The sin, through my eyes,

0:13:44.196 --> 0:13:47.436
<v Speaker 1>is that he risks the money without permission. He borrowed

0:13:47.436 --> 0:13:50.036
<v Speaker 1>it and put it at risk without asking anybody's permission,

0:13:50.636 --> 0:13:55.076
<v Speaker 1>and he put people at risk without their consent, which

0:13:55.116 --> 0:13:58.036
<v Speaker 1>is something he does pretty naturally. He does it in

0:13:58.156 --> 0:14:03.116
<v Speaker 1>his romantic life, he does it in his relationship with

0:14:03.156 --> 0:14:05.996
<v Speaker 1>his employees. Some of the characters were particularly upset that

0:14:05.996 --> 0:14:07.636
<v Speaker 1>he put them in a position of lying for him.

0:14:07.916 --> 0:14:09.836
<v Speaker 1>I always felt like the way they were coming at

0:14:09.916 --> 0:14:13.716
<v Speaker 1>him wasn't capturing the spirit of the Yeah, I hear you.

0:14:13.756 --> 0:14:16.476
<v Speaker 2>I think so. Soon had one time where she said,

0:14:16.876 --> 0:14:19.236
<v Speaker 2>you know, would you say that you're someone who would

0:14:19.236 --> 0:14:23.276
<v Speaker 2>take a huge risk and risk a big loss or something? Right,

0:14:24.116 --> 0:14:26.036
<v Speaker 2>the one time she kind of got at it, and

0:14:26.076 --> 0:14:29.116
<v Speaker 2>when she said that that's something maybe like I actually

0:14:29.156 --> 0:14:33.996
<v Speaker 2>think maybe she does understand same makeman freed. Yeah, but

0:14:34.116 --> 0:14:38.436
<v Speaker 2>maybe the story of him as a gambler, isn't It's

0:14:38.436 --> 0:14:42.276
<v Speaker 2>a slightly more complicated story than just him as a thief, right, right,

0:14:42.396 --> 0:14:44.396
<v Speaker 2>You have a little bit more sympathy for a gambler

0:14:44.436 --> 0:14:47.276
<v Speaker 2>than a crook, right, And he was both, so she

0:14:47.316 --> 0:14:49.476
<v Speaker 2>could choose a story that worked best.

0:14:49.756 --> 0:14:54.276
<v Speaker 1>And while it's very hard for a person to contrive

0:14:54.996 --> 0:14:59.436
<v Speaker 1>a self defense after a simple theft, if I steal

0:14:59.476 --> 0:15:02.196
<v Speaker 1>your person run off with it, it's totally understandable what

0:15:02.276 --> 0:15:06.596
<v Speaker 1>I did. But if I put you at risk because

0:15:06.596 --> 0:15:07.956
<v Speaker 1>I've misjudged the risk.

0:15:07.836 --> 0:15:11.436
<v Speaker 2>And isn't that the gambler mindset, like being forever optimistic

0:15:11.516 --> 0:15:15.916
<v Speaker 2>and always believing in yourself and that it will work out,

0:15:15.956 --> 0:15:19.436
<v Speaker 2>which is why you can always continue to take risks well.

0:15:19.436 --> 0:15:23.876
<v Speaker 1>And the added twist being that it's conceivable that it

0:15:23.916 --> 0:15:28.836
<v Speaker 1>could work out, It could work after so that's even weirder, right,

0:15:28.956 --> 0:15:33.436
<v Speaker 1>So it's conceivable. The money is there and more because

0:15:33.636 --> 0:15:34.796
<v Speaker 1>this stake in anthropic.

0:15:34.916 --> 0:15:36.756
<v Speaker 2>But at the end of the day, like even if

0:15:36.796 --> 0:15:39.636
<v Speaker 2>you're a good gambler, doesn't it you know, doesn't it

0:15:39.676 --> 0:15:42.676
<v Speaker 2>always come does anyone just always win in the end?

0:15:42.796 --> 0:15:44.716
<v Speaker 2>Like it was always going to come crushing down?

0:15:45.276 --> 0:15:47.236
<v Speaker 1>Yeah, eventually, And the way this place was run, it

0:15:47.276 --> 0:15:49.876
<v Speaker 1>was chaos. Something was going to happen. Judging Sam will

0:15:49.876 --> 0:15:59.796
<v Speaker 1>be right back. So I have a question for you,

0:15:59.996 --> 0:16:02.756
<v Speaker 1>because maybe this isn't an odd thing about this trial,

0:16:02.756 --> 0:16:04.236
<v Speaker 1>but it seems like an odd thing to me about

0:16:04.236 --> 0:16:08.116
<v Speaker 1>this trial that a lot of the facts were agreed upon,

0:16:08.316 --> 0:16:10.396
<v Speaker 1>like the fact fact that the money was in the

0:16:10.436 --> 0:16:13.156
<v Speaker 1>wrong place from the start, and that the reason the

0:16:13.156 --> 0:16:15.476
<v Speaker 1>money was in the wrong place was this risk engine

0:16:15.556 --> 0:16:19.036
<v Speaker 1>exemption and this this FIAT at account where they were

0:16:19.076 --> 0:16:22.556
<v Speaker 1>taking deposits directly in Alameda rather than taking them into FTX.

0:16:23.236 --> 0:16:26.396
<v Speaker 1>When they find out that the money's not just in

0:16:26.436 --> 0:16:30.036
<v Speaker 1>the wrong place, but that it's at risk, So when

0:16:30.076 --> 0:16:34.436
<v Speaker 1>they know, and then what they do about what they know?

0:16:35.316 --> 0:16:37.316
<v Speaker 1>That was sort of what was at issue during this

0:16:37.356 --> 0:16:40.876
<v Speaker 1>whole trial, and the prosecutors never really go back before

0:16:40.996 --> 0:16:43.916
<v Speaker 1>May of last year in their in their argument.

0:16:43.596 --> 0:16:46.556
<v Speaker 2>About this right briefly but mostly are.

0:16:46.596 --> 0:16:49.676
<v Speaker 1>So my question is, having listened to this whole trial,

0:16:50.116 --> 0:16:54.476
<v Speaker 1>when do you think Sam Bankman Freed knew that this

0:16:54.556 --> 0:16:57.076
<v Speaker 1>huge sum of money was in the wrong place And

0:16:57.116 --> 0:16:58.916
<v Speaker 1>when did you think he was really worried it was

0:16:58.916 --> 0:16:59.156
<v Speaker 1>that right?

0:16:59.236 --> 0:17:01.436
<v Speaker 2>I don't think that mattered to him I.

0:17:01.356 --> 0:17:03.516
<v Speaker 1>Think that's true. It didn't even occur to him. It's

0:17:03.556 --> 0:17:05.956
<v Speaker 1>just a big post. Yeah, okay, so that's that's which

0:17:05.996 --> 0:17:08.316
<v Speaker 1>is so I agree with that. Then. So second and

0:17:08.356 --> 0:17:10.476
<v Speaker 1>the second part of this is when do you think

0:17:11.716 --> 0:17:16.756
<v Speaker 1>he was actually alarmed and being devious about it?

0:17:16.836 --> 0:17:19.556
<v Speaker 2>Okay? I think it's weird because in all of the

0:17:19.596 --> 0:17:25.796
<v Speaker 2>conversations that even Adam Yddia, Caroline Gary, and Nishad recount,

0:17:26.156 --> 0:17:28.756
<v Speaker 2>he's always acting a bit weird in those conversations, Like

0:17:28.796 --> 0:17:31.836
<v Speaker 2>even in their stories, he's not acting like a man

0:17:31.876 --> 0:17:35.996
<v Speaker 2>who's like, we're in a terrible situation. You know, even

0:17:36.036 --> 0:17:38.916
<v Speaker 2>in their stories he's kind of saying, but our nett

0:17:39.036 --> 0:17:43.036
<v Speaker 2>acid value is okay. Like he sounds always a little

0:17:43.076 --> 0:17:45.396
<v Speaker 2>bit worried, but no one ever describes him as panicked,

0:17:45.436 --> 0:17:48.276
<v Speaker 2>even you know, after everything has crashed, when he's talking

0:17:48.316 --> 0:17:51.836
<v Speaker 2>to can Sun about asking him for legal you know,

0:17:52.356 --> 0:17:53.876
<v Speaker 2>legal reason for why the money could be in the

0:17:53.876 --> 0:17:56.876
<v Speaker 2>wrong place, he doesn't even sound that worried. Right, His

0:17:57.036 --> 0:17:59.956
<v Speaker 2>reactions don't really ever seem to match what they you

0:18:00.036 --> 0:18:01.996
<v Speaker 2>think they should be, I guess, and all these stories

0:18:02.116 --> 0:18:03.956
<v Speaker 2>his reactions read odd to me.

0:18:04.516 --> 0:18:06.316
<v Speaker 1>Do you find him an interesting character? Still?

0:18:06.796 --> 0:18:09.396
<v Speaker 2>He just reminds me of like those guys at the

0:18:09.436 --> 0:18:11.396
<v Speaker 2>lunch table who are really good at math and science

0:18:12.716 --> 0:18:14.756
<v Speaker 2>talk forever and you're just like, none of this is

0:18:14.756 --> 0:18:19.996
<v Speaker 2>actually relevant to my life. And then but I wouldn't

0:18:19.996 --> 0:18:22.756
<v Speaker 2>say that. I feel like I completely understand him. And

0:18:22.796 --> 0:18:25.036
<v Speaker 2>maybe that is partly why I woke up at two

0:18:25.036 --> 0:18:28.276
<v Speaker 2>ten this morning and slept on, you know, a poncho

0:18:28.676 --> 0:18:32.796
<v Speaker 2>and my laptop is because I did want to see

0:18:32.836 --> 0:18:34.836
<v Speaker 2>him talk, because I was hoping that if I could

0:18:34.876 --> 0:18:38.716
<v Speaker 2>see him. I think I do understand him.

0:18:38.836 --> 0:18:40.996
<v Speaker 1>So, but you do feel imm elusive. You don't feel

0:18:41.036 --> 0:18:42.276
<v Speaker 1>like you completely understand it.

0:18:43.316 --> 0:18:46.116
<v Speaker 2>I think you're right. I think if I felt like

0:18:46.196 --> 0:18:48.996
<v Speaker 2>I could confidently say I understand him, I wouldn't have

0:18:49.076 --> 0:18:52.756
<v Speaker 2>been so keen on feeling like I had to see him.

0:18:53.916 --> 0:18:58.316
<v Speaker 1>The second question is does it surprise you now you've

0:18:58.356 --> 0:19:01.636
<v Speaker 1>heard this, all the evidence, you've heard all the testimony,

0:19:02.436 --> 0:19:06.276
<v Speaker 1>that no one identified the problem like that.

0:19:06.796 --> 0:19:09.916
<v Speaker 2>You know, people were worried about FTX and elom relationship,

0:19:09.956 --> 0:19:13.356
<v Speaker 2>but that no one was No one suggested that actually

0:19:13.396 --> 0:19:16.196
<v Speaker 2>Alameda was just taking and using ftx's money.

0:19:16.556 --> 0:19:19.076
<v Speaker 1>Yeah, I think there's a reason no one called uh

0:19:19.156 --> 0:19:21.836
<v Speaker 1>huh it didn't make It didn't make any sense. Like,

0:19:21.876 --> 0:19:23.996
<v Speaker 1>it wouldn't make a lot of sense for Alameda to,

0:19:24.956 --> 0:19:28.076
<v Speaker 1>I don't know, get preferential access to customers trading data

0:19:28.156 --> 0:19:32.716
<v Speaker 1>and do on FTX what high frequency traders do on

0:19:32.716 --> 0:19:36.396
<v Speaker 1>the New York stocky stage and it's legal there. That

0:19:36.396 --> 0:19:40.396
<v Speaker 1>would make a lot of sense. It was so dumb

0:19:40.516 --> 0:19:43.156
<v Speaker 1>for the all for these principles. His wealth was all

0:19:43.236 --> 0:19:46.756
<v Speaker 1>tied up in just the success of FTX. To allow

0:19:46.876 --> 0:19:50.516
<v Speaker 1>Alameda to do that, you don't guess it. It's not

0:19:50.596 --> 0:19:54.956
<v Speaker 1>an obvious crime to commit. The obvious thing to do

0:19:55.796 --> 0:19:59.036
<v Speaker 1>end of twenty nineteen, beginning twenty twenty, when FTX is

0:19:59.076 --> 0:20:04.476
<v Speaker 1>just exploding, like in a good way, is do everything

0:20:04.676 --> 0:20:09.836
<v Speaker 1>keep FTX safe. That's the obvious thing to do, and

0:20:10.716 --> 0:20:13.916
<v Speaker 1>like either get rid of Alameda or do this. Alameda

0:20:13.996 --> 0:20:16.476
<v Speaker 1>is is in the beginning very helpful. But when the

0:20:16.476 --> 0:20:19.436
<v Speaker 1>minute Alomed is not really necessary to make markets on FTX,

0:20:20.396 --> 0:20:26.236
<v Speaker 1>the minute it becomes unimportant there, you do everything to

0:20:26.276 --> 0:20:28.796
<v Speaker 1>distance it. You can get rid of it. You do

0:20:28.876 --> 0:20:31.076
<v Speaker 1>everything to preserve FTX because it's a source of such

0:20:31.236 --> 0:20:36.316
<v Speaker 1>vast wealth. You don't jeopardize it by making weird venture

0:20:36.316 --> 0:20:40.916
<v Speaker 1>capital investments with customers money in Alameda, it's just dumb.

0:20:41.476 --> 0:20:44.036
<v Speaker 2>Why that's I mean, I have been wondering why.

0:20:44.356 --> 0:20:47.596
<v Speaker 1>Actually, yeah, the trial, the trial has not asked answered

0:20:47.596 --> 0:20:50.156
<v Speaker 1>the question. Right the trial. I guess if you're a

0:20:50.236 --> 0:20:53.516
<v Speaker 1>juror and you're sitting there and you'd have to really

0:20:53.516 --> 0:20:55.396
<v Speaker 1>not be paying too close attention, you could, but you

0:20:55.476 --> 0:20:57.476
<v Speaker 1>might come away if you got to ask it at a

0:20:57.516 --> 0:21:00.196
<v Speaker 1>dinner party. Why did this guy do that? You might say, Oh,

0:21:00.196 --> 0:21:02.716
<v Speaker 1>he wanted to fly on private planes and hang out

0:21:02.716 --> 0:21:04.076
<v Speaker 1>with Tom Brady, or.

0:21:04.396 --> 0:21:06.516
<v Speaker 2>Name the stadium after his company. You have those sorts

0:21:06.556 --> 0:21:07.036
<v Speaker 2>of reasons.

0:21:07.196 --> 0:21:11.516
<v Speaker 1>Yeah, but he could have done anyway. He didn't need

0:21:12.036 --> 0:21:14.196
<v Speaker 1>he didn't need to do what he did in Alameda

0:21:14.276 --> 0:21:16.396
<v Speaker 1>to do all that other stuff. My answer is he

0:21:16.436 --> 0:21:21.316
<v Speaker 1>was going infinite. His ambition was so grandiose. Forty billion

0:21:21.396 --> 0:21:24.156
<v Speaker 1>wasn't enough. He needed hundreds and hundreds and hundreds of

0:21:24.156 --> 0:21:27.156
<v Speaker 1>billions to do the thing he thought he wanted to do.

0:21:27.876 --> 0:21:32.156
<v Speaker 1>And so he's he's playing it's all board game. Everything

0:21:32.156 --> 0:21:35.516
<v Speaker 1>in Sam Bangerfree's life is a game, but he's playing

0:21:35.596 --> 0:21:39.076
<v Speaker 1>the game with those kind of sums in mind. So

0:21:39.196 --> 0:21:42.476
<v Speaker 1>Alamed is that all of a sudden becomes relevant that

0:21:43.756 --> 0:21:47.116
<v Speaker 1>most people would have been incredibly satisfied. It would have

0:21:47.116 --> 0:21:51.156
<v Speaker 1>been like risk averse once they had a company that

0:21:51.196 --> 0:21:54.996
<v Speaker 1>was value of forty billion dollars, right, and that for

0:21:55.116 --> 0:21:57.316
<v Speaker 1>him it's just the anti It's just like the beginning

0:21:57.716 --> 0:22:00.796
<v Speaker 1>of the game. Anyway. So what's where we have to

0:22:00.796 --> 0:22:03.476
<v Speaker 1>look forward to. I'm going back home in the morning.

0:22:03.676 --> 0:22:06.436
<v Speaker 1>You're going to go into the courthouse. What happens tomorrow?

0:22:06.956 --> 0:22:10.676
<v Speaker 2>The prosecution will say they're clar argument, Then the defense

0:22:10.676 --> 0:22:12.876
<v Speaker 2>says they're closing argument. That's two to three hours each

0:22:13.316 --> 0:22:17.396
<v Speaker 2>and then the prosecution does like a forty five minute rebuttal.

0:22:17.436 --> 0:22:19.196
<v Speaker 2>They said it would take about forty five minutes to

0:22:19.276 --> 0:22:21.036
<v Speaker 2>the defense's closing arguments.

0:22:21.396 --> 0:22:23.236
<v Speaker 1>So the prosecution gets to go last.

0:22:23.356 --> 0:22:26.436
<v Speaker 2>The prosecution gets to go last, and so soon who

0:22:26.476 --> 0:22:28.836
<v Speaker 2>I think will be doing the last rebuttal. She actually

0:22:28.836 --> 0:22:31.356
<v Speaker 2>asked if she could get a podium without a monitor

0:22:31.436 --> 0:22:35.276
<v Speaker 2>and move it to face the jury, and Judge Couplan said, no,

0:22:35.476 --> 0:22:36.916
<v Speaker 2>there's a reason the podiums don't move.

0:22:40.596 --> 0:22:43.756
<v Speaker 1>You remember the Saturday Night Live skitt was shown Spicer

0:22:43.796 --> 0:22:46.716
<v Speaker 1>as the moving his podium around and ramming it into

0:22:46.756 --> 0:22:49.356
<v Speaker 1>the jury. I know, I know what that just that

0:22:49.516 --> 0:22:54.116
<v Speaker 1>just that just popped to mind, Daniel Daniel Sessen ramming

0:22:54.156 --> 0:22:55.796
<v Speaker 1>the podium into the jury until that.

0:22:55.956 --> 0:22:58.436
<v Speaker 2>I don't think that's true. I mean we were talking

0:22:58.436 --> 0:23:02.076
<v Speaker 2>about how so soon you know, to your if so

0:23:02.076 --> 0:23:04.036
<v Speaker 2>Soon told me I was guilty, I would, I would

0:23:04.036 --> 0:23:06.516
<v Speaker 2>believe it. I would apologize for everything I'd ever done

0:23:06.556 --> 0:23:07.196
<v Speaker 2>in my life.

0:23:07.756 --> 0:23:10.956
<v Speaker 1>All Right, So you have fun tomorrow. I'll be on

0:23:10.956 --> 0:23:13.756
<v Speaker 1>a plane tomorrow and I will talk again on Thursday.

0:23:14.196 --> 0:23:16.836
<v Speaker 2>Yes, I speak for myself and all the journalists to

0:23:16.876 --> 0:23:18.756
<v Speaker 2>say that we're gonna miss you, Well, I'll.

0:23:18.636 --> 0:23:26.236
<v Speaker 1>Miss you too. It's been fun. See ya hy. We'll

0:23:26.236 --> 0:23:28.836
<v Speaker 1>be back in your feed soon with more expert analysis

0:23:28.836 --> 0:23:32.196
<v Speaker 1>and news from Sam bankman Fried's trial. Thanks for listening.

0:23:34.436 --> 0:23:37.996
<v Speaker 1>This episode of Judging Sam was hosted by Me, Michael Lewis.

0:23:39.316 --> 0:23:42.636
<v Speaker 1>Lydia Gencott is our court reporter. Katherine Girardeau and Nisha

0:23:42.756 --> 0:23:46.636
<v Speaker 1>Venken produced this show. Sophie Crane is our editor. Our

0:23:46.716 --> 0:23:50.036
<v Speaker 1>music was composed by Matthias Bossi and John Evans of

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<v Speaker 1>stell Wagon Symphonette. Judging Sam is a production of Pushkin Industries.

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<v Speaker 1>Got a question or comment for me, There's a website

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<v Speaker 1>for that atr podcast dot com. That's atr podcast dot com.

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<v Speaker 1>To find more Pushkin podcasts, listen on the iHeartRadio app,

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<v Speaker 1>at pushkin dot fm, slash plus, or on our Apple

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