WEBVTT - Second Week of Bankman-Fried Trial

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<v Speaker 1>The first week of Sam Bankman Freed's trial on charges

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<v Speaker 1>of orchestrating a year's long fraud and bilking investors and

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<v Speaker 1>customers out of billions of dollars offered critical insight into

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<v Speaker 1>the strategies of the prosecution and the defense In the

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<v Speaker 1>weeks ahead. Prosecutors emphasized allegations that Bankman Freed knew he

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<v Speaker 1>was committing fraud by stealing billions of dollars from customers

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<v Speaker 1>to help fund a grand lifestyle full of luxury real

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<v Speaker 1>estate purchases, celebrity hangouts, and massive political donations. The defense

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<v Speaker 1>painted a very different picture of Bankman Freed, arguing that

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<v Speaker 1>he was a hard working math nerd who simply got

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<v Speaker 1>caught up in a crypto market crash that took down

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<v Speaker 1>multiple startups. Three of the main witnesses against Bankman Freed

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<v Speaker 1>have pleaded guilty and are cooperating with the government, including

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<v Speaker 1>the government's star witness Caroline Ellison, a former girlfriend of

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<v Speaker 1>Sam Bankman Freed, and the former Alamated chief executive officer.

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<v Speaker 1>Joining me is Bloomberg legal reporter Ava Benny Morrison, who

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<v Speaker 1>was in the courtroom every day. Was the courtroom packed

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<v Speaker 1>every day? How much attention was this pase drawing.

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<v Speaker 2>The first week of their Sam Bateman free trial was

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<v Speaker 2>getting a lot of attention. There were journalists lining up

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<v Speaker 2>downstairs from about six am in the morning hoping to

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<v Speaker 2>get a seat in the courtroom. There were crypto bloggers, commentators,

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<v Speaker 2>podcast researchers. Even convicted criminal Martin Squarely turned up to

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<v Speaker 2>have a look and was giving his analysis on Twitter

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<v Speaker 2>about the case. So there was intense interest in what

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<v Speaker 2>was going on. It was difficult to get a seat

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<v Speaker 2>in the court. The judge only reserved a certain number

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<v Speaker 2>of seats for media. There was also an overflow room

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<v Speaker 2>with another forty to fifty journalists inside there. So it

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<v Speaker 2>was a very eventful first week.

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<v Speaker 1>Briefly, tell us about the prosecutions opening. Did they paint

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<v Speaker 1>this whole collapse of FTX as the fault of Sam

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<v Speaker 1>Bankman freed. Yes.

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<v Speaker 2>They pinned him up as the orchestrator of this multi

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<v Speaker 2>billion dollar fraud at FTX, painted him as a bit

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<v Speaker 2>of a criminal mastermind who made these executive decisions that

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<v Speaker 2>eventually led to ftx's and alimeter researchers downfall last year.

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<v Speaker 2>They said that he had power and wealth and influence,

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<v Speaker 2>but it was all built on wives. They accused him

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<v Speaker 2>of siphoning billions of dollars in FTX customer funds from

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<v Speaker 2>the exchange over years and pushing it into alimeter research.

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<v Speaker 2>From there, the funds were used allegedly for high risk trades,

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<v Speaker 2>to buy property in the Bahamas, where FTX was based,

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<v Speaker 2>and on political and charitable donations. The prosecutor alleged that

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<v Speaker 2>Statement Freed made those political donations to buy influence in Washington, DC.

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<v Speaker 2>It was quite a dramatic opening address from the assistant

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<v Speaker 2>US attorney. At one point he pointed his finger at

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<v Speaker 2>Bankment Freed. He was sitting between his two lawyers at

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<v Speaker 2>the defense table, and said, this man committed fraud, and

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<v Speaker 2>he has lied to the public and to customers as well.

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<v Speaker 1>And so how did the defense respond?

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<v Speaker 2>The defense's opening statement was a lot less dramatic in comparison.

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<v Speaker 2>Bankman Freed's defense attorney, Mark Cohen, spoke to the jury.

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<v Speaker 2>He was quite softly spoken, he was very measured, and

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<v Speaker 2>he spoke quite slowly. He said that the prosecution had

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<v Speaker 2>painted Sam as a villain, almost a cartoon villain, someone

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<v Speaker 2>who was the only person working at FTX. But Cohen

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<v Speaker 2>said that Sam trusted some of his gives and mentioned

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<v Speaker 2>Caroline Ellison. Caroline Ellison, as we know, was the chief

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<v Speaker 2>executive officer of Alameda Research, and she was also Sam's

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<v Speaker 2>ex girlfriend. She's a key witness in this case. Mark

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<v Speaker 2>Cohen said that Sam had approached Caroline in twenty twenty

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<v Speaker 2>two when he was worried about the impacts of market

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<v Speaker 2>volatility on Alometer Research and its physicians. He asked Caroline

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<v Speaker 2>to hedge against that market exposure. But according to Mark Cohen,

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<v Speaker 2>Caroline didn't do that, and that contributed to what ended

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<v Speaker 2>up being sort of the perfect storm that brought down

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<v Speaker 2>FTX and Alimeter. Mark also said that Sam wasn't this

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<v Speaker 2>criminal mastermind. He was a mass nerd who went to university,

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<v Speaker 2>didn't party, didn't drink, who worked really hard to build

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<v Speaker 2>up two multi billion dollar companies. Mark said that he

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<v Speaker 2>put everything that he had into trying to save those companies,

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<v Speaker 2>but obviously it was unsuccessful.

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<v Speaker 1>Did Sam bagman Fried look different from the way we've

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<v Speaker 1>seen him before.

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<v Speaker 2>His arrest, Yes, definitely. That was one of the things

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<v Speaker 2>that first struck me when he walked in the courtroom.

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<v Speaker 2>He looked a lot thinner than he has in the past.

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<v Speaker 2>Several months, and his trademark hair was no longer. It

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<v Speaker 2>was cut a lot shorter. You might remember he's always

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<v Speaker 2>had this very messy, curly head of hair. And the

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<v Speaker 2>weight loss, I guess has happened over the past several

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<v Speaker 2>weeks when he's been in the Metropolitan Detention Center in Brooklin.

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<v Speaker 2>His lawyers have complained that he's only been able to

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<v Speaker 2>eat peanut butter and bread and water because he's a

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<v Speaker 2>vegan and they don't have any meals that accommodate him.

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<v Speaker 2>In terms of his mannerism, he seemed pretty cool, calm

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<v Speaker 2>and collected. He engaged a lot with his lawyers. He

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<v Speaker 2>was keeping notes on his own laptop in a XL

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<v Speaker 2>spreadsheet and.

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<v Speaker 1>Tell us about the jury of nine women and three

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<v Speaker 1>men that were selected.

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<v Speaker 2>Most of them are in public service jobs worked for

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<v Speaker 2>the government, and there is a train conductor on the jury,

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<v Speaker 2>a retired corrections officer who used to work in a prison,

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<v Speaker 2>a special ed teacher, someone who works at a hospital.

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<v Speaker 2>So it was a real mix, but it was a

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<v Speaker 2>very long process to get there.

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<v Speaker 1>You heard from three witnesses the first week, and two

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<v Speaker 1>were former friends of Sam Bankman Freez.

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<v Speaker 2>That's right. Two of Sam's former friends testified, and I'd

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<v Speaker 2>say they were definitely the most interesting. The first one

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<v Speaker 2>was a man called Adam Ydidia. He was a developer

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<v Speaker 2>at FTX. He first met Sam at MIT and then

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<v Speaker 2>came to work for him a couple of years after graduating.

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<v Speaker 2>He said that he discovered Alameda had borrowed about eight

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<v Speaker 2>billion dollars from FTX, and he approached Sam about that

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<v Speaker 2>debt in about middle of twenty twenty two. They were

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<v Speaker 2>in the Bahamas at the time, and according to his testimony,

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<v Speaker 2>Sam told Adam, we were bulletproof last year, but we're

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<v Speaker 2>not bulletproof this year. Adam said he took that to

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<v Speaker 2>refer to the liability that Alameda had to FTX. He

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<v Speaker 2>said that Sam was a bit nervous and a bit

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<v Speaker 2>seemed to be concerned when they were having this conversation.

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<v Speaker 2>As well, then we heard from former FTX executive Gary Wong.

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<v Speaker 2>Gary also went to MIT with Sam, and he and

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<v Speaker 2>Sam actually started FTX together. He was a brilliant coder.

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<v Speaker 2>He was the chief technology officer at FTX. He was

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<v Speaker 2>in charge of fixing all the bugs and problems in

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<v Speaker 2>the code at all hours of the day or night.

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<v Speaker 2>He is one of the three key cooperating witnesses that

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<v Speaker 2>we were all really looking forward to hearing from. He

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<v Speaker 2>pleaded guilty to fraud last year in exchange for cooperating

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<v Speaker 2>against Sam. Bateman freed for the government, and Gary gave

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<v Speaker 2>a painstaking recollection of how he changed ftx's code, allegedly

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<v Speaker 2>at Sam's direction, to give Alameda a secret backdoor to

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<v Speaker 2>use customer funds whenever it wanted. He spoke about lifting

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<v Speaker 2>the limit for the amount of customer funds that Alameter

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<v Speaker 2>could borrow from one billion and then to eventually to

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<v Speaker 2>sixty five billion. One of the most interesting parts of

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<v Speaker 2>his testimony was the timing of this. He says that

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<v Speaker 2>he and another executive, Mischad Singh, actually changed his code

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<v Speaker 2>as far back as twenty nineteen, and that Alimeter Research

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<v Speaker 2>was tapping into customer funds for years essentially. He also

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<v Speaker 2>said that he knew Sam was lying when FTX was

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<v Speaker 2>in the middle of colapsing in November last year and

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<v Speaker 2>he was tweeting to the public that FtF is fine,

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<v Speaker 2>the assets are fined. Gary said that, you know, he

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<v Speaker 2>knew that this was a lie. He also said that

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<v Speaker 2>Sam wanted him to transfer whatever remained of ftx's assets

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<v Speaker 2>after for bankruptcy to regulators in the Bahamas because he

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<v Speaker 2>wanted to stall regulators in the US because he thought

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<v Speaker 2>the Bahamas would give him a better chance of remaining

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<v Speaker 2>in control of FTX.

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<v Speaker 1>So he was part for many years then of this fraud.

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<v Speaker 1>How did the defense handle the cross examination?

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<v Speaker 2>We didn't get too far down the road with cross examination.

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<v Speaker 2>We heard about maybe half an hour from defense attorney

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<v Speaker 2>Christian Evidell. He questioned Gary Wong a lot on those

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<v Speaker 2>secret privileges of special privileges that Alameda had on FTX.

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<v Speaker 2>He asked Gary whether these were really worth special privileges

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<v Speaker 2>or if it was just to give Alimeter the right

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<v Speaker 2>conditions for it to be act as a market maker

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<v Speaker 2>on FTX. So we didn't get too far in terms

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<v Speaker 2>of exploring what kind of strategy the defense is going

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<v Speaker 2>to take with Gary Wong, but we expect to hear

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<v Speaker 2>more of that on Tuesday.

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<v Speaker 1>So these two were good friends of Sam Bagman freed

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<v Speaker 1>for quite a while. Was their tension in the courtroom

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<v Speaker 1>when they took this down. Did they interact with him

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<v Speaker 1>in any way?

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<v Speaker 2>It was interesting when Adam Yadidia walked in the room.

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<v Speaker 2>On the second day of his testimony, there almost seemed

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<v Speaker 2>to be this sort of mutual acknowledgment between him and Sam.

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<v Speaker 2>There was sort of a slight nod before Adam kept

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<v Speaker 2>walking and took his seat on the witness stand. It

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<v Speaker 2>was almost like that they'd forgotten that they were in

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<v Speaker 2>a courtroom, and Sam was sort of in a fight

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<v Speaker 2>for his life to stay out of prison. With Gary,

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<v Speaker 2>it was the complete opposite. There was no real acknowledgment

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<v Speaker 2>between Gary and Sam Adam or when he walked in.

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<v Speaker 2>At one point, the federal prosecutor asked Gary to point

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<v Speaker 2>out Sam in the courtroom. Gary sort of looked over

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<v Speaker 2>the sea of lawyers in front of him trying to

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<v Speaker 2>find Sam, and found him and pointed him out very briefly.

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<v Speaker 2>But that was as far as the acknowledgment went.

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<v Speaker 1>How did the prosecution handle the fact that Gary had

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<v Speaker 1>made this deal with them to lessen his sentence.

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<v Speaker 2>From the get go? The prosecution asked Gary, did you

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<v Speaker 2>commit financial crimes, to which Gary answered yes. Who did

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<v Speaker 2>you commit them with? Gary answered Sam, Caroline Ellison, and

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<v Speaker 2>Mishad Singh. And then Gary explained that he had pleaded

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<v Speaker 2>guilty to broad offenses last year. I think the prosecutor

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<v Speaker 2>was very upfront with wanting to present that background to

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<v Speaker 2>the jury so they could judge his evidence on that

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<v Speaker 2>going forward. Towards the end of his direct examination, the

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<v Speaker 2>prosecutor also asked Gary, you know, why did he plead

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<v Speaker 2>guilty to crimes? Why did he agree to cooperate with

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<v Speaker 2>the government, And Gary said that one it felt like

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<v Speaker 2>the right thing to do, and two he wanted to

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<v Speaker 2>try and stay out of prison.

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<v Speaker 1>I know there was only part of the defense. The

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<v Speaker 1>defense has yet to finish its cross examination. But did

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<v Speaker 1>the defense get into that plea deal?

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<v Speaker 2>No, not yet.

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<v Speaker 1>So now, after Gary Wong gets off the stand, who's

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<v Speaker 1>the next witness?

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<v Speaker 2>We're going to hear from Gary Wang for a little

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<v Speaker 2>bit longer on Tuesday when the trial reconvenes, and then

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<v Speaker 2>we're going to hear from CAROLINEA. Elison. And this is

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<v Speaker 2>the witness that we've all been waiting to hear from

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<v Speaker 2>and waiting to see. No one has really seen her

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<v Speaker 2>since FTX collapsed in November, and then it emerged that

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<v Speaker 2>she was cooperating with federal prosecutors against Sambankment freed. She

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<v Speaker 2>wasn't meant to be immediately after Gary. There was going

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<v Speaker 2>to be two other witnesses, but the prosecutors indicated on

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<v Speaker 2>Friday afternoon in court that she would be called after

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<v Speaker 2>Gary was done. So we're really looking forward to hearing

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<v Speaker 2>what she has to say.

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<v Speaker 1>So we've discussed before Eva that the judge issued several

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<v Speaker 1>rulings before the trial that were detrimental to Sam Bankman

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<v Speaker 1>freed in throwing him back in jail. Has there been

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<v Speaker 1>any conflict or frustration between the judge and the defense

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<v Speaker 1>attorneys during the trial.

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<v Speaker 2>There has been some early frustrations between the judge and

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<v Speaker 2>the defense team. The judge seems to have become a

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<v Speaker 2>little bit annoyed of the defense when they've been asking

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<v Speaker 2>questions during cross examination of witnesses, saying to the defense attorneys,

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<v Speaker 2>we've already heard this before this came out in the

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<v Speaker 2>prosecutor's direct examination. You're being repetitive. The judges sustained a

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<v Speaker 2>lot of the prosecutor's objections, sometimes even saying sustained before

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<v Speaker 2>the prosecutors had a chance to stand up at the

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<v Speaker 2>bar table and explain what the grounds are for the

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<v Speaker 2>actual objection. You could tell that there was a little

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<v Speaker 2>bit of frustration on the behalf of the defense who

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<v Speaker 2>are trying to sort of redirect their line of questioning

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<v Speaker 2>in line with the judges' frustrations and guidance. I guess

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<v Speaker 2>on stopping on trying to stop repeating information that the

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<v Speaker 2>jury already knows about.

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<v Speaker 1>Thanks so much, Eva, I know you'll be back in

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<v Speaker 1>the courtroom tomorrow and we'll check in with you. That's

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<v Speaker 1>Bloomberg Legal Reporter Eva Benny Morrison, and that's it for

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<v Speaker 1>this edition of The Bloomberg Law Show. Remember you can

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<v Speaker 1>always get the latest legal news on our Bloomberg Law Podcast.

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<v Speaker 1>You can find them on Apple Podcasts, Spotify, and at

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<v Speaker 1>www dot Bloomberg dot com, slash podcast slash Law, and

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<v Speaker 1>remember to tune into The Bloomberg Law Show every weeknight

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<v Speaker 1>at ten pm Wall Street Time. I'm June Grosso and

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<v Speaker 1>you're listening to Bloomberg