Former FTX CEO faces 12 criminal charges
Rebeca Moen Feb 25, 2023 09:54
District Judge Lewis Kaplan released a 12-count superseding indictment against Sam Bankman-Fried.
The federal court who is presiding over the prosecution of the former chief executive officer of FTX, Sam Bankman-Fried, has given the order for a superseding indictment to be disclosed. This indictment contains 12 separate criminal offenses.
In a superseding indictment that was submitted to the United States District Court for the Southern District of New York on February 22, United States Attorney Damian Williams alleged that the actions of Bankman-Fried in the case involving FTX and Alameda warranted the filing of 12 charges against him. According to the indictment, they included eight accusations connected to conspiring to commit fraud, as well as four charges each for wire fraud and securities fraud.
The superseding indictment against Bankman-Fried mentioned an additional charge for conspiracy to commit bank fraud and broke down individual wire fraud charges related to his alleged actions at FTX and Alameda. The initial indictment against Bankman-Fried, which was announced on December 13, included eight similar charges. However, the superseding indictment included nine charges. At the time, prosecutors also listed conspiracy to commit commodities fraud in its charges, which appeared to be included in the superseding indictment related to the "purchase and sales of derivatives" at FTX. This charge was seemingly included in the indictment related to the "purchase and sales of derivatives."
The indictment states that Bankman-Fried engaged in fraudulent activity when he opened a bank account and tried to obtain user deposits: "[Bankman-Fried and others] falsely represented to a financial institution that the account would be used for trading and market making, even though he knew that the account would be used to receive and transmit customer funds in the operation of a cryptocurrency exchange, and thereafter, in connection with using the account for the receipt and transmission of customer funds in connection with the operation of a cryptocurrency
In connection to the claims of illegal political donations, the filing said that SBF and others made more than 300 contributions worth "tens of millions of dollars" by using "straw donors" or corporate funding. According to the allegations made by the United States Attorney, Bankman-Fried was able to "evade contribution restrictions on individual contributions" that were imposed by the Federal Election Commission. These limits are typically set at $100.
According to the document, "While personnel at Alameda usually monitored loans to executives, the transfers to Bankman-Fried in the months before the 2022 midterm elections were not documented on internal Alameda monitoring spreadsheets." "Instead, an internal Alameda spreadsheet indicated almost $100 million in political donations," despite the fact that FEC records show that Alameda did not make any political contributions for the 2022 midterm elections to candidates or political action committees (PACs).
Since a bail hearing in December, during which his mother and father agreed to put up the equity from their property as part of Bankman-$250-million Fried's bond, the former CEO of FTX has been primarily restricted to his parents' home in California. The hearing took place in California. Andreas Paepcke, a research scientist, and Larry Kramer, a former dean of Stanford University's law school, both signed on as sureties for Bankman-bail, Fried's which was set at $200,000 and $500,000, respectively.
While the criminal trial against Bankman-Fried is set to begin in October in federal court, the matter regarding FTX's bankruptcy is now being heard in the United States Bankruptcy Court for the District of Delaware. Caroline Ellison, the former CEO of Alameda Research, and Gary Wang, the co-founder of FTX, pleaded guilty as part of a plea agreement to allegations that were identical to those brought against SBF. Many industry analysts believe that they may provide evidence about SBF's case.
Image source: Shutterstock