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Government The Courts Bitcoin

Forbes Publishes Transcript of SBF's Planned Testimony (forbes.com) 84

Longtime Slashdot reader UnanimousCoward writes: Forbes has published a transcript of SBF's planned testimony as well as a synopsis which, of course, will not happen now. At no point does he admit fraudulent behavior and does not address the (multi-)billion dollar loans that helped contribute to the flywheel Ponzi scheme. FTX founder Sam Bankman-Fried was arrested yesterday by the Royal Bahamas Police Force. He was set to testify virtually before the House Financial Services Committee about the exchange's collapse on Tuesday (today).

Here are the key takeaways from SBF's draft testimony, as highlighted by Forbes: - Bankman-Fried is being ghosted by FTX's court-appointed CEO John Ray.
- Bankman-Fried says that FTX.US general counsel and former Sullivan & Cromwell partner, Ryne Miller, put intense pressure on Bankman-Fried and others to rush into filing for Chapter 11.
- Bankman-Fried believes that John Ray and law firms managing the bankruptcy, including Sullivan and Cromwell, are dusting off the Enron playbook in an effort to reap enormous fees from FTX's bankruptcy.
- The Chapter 11 team is not playing nice with foreign regulators.
- Bankman-Fried thinks that John Ray and the U.S. Bankruptcy Court is bullying the Bahamian government and overstepping its rights as the main domicile for FTX International.
- Bankman-Fried devotes seven pages to a section he calls "Misstatements," detailing instances where John Ray and team are disseminating false and inaccurate information about the companies he created.
- FTX did not have a risk management team.
- Bankman-Fried claims that there are signed Letters of Intent (LOIs) from prospective investors that could recapitalize the exchange.
- Binance CEO Changpeng Zhao orchestrated a negative public relations campaign to bring down FTX.
- Having eliminated FTX as its largest global competitor, Binance is now averaging approximately 70% of global cryptocurrency volume.
- Bankman-Fried wants to set the record straight on false reports of hard partying at FTX and on his own drug usage. He says he has never been drunk in his life, and has been on an antidepressant for the last decade.

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Forbes Publishes Transcript of SBF's Planned Testimony

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  • Summary: (Score:5, Informative)

    by skogs ( 628589 ) on Tuesday December 13, 2022 @09:18PM (#63128862) Journal

    Not my fault. I blame everybody else.

    • Predictions are hard. Especially when it is about the future.
    • by Luckyo ( 1726890 )

      Also, they're bullying me!

    • Not my fault. I blame everybody else.

      Literally not at all what he said or implied. But I'm sure that made up story in your head you're replying to makes for some interesting reading.

    • Re: (Score:2, Insightful)

      by drinkypoo ( 153816 )

      He would likely be at fault even if all this other stuff is true, but some of the other stuff he's claiming would still be illegal actions by parties not himself.

      I'm not saying I believe any of it, I haven't looked into it at all, I'm just saying that I can easily believe that there are other malicious parties who may be partly responsible. It's hard to believe this dildo could have accomplished all this fuckery alone.

      • I think he's been clever here. Testimony is under penalty of perjury, but this is NOT his testimony... it's a claim of what he would have said.

        So lies in this document will largely be presumed to be true, because of the presumption that this is what he would have said under oath.

        But he didn't.

  • Pick your acronym subjects with a little more discrimination, my bros.
  • I heard some conspiracy theories here yesterday that it was mighty convenient that SBF was arrested right before his testimony to Congress. Presumably he was going to name names. And now that he has been arrested, he can no longer do that. He has forever been shut up. Some powerful people do not want him to speak.

    Maybe the transcript of his planned testimony has been edited by the said people. And he has been instructed to not say anything about it.

    On a side note, my tinfoil hat has not been wo
    • by Tim the Gecko ( 745081 ) on Tuesday December 13, 2022 @09:40PM (#63128904)

      I heard some conspiracy theories here yesterday that it was mighty convenient that SBF was arrested right before his testimony to Congress. Presumably he was going to name names. And now that he has been arrested, he can no longer do that. He has forever been shut up. Some powerful people do not want him to speak.

      Other people are not convinced: The One FTX Conspiracy Theory That Is Too Dumb to Be True [slate.com]

      • Re: (Score:2, Insightful)

        by will_die ( 586523 )
        Then that story gives no reason on why it is "dumb".
        This is the same site that pushed that the biden laptop was false, that trump russia collusion was happening, and that covid did not come from china and to even consider that was racist.
        • by youngone ( 975102 ) on Tuesday December 13, 2022 @10:47PM (#63129034)
          The story gives several reasons why it's dumb, any of which you could have figured out for yourself, because they're obvious.
          Slate thinks the Hunter's laptop thing is dumb, because it is really dumb.
          • by Entrope ( 68843 )

            The story gives two reasons they think their straw-man version of the conspiracy theory is dumb:

            Democrats saved SBF from getting arrested by arresting him, and they saved him from questioning from members of Congress by ⦠having him extradited and brought up on multiple felonies, for which he will face an actual trial unless he pleads guilty to at least some of the charges ahead of time.

            Except the conspiracy theory isn't that Democrats saved him from getting arrested. It's that they saved him from seriously incriminating himself during his testimony, since he wouldn't be protected by Miranda or various other rules about self-incrimination. Secondarily, the theory postulates that Democrats saved powerful Democrats from SBF giving answers that would supposedly embarrass powerful Democrats.

            So, yes

            • It's that they saved him from seriously incriminating himself during his testimony, since he wouldn't be protected by Miranda or various other rules about self-incrimination.

              This is no different than him testifying at his own trial, where he is also free to self-incriminate as much as he wants.

              This conspiracy theory makes zero sense, he'd have a lawyer present in either case. There are no rules protecting you from self-incrimination if you volunteer to do it.

              • by Entrope ( 68843 )

                The optics and perceptions are very different for the two kinds of testimony. Once federal charges get filed, that is when most people will realize "shit just got real" -- if they think they're making an sales pitch to a friendly crowd, they'll have a very different mindset than answering questions from a hostile attorney from the witness stand.

                SBF's public statements so far have shown two things: that he has still been in sales pitch mode, and that either he has lousy lawyers or he's ignoring them. For exa [cnn.com]

                • by DrXym ( 126579 )
                  I get a sense that the guy is an inveterate liar and every time he pretends to "tell the truth" he uses it skirt around very direct questions he is being asked. His intended testimony seems little different, just an extended whine that others are ghosting him and no longer prepared to accept his explanations.
            • by DarkOx ( 621550 )

              ^^THIS^^

              What Slate does not get is that nobody on the right thinks anyone on the left cares about SBF, as to if he ends up shooting himself twice in the back, in prison, or back with his buddies swilling liquor and anti-depresents on the beach.

              What some think they care about is that he might know things that are a embarrassing, or criminal about THEM. For example that a the time their organizations accepted his campaign donations they reasonable should have know he was engaged in fraud or say they agree to

              • ^^THIS^^

                Except, now that we've seen [forbes.com] the testimony, we see that it's all self-justification and complaining how unfair the bankruptcy process was. Not naming names.

                • by Entrope ( 68843 )

                  Congressional testimony involves swearing to tell the truth [1], and answering questions [2], not just delivering a speech about how it's not your fault.

                  [1]- Except for Democrats from the executive branch taking before a Democrat-controlled Congress, in which case they don't have to make that oath.
                  [2]- Likewise.

                  • In general, congressional testimony involves a show staged by congress to showcase to the public stuff they want the public to see.

                    In old Perry Mason reruns, the perp hadn't planned on naming confederates during testimony, but clever questioning by the prosecutor inveigles them to reveal the truth. In actual congressional hearings, no, you don't get sudden revelations "OK, I you got me! I admit it, the congressman did it!" during questioning.

            • by DrXym ( 126579 )
              His rights, including his right not to self incriminate don't disappear because he is called to testify. He could have had legal counsel sitting next to him just many witnesses do. Nor is his ability to blow the lid on the Dems (or Republicans) diminished by his arrest assuming he had some smoking gun to begin with which is unlikely. In summary this conspiracy is dumb.
              • by Entrope ( 68843 )

                He could still blow the lid on Dems, but actually being arrested on federal charges should make him a lot more hesitant to run his mouth and make public statements like "I unknowingly commingled funds. [...] I was frankly surprised by how big Alamedaâ(TM)s position was, which points to another failure of oversight on my part and failure to appoint someone to be chiefly in charge of that."

                On the other hand [twitter.com], he has a track record of blowing off advice of counsel:

                I told my lawyers to go fuck themselves. I don't think they know what they are talking about.

                So, yes, if you assume SBF is dumber than

                • by DrXym ( 126579 )
                  Lol "blow the lid". He donated some money to the Dems. He also donated money to the Republicans. No conspiracy is required or needed. If that weren't obvious then the DOJ, SEC and CFTC nailing his ass to a wall, not just for fraud but campaign finance law should be the clue.
            • Why are the Democrats saving him? What are they saving him from? He's been arrested and will presumably be charged with some criminal offenses.
              Are the Democrats going to prevent a judge and jury from hearing evidence?
          • it's not the laptop itself or what's on it that's interesting ( thought there is some slightly interesting stuff), it's the behind the scenes push to completely ban all mention of it before the election from social media and general news sources. Just like it wasn't so interesting what the nixon burglars found at Watergate.
            • There was no "behind the scenes push to completely ban all mention of it before the election" but it was so completely stupid that nobody with any credibility had any interest in mentioning it so it died.
              Even the New York Post were embarrassed.
        • It's dumb because all the evidence will come out in court. You can't hide this stuff. Conspiracy theories however always claim weird stuff. Biden laptop is not false, but it's also a non-story really. Nothing whatsoever on the laptop could take down the president, at most it's just embarrassing. I know, more weird conspiracy theory stuff.

      • by Holi ( 250190 )

        What's with the ad that covers half my screen so I can only read the article via a sliver of my screen

    • Presumably he was going to name names.

      Obviously not Hillary Clinton or he would have been dead already :-)

    • I heard some conspiracy theories here yesterday that it was mighty convenient that SBF was arrested right before his testimony to Congress.

      It seems pretty obvious that he was going to be indicted. I assume they indicted him as quickly as they could get the case put together.

    • by Anonymous Coward

      Some powerful people do not want him to speak.

      As a registered Democrat voter and MAP I can tell you with certainty those names are the usual suspects: TRUMP, PUTIN, MUSK and ANDREW TATE.

      Case closed. I don't need to see any evidence or hear any testimony and you can NOT change my mind. I'll bet my 9 year old girl friends life on it.

    • He was NEVER going to "testify before Congress." He just wanted to hand-wave by video link from his hidey-hole in the Bahamas. With no penalties for perjury, because after all, he's hiding out in the Bahamas, and the US can't possible extradite him ... joke's on him now.

    • Presumably he was going to name names. And now that he has been arrested, he can no longer do that. He has forever been shut up.

      That makes zero sense. If there is anything he could say to Congress that wouldn't dig a deeper hole he can say it at his trial for reduced charges. If it would dig a deeper hole for him, I'm sorry, do you think he would have immunity? Why?

    • "He has forever been shut up."

      Demonstrably he has not been shut up. In fact, the defining feature of this whole business is that he *won't* shut up, even with his lawyers screaming at him "STOP TALKING!"

  • by phantomfive ( 622387 ) on Tuesday December 13, 2022 @09:31PM (#63128888) Journal

    that helped contribute to the flywheel Ponzi scheme.

    A flywheel is not a Ponzi scheme. It's mis-valuing assets and using that to borrow money.

    • Didn't you get the message? Any misdeed related to crypto is automatically a Ponzi scheme

      • That actually makes a lot of sense. Based on the theory that everything about recent crypto is based in ignorance.

  • For those who want to avoid the Forbes popups here is a link to the 18 page .pdf
    https://assets.bwbx.io/documen... [assets.bwbx.io]

  • by lowvisioncomputing ( 10234616 ) on Tuesday December 13, 2022 @10:11PM (#63128970) Homepage Journal

    - Bankman-Fried is being ghosted by FTX's court-appointed CEO John Ray.

    All good and proper. Doesn't want to be seen as possibly collaborating with the piss-ant.

    - Bankman-Fried says that FTX.US general counsel and former Sullivan & Cromwell partner, Ryne Miller, put intense pressure on Bankman-Fried and others to rush into filing for Chapter 11.

    Well, you ARE bankrupt. A 1.8 billion hole in your accounts pretty much says it all.

    - Bankman-Fried believes that John Ray and law firms managing the bankruptcy, including Sullivan and Cromwell, are dusting off the Enron playbook in an effort to reap enormous fees from FTX's bankruptcy.

    "Don't look at the fact that I'm the one responsible for the financial fraud in the first case ..."

    - The Chapter 11 team is not playing nice with foreign regulators.

    Got any proof? After all, the foreign goverment DID hand you over for extradition. Don't hear their regulators complaining.

    - Bankman-Fried thinks that John Ray and the U.S. Bankruptcy Court is bullying the Bahamian government and overstepping its rights as the main domicile for FTX International.

    Remember - he claimed this before the Bahamian government handed him over to the US for fraud. Same as if he had committed crimes in pretty much any country he'd have been extradited to that country. Guy seems not to understand extradition treaties and thought he was safe.

    - Bankman-Fried devotes seven pages to a section he calls "Misstatements," detailing instances where John Ray and team are disseminating false and inaccurate information about the companies he created.

    Well, now you'll gat your day in court. What's the problem here? Oh, you were hiding from the courts in the Bahamas. So sad, too bad, sux 2 B U.

    - FTX did not have a risk management team.

    And whose fault is that? Yours. As you yourself admitted in the previous point, YOU created these companies. You decided not to have a real risk management team. So what's your point?

    - Bankman-Fried claims that there are signed Letters of Intent (LOIs) from prospective investors that could recapitalize the exchange.

    So why haven't you produced them? This is the internet - email is a thing.

    - Binance CEO Changpeng Zhao orchestrated a negative public relations campaign to bring down FTX.

    Revealing that YOU had a $1.8 billion hole in your balance sheet is your own fault. That makes the negative publicity your responsibility.

    - Having eliminated FTX as its largest global competitor, Binance is now averaging approximately 70% of global cryptocurrency volume.

    If you had played it straight, that could have been you. Awwww.

    - Bankman-Fried wants to set the record straight on false reports of hard partying at FTX and on his own drug usage. He says he has never been drunk in his life, and has been on an antidepressant for the last decade.

    Setting up the "I was of unsound mind" defense? More like the "I was an arrogant prick who thought I could get away with it" mind-set.

    • - Bankman-Fried wants to set the record straight on false reports of hard partying at FTX and on his own drug usage. He says he has never been drunk in his life, and has been on an antidepressant for the last decade.

      Setting up the "I was of unsound mind" defense? More like the "I was an arrogant prick who thought I could get away with it" mind-set.

      More to the point it seems to be trying to answer a different question than the one that was asked.

    • Got any proof?

      Generally I favor asking for evidence, but if you're going to ask for it here, you really ought to read the entire document to see if the evidence you seek is sin there.

      • He's been saying he has offers of money to refloat for a while. And yet, nope, no actual offers. What he says and what is true are two different things. Anything he says, without confirmation from the other party who would be doing the investment, is worthless. And no, offers of investing crypto-coins in his business are worthless - the people taking their money out want cold hard cash. That was the idea behind a stablecoin - it can be redeemed for cash, not another shitcoin.
    • by klui ( 457783 )

      > - Bankman-Fried claims that there are signed Letters of Intent (LOIs) from prospective investors that could recapitalize the exchange.
      >
      > So why haven't you produced them? This is the internet - email is a thing.

      I read the guy liked using emojis to approve stuff and those texts were configured to auto delete after a certain time. I'm not saying there were any LOIs, but if there were any they would have been deleted based on his unconventional/non-existent business practices.

  • If it was never delivered, it's simply a "script" (sans "trans").
  • by Virtucon ( 127420 ) on Tuesday December 13, 2022 @11:02PM (#63129062)

    Disclaimer: I don't like this guy, I think he's a sleazeball, moron, and con artist.

    He needs to Lawyer Up and Shut the Fuck Up. He shouldn't be grandstanding and yelling "it was the one-armed man!" to everybody, especially to congress. If he is as intelligent as his fanbois say he is and has any funds set aside he'll hire a good Lawyer and let that guy speak for him. I think his being arrested will finally start laying out what happened and when without all the rumors but frankly, I don't think he has a nervous twitching leg to stand on.

    • I understand his own lawyers have adviced him to keep quiet and not give interviews or say a word in public.

      Same thing from other random lawyers on the internet, who have stated that his lawyers are probably pissed cos he has been running around openning his mouth to the media recently.

      If he doesn't want to follow legal advice, does not matter if he hires the best or worst lawyers around.

  • All of the comments in this thread, and all of the commentary in other media, seem to be of one mind in lambasting the arrogance, greed, and illegality of what this guy did - and rightly so.

    But, this all misses the other half of the "two to tango" equation. Those who deposited billions in equity with this guy are guilty of criminal stupidity.
    I feel bad for them to a point, that they are losing their fortunes, but they should all know the principles of "you play, you pay".

    Even if crypto is all the rage, and

    • Who feels sorry for the rich people who lost money?

    • Don't forget that the small percentage of people losing this type of money who are both that rich and that stupid are actually just the excuse that the much larger portion of them uses to get away with laundering money for organized crime. If you don't buy into SBF's plea of total incompetence don't buy into theirs either.

    • by DrXym ( 126579 )
      I agree that crypto "investment" is a remarkably stupid thing to do but these companies present a veneer or respectability & safety - your money is safe, we don't leverage it, we're backed by StableMagicBeans which are pegged to USD. They advertise on TV, they're seen with politicians & celebrities, the Wall Street Journal is talking about them, the CEOs are seen as financial wizards. It is unsurprising that people are lured in by this crap.

      I assume FTX "investors" came from all walks of life. Som

  • His statement is an extended whine that people are mean to him and want him prosecuted.
  • - Bankman-Fried is being ghosted by FTX's court-appointed CEO John Ray.

    As he should be.

    - Bankman-Fried says that FTX.US general counsel and former Sullivan & Cromwell partner, Ryne Miller, put intense pressure on Bankman-Fried and others to rush into filing for Chapter 11.

    As they should have.

    - Bankman-Fried believes that John Ray and law firms managing the bankruptcy, including Sullivan and Cromwell, are dusting off the Enron playbook in an effort to reap enormous fees from FTX's bankruptcy.

    Quite likely. The only sure thing about legal proceedings is: the lawyers always get paid.

    - The Chapter 11 team is not playing nice with foreign regulators.

    The US government never plays nice with other governments. While the Chapter 11 teams may not directly be government, you can be sure that the regulators are heavily involved.

    - Bankman-Fried thinks that John Ray and the U.S. Bankruptcy Court is bullying the Bahamian government and overstepping its rights as the main domicile for FTX International.

    See previous comment: The US government never plays nice with other governments.

    - Bankman-Fried devotes seven pages to a section he calls "Misstatements," detailing instances where John Ray and team are disseminating false and inaccurate information about the companies he created.

    I'm not going to even attempt to review that. However, when it comes to "misstatements", I don't think he has a lot of room to comp

  • is surprisingly bad at his job. Like knowing when to SFTU and let an expensive lawyer do the talking.
    • is surprisingly bad at his job. Like knowing when to SFTU and let an expensive lawyer do the talking.

      The lawyer he hired is the same one who got Ghislaine Maxwell [wikipedia.org] , who got 20 years in jail. Not the best reference ... And of course, there's this:

      In August 2022, her former lawyers sued Maxwell, alleging that she failed to pay $878,000 in legal fees.

      It would be really nice if that bit of history repeats itself.

  • That and $1.50 will get you a cup of coffee at McDonald's.
  • Cocaine is an antidepressant, right?

    • Cocaine is an antidepressant, right?

      Apparently spending OPM (other people's money) is an even bigger anti-depressant. The only problem is the crash after the high.

  • And of course it'll be nothing but russian disinformation to suggest that there might be something suspicious about every single camera and witness conveniently going away or glitching out, with no backups.

  • Some have alleged this is much bigger than SBF.

    $100 billion is US tax payer dollars have gone to the Ukraine. The US government refuses to give an accounting as to where the money was spent.

    It has been alleged that much of the money went to FTX crypto, and then to certain US politicians. Mostly democrats, but some republicans.

    We know for sure that SBF is the second biggest democrat contributor, after George Soros.

    • by jbengt ( 874751 )

      It has been alleged that much of the money went to . . .

      If that kind of statement is supposed to pass as evidence, then you're either far too gullible or a liar.

      • If that kind of statement is supposed to pass as evidence, then you're either far too gullible or a liar.

        GP is or was an ardent Trump supporter, so I am going with "far too gullible".

      • Remember, this is an alleged comment on an alleged statement. It's allegations all the way down!
  • by Anonymous Coward
    The congressmen know what they'll be asking the witnesses.
    The witnesses know the questions that will be asked.
    The congressmen know that the witnesses know what the questions will be.
    The witnesses know that the congressmen know that the witnesses know what the questions will be.
    And yet the hearings are still held. Just for the "under oath" part.
  • It's pretty obvious this guy is an utter moron who used his family connections to scam investors.

    Not having a risk management group = prima facie evidence of fraudulent intent.

    Seriously, fraternities have risk management officers these days....

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