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Crime

SBF Asks Court To Dismiss Most Criminal Charges Against Him (axios.com) 63

FTX founder Sam Bankman-Fried is seeking the dismissal of 10 of the 13 charges against him over the collapse of the cryptocurrency exchange. Axios reports: Lawyers for Bankman-Fried, who's pleaded not guilty to fraud, conspiracy, campaign finance law violations and money laundering, in a filing argued that several of the charges failed to properly state an offense. The motion that was filed to the U.S. District Court for the Southern District of New York is seeking the dismissal of 10 of the 13 charges against him. "Simply making a false statement, by itself, does not constitute wire fraud unless it is made for the purpose of obtaining money or property from the victim of the fraud," Bankman-Fried's lawyers wrote.

According to Ars Technica, SBF's lawyers are essentially arguing that there's no evidence of harm caused because fraud requires a "scheme to cause economic loss to the victim," which prosecutors allegedly haven't proved. Instead, SBF alleges that federal prosecutors have concocted "a hodgepodge of different intangible losses" suffered by banks and lenders -- including "the right to honest services," "the loss of control of assets," and "the deprivation of valuable information." [...] "In the end, the Government is trying to transform allegations of dishonesty and unfair dealing into violations of the federal fraud statutes," SBF's lawyers wrote. "While such conduct may well be improper, it is not wire fraud."

The 31-year-old Bankman-Fried, who is currently under house arrest on a $250 million bond at his parents' home in Palo Alto, California, faces more than 155 years in prison if convicted on all counts. A trial has been scheduled for October.
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SBF Asks Court To Dismiss Most Criminal Charges Against Him

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  • Not a chance (Score:3, Insightful)

    by rsilvergun ( 571051 ) on Tuesday May 09, 2023 @06:49PM (#63509741)
    You made the same mistake Bernie Madoff and Elizabeth Holmes made. You let the scam get too big and attracted people with real money. People who are protected. Worse you made those people look like idiots. You made it painfully obvious that the people at the very top of our economy aren't actually all that good at picking winners and losers they're just lucky and too big to fail.

    So just like Holmes Madoff before you you're going up the river for a very very long time.

    I'm really surprised that these scammers haven't learned to cut and run when the real 1 percenters show up trying to invest. Then again I think it's a fairly recent thing that there is this many scams for the 1 percenters to lose money on in such an obvious and embarrassing fashion. So maybe words just hasn't gotten around yet.
  • by dmay34 ( 6770232 ) on Tuesday May 09, 2023 @06:55PM (#63509747)

    This is literally just the defense lawyer doing his job.

    • Anyways if you are facing 13 serious charges, getting that reduced to 3 serious charges may not help you all that much, and doesn't seem to bode well for those 3.

      Let's say you rob a bank. How many charges might you be hit with? It could be pretty much any number depending on how finely they slice it. But almost certainly one of the charges will be Federal Bank Robbery, and conviction on that alone is very bad.

      • well 13 vs 3.

        maybe the difference from an FPMITA vs club feb

      • It is good if he gets it reduced to three charges then he can offer a plea in exchange for a light sentence in a minimum security fed camp. The DOJ is likely to accept to keep their stellar conviction rate intact and save a ton of resources and complicated trial. SBF still has hundreds of millions socked away for lawyers.

      • Anyways if you are facing 13 serious charges, getting that reduced to 3 serious charges may not help you all that much, and doesn't seem to bode well for those 3.

        Not all charges are equal. If I rob a bank and drop a snickers bar on the street on the way outside and get hit with armed robbery, assault, and littering, getting off on the armed robbery and assault would be an absolute win even if there is a charge I was found guilty of.

        He has 13 charges against him which each range from a maximum of getting a fine to a maximum of 20 years federal prison depending on the charge. This very much could mean the difference between a minimum jail sentence (or even lower) vs s

      • 13 charges is worse than 3 of those charges no matter how you spin it.

        I'm glad you'll never be my lawyer.
    • And rich people can hire the best lawyers!

    • by taustin ( 171655 )

      In the most routine possible way. If he didn't do exactly this, he'd be up for disciplinary action for not doing his job.

    • Yep. Any defense lawyer who doesn't file such a motion to dismiss all charges needs to be fired. Unless it's a pro-pono half assed court appointed one, but even then it's worth trying to replace.

      • Failing to do your job is an ethics violation irrespective of whether you are paid or not. Also, court appointed lawyers are paid, just usually not by the defendant.
  • Judge had a stroke in the last 30 minutes? Well, it’s always possible..
    • Judge had a stroke in the last 30 minutes? Well, it’s always possible..

      No. Nothing here is unreasonable. Lawyers argue on minute details, judges rule on the same. Justice is not a morality game.

  • He needs to go to jail for life.
    • 20 years would be sufficient.

      • For which charge? 7 of the charges he has committed each carry a potential 20 years sentence, the rest other sentences of varying lengths.

        Why are you so quick to take it easy on him and water down the laws on the books which he broke before anyone has even presented legal arguments?

  • by Torodung ( 31985 ) on Tuesday May 09, 2023 @08:10PM (#63509863) Journal

    The 31-year-old Bankman-Fried, who is currently under house arrest on a $250 million bond at his parents' home in Palo Alto, California,

    So we're saying he's living in his mom's basement, yes?

  • by Opportunist ( 166417 ) on Wednesday May 10, 2023 @01:51AM (#63510231)

    "Your honor, I move to drop that case."
    "Why the hell for would I do that?"
    "Because else I'd lose it. DUH!"

  • Really frustrating to see how many people are chanting off with his head.
    I saw one comment (currently scored 5, Informative) talking about him being raped in prison, implying he deserves it.


    Are we really so far gone? How horrible the propaganda has made us.
    He's a nonviolent offender - at the end of the day it doesn't matter what we think, our justice system isn't supposed to be enforced through rape and murder.
    It's sick.
    The dude did CRYPTO.
    Not kidnapping, rape, murder, but CRYPTO.

    I'm not even
    • Actually, the more I read these comments the more I realize they're shills - paid bots and the people who have fallen for them.
      Ask yourself: Why do SO MANY people suddenly HATE some random guy who... started yet another crypto failed exchange. Who cares??


      Pretty sure most of these comments are the banks.

      Just like how when it was net neutrality, all the worst posts came from ISPs.

      Beware propaganda
      • You cannot make the argument that because his crime was "only" economic, it's not as bad as a violent crime.
        Economic crimes affect lives. Some people kill themselves, have heart attacks, lose families, etc.
        A punch in the face is a violent crime. If presented with the option of a punch in the face or losing my life's savings, I'll take the punch.
        Frankly, I think economic crimes should be tried on a scale, where if you steal a multiple of the average person's income over the course of their life( a life earni

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