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Crime The Almighty Buck The Courts

Sam Bankman-Fried Didn't Have 'Character of a Thief', Argues Author Michael Lewis (decrypt.co) 95

An anonymous reader shared this story from the blog Decrypt: Michael Lewis, author of Going Infinite, an account of the rise and fall of Sam Bankman-Fried, has argued that the disgraced FTX founder didn't have "the character of a thief" in a new The Washington Post article. "His crime was of a piece with his character. The character wasn't the character of a thief. It was the character of a person numb to risk." Lewis explained in the final paragraphs of a 4,500 word essay adapted from a new introduction to his book. "Unable to feel risk himself, he can't really imagine other people feeling much at all about the risk he has subjected them to...."

Lewis doubled down on previous claims that Bankman-Fried wasn't running a Ponzi scheme, arguing that "The crime was unnecessary to the business in a way that, say, Bernie Madoff's was not," and that "The crime made no sense." The collapse of FTX, he added, "might have been avoided and FTX might have survived."

"That doesn't mean I think that Sam Bankman-Fried is innocent. It merely informs how I feel about him," Lewis explained. "I think the truth is closer to 'young person with an intellectually defensible but socially unacceptable moral code makes a huge mistake in trying to live by it' than "criminal on the loose in the financial system.'"

From from The Daily Beast: Lewis also pointed to bankruptcy court filings from FTX in the weeks after Bankman-Fried's sentencing showing that "against the $8.7 billion in missing customer deposits, FTX was now sitting on something like $14.5 to $16.3 billion." "Whatever the exact sum, it was enough to repay all depositors and various other creditors at least 118 cents on the dollar — that is, everyone who imagined they had lost money back in November 2022 would get their money back, with interest," Lewis writes.
Michael Lewis's article offers some vivid details: Inside of three years, he'd gone from socially and emotionally isolated 25-year-old with an upper-middle-class bank account to leader of a small army of math nerds and (according to Forbes magazine) not merely the world's richest person under 30 but maybe the fastest creator of wealth in recorded history... He'd gone from having no friends as a child to having too many as an adult without ever developing a capacity for friendship....

The prosecutors didn't need Sam's help. Sam helped them anyway by ignoring the counsel of his lawyers and testifying on his own behalf... As Lewis Kaplan, the federal judge who presided over the case, said later: "When he wasn't outright lying, he was often evasive, hairsplitting, dodging questions and trying to get the prosecutor to reword questions in ways that he could answer in ways he thought less harmful than a truthful answer to the question that was posed would have been. I've been doing this job for close to 30 years. I've never seen a performance quite like that...." [T]he judge ordered Sam to rise so that he might address him directly. Two hours or so earlier, Sam had shuffled into the courtroom in prison khakis with his head down and his hands oddly clasped behind his back. Just before he'd entered, his guards had told him he was meant to be wearing handcuffs and asked if he could create the impression that he was doing so...

"There is a risk that this man will be in a position to do something very bad in the future, and it's not a trivial risk, not a trivial risk at all," said the judge. "So, in part, my sentence will be for the purpose of disabling him." He then sentenced Sam to 25 years in prison, with no possibility of parole.

A few minutes later, Sam dutifully clasped his hands behind his back and shuffled out of the courtroom.

Lewis adapted his 4,500-word article from the upcoming (updated) paperback edition of his book — which was originally published in 2023 on the same day jurors were selected for Bankman-Fried's trial...
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Sam Bankman-Fried Didn't Have 'Character of a Thief', Argues Author Michael Lewis

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  • by Anonymous Coward on Sunday August 25, 2024 @02:00PM (#64734110)

    Lewis wrote a book excusing SBF's behavior. Now trying to salvage his own reputation.

    • Rob a bank, prison
      Be a ceo and rob many people, get a book written about you about how it's not your fault.
    • by Anonymous Coward
      This is one of the dumbest things I've heard in a while:

      "against the $8.7 billion in missing customer deposits, FTX was now sitting on something like $14.5 to $16.3 billion." "Whatever the exact sum, it was enough to repay all depositors and various other creditors at least 118 cents on the dollar — that is, everyone who imagined they had lost money back in November 2022 would get their money back, with interest,"

      That's not how crime works. You don't steal money with the intention of paying it back. You steal it with the intention of **KEEPING IT AND NOT GETTING CAUGHT**

      Just because you have $16 billion doesn't mean it's OK to steal $8 Billion.

      • Wasn't the $14.5 to $16.3 billion mostly in the form of a token issued by FTX itself whose value would have cratered to zero as there would be no-one willng to buy the token after the financial shenanigans at FTX and Alameda's losses were exposed?
        • I read the book only recently and can't recall anything that could be interpreted that way. However FTX clearly was a mess and I did get the clear impression that SBF doesn't think the way most of us do. Michael Lewis deliberately decided to publish on a timely basis, even though many of the mysteries are unsolved. For the money? Partly, but I think some of these mysteries are going to be unsolved for many years...

          The AC FP BS should not have been modded into visibility, though I think the motive is clear e

    • Re: (Score:3, Insightful)

      by jarablue ( 2106570 )
      Looks like someone is upset. Enjoy prison dickhead. Millions of us work hard every day and do the right thing. Cry me a river bitch.
    • The judge has made it obvious that the sentence will be appealed. The prosecution lost the standing to lay a charge for theft because the money isnâ(TM)t actually missing. The whole sensational trial is an ad hominem attack on a clueless autistic to cover up the fact that the court exceeded itâ(TM)s authority, and is trying to steal the money.
      • Now my opinion on the other hand is that each of his victims deserves the right to punch him in the face as hard as they can, and as often as he can, and then he can think whether robbing people is worth having a smashed up face for the rest of his life.
      • by DarkOx ( 621550 )

        I don't think he will get off. Illegal conversion is just that. Almost every, crime involving it begins with "I'll put the money back before anyone knows its missing"

        What SBF did was use other people's funds where he/FTX was the custodian in a way that was unauthorized, strip away all the other legalese and minutia and that is it, and very fundamentally that *is* a crime. I would argue unlike the author it was no different than Madoff other the he happened to hit the jackpot eventually but not before the

  • by mspohr ( 589790 ) on Sunday August 25, 2024 @02:10PM (#64734138)

    So... he was clueless and incompetent but not a criminal.

    • So... he was clueless and incompetent but not a criminal.

      Arguably he was clueless, incompetent, AND a criminal.

      Fortunately for the rest of us, most criminals are incompetent to one degree or another.

    • by Savage-Rabbit ( 308260 ) on Sunday August 25, 2024 @03:43PM (#64734380)

      So... he was clueless and incompetent but not a criminal.

      This is a hired pen who specialises in scumbag character rehabilitation trying to convince the world that Sam Bankman-Fried is the victim in all of this.

      • Not a hired pen: he writes books about interesting/successful people that he gets close to so he can write about both their route to success and their character. Moneyball and The Big Short are his most famous ones, both of which successfully turned into movies. I've not read any of his books (though I saw the Bit Short movie which was good I think) but he's generally a very well regarded.

        The problem is he fell for this fraudulent scumbag, who was then exposed before his book even came out, so now he look

    • by newcastlejon ( 1483695 ) on Sunday August 25, 2024 @07:09PM (#64734808)
      There's a great line from the ever-relevant series "Yes, Minister" where the manager of a large bank and a senior civil servant are discussing who will be the next governor of the Bank of England after a recent scandal:

      Sir Desmond Glazebrook: They've broken the rules.
      Sir Humphrey: What, you mean the insider trading regulations?
      [Glazebrook]: No.
      Sir Humphrey: Oh. Well, that's one relief.
      [Glazebrook]: I mean of course they've broken those, but they've broken the basic, the basic rule of the City.
      Sir Humphrey: I didn't know there were any.
      [Glazebrook]: Just the one. If you're incompetent you have to be honest, and if you're crooked you have to be clever. See, if you're honest, then when you make a pig's breakfast of things the chaps rally round and help you out.
      Sir Humphrey: If you're crooked?
      [Glazebrook]: Well, if you're making good profits for them, chaps don't start asking questions; they're not stupid. Well, not that stupid.
      Sir Humphrey: So the ideal is a firm which is honest and clever.
      [Glazebrook]: Yes. Let me know if you ever come across one, won't you.

    • He was a wreckless criminal rather than an intentional criminal. That is, he wasn't trying to hurt anyone, but he wasn't worrying about if he was hurting people.
    • To quote The Big Short, "Show me the difference between stupid and illegal and I'll have my wife's brother arrested."

  • by hdyoung ( 5182939 ) on Sunday August 25, 2024 @02:12PM (#64734146)
    SBF lied to thousands/million of people, so he could break a whole truckload of laws, siphon billions of their money to engage in stupidly risky investments and live the high life on an island mansion.

    And this author is saying “not a thief” and his morals were “intellectually defensible”. Holy crap.

    I’m no longer interested in reading anything from this author. Browsing youtube would be a better use of my time.
    • Just more nepotism and spin. Of course he is a *journalist* iykyk

    • SBF lied to thousands/million of people, so he could break a whole truckload of laws, siphon billions of their money to engage in stupidly risky investments and live the high life on an island mansion.

      The problem was that SBF was running a scheme that was mathematically guaranteed to never turn a legitimate profit. If ripping off investors on a poorly conceived idea that ignores some laws and ends up failing miserably in the marketplace was met with the same sort of legal repercussions, you'd have to throw the Bird scooter guy in jail too.

      It's a very fine line though, because one could reasonably argue that running a profitable rental scooter business would require operating in some fantasy world where

      • It’s not a fine line at all. There are legal ways to rip off investors, and there are illegal ways to rip off investors. Yes, there’s a thin gray area, but SBF crossed that line at 100kph and pushed down on the gas.
        • There really aren't legal ways to rip people off. If it were proven that somebody's intent was to "rip off," that would be fraud. The primary things that would determine the legality of a bad investment (and, of course, I am not a lawyer because if I were, I would charge money for my comment) (a) Did the person selling the investment actually believe in the underlying business (i.e. whether one can actually make money in renting scooters isn't the issue at hand but rather whether the person believed they
      • It is NOT a fine line at all, there is absolutely some gray areas with various investment schemes but SBF's case is NOT one of them. He clearly and intentionally broke the law to gamble with other peoples money, no ifs, buts or maybes. This wasn't a thin line he crossed it was so far over the line he couldn't even see the line anymore.
  • by TheNameOfNick ( 7286618 ) on Sunday August 25, 2024 @02:16PM (#64734150)

    Bankman-Fried is worse.

  • "young person with an intellectually defensible but socially unacceptable moral code makes a huge mistake in trying to live by it" Does this make sense? An intellectually defensible moral code that is not socially acceptable is ... a crime, no? Isn't that, in a strong sense, the definition of a crime?

    Intellectually defensible moral code: I want to do things that benefit me, or that I desire to do. And I argue that morally, it is good for people to do the things they want.

    Socially unacceptable moral code: Ye

    • I've read the line several times and it is just nonsensical. I thought the author was supposed to be some sort of finance expert, but that line is just gibberish. In the finance world, when you contractually agree to handle money a certain way, you are bound by that contract. SBF is no different than the Kansas banker who got dup'ed into sending bank funds to a crypto scammer. It was not the banker's money and he thought he'd use bank money to get his money back. https://yro.slashdot.org/story... [slashdot.org]. Of course
      • It would be literally like saying that if someone stole your money, bought a house with the cash, and by the time the authorities caught up with him, the house was worth more than the value of the stolen cash, that somehow a theft had not occurred. It is a bizarre line of thinking which ignores contractual breaches and misappropriation.

        SBF is a thief. That his victims may end up with more money than the amount he stole from him doesn't make him any less a thief. This is such an unbelievably immoral argument

        • by shanen ( 462549 )

          I can't tell if that's supposed to be a joke or some sort of typo. If the victims wind up with more money, then how are they victims?

          (Kind of a rhetorical question. They might have been promised higher returns, so getting more money might still be too little money... However I'm still having trouble figuring out where the "immoral argument" is...)

          • If the money was taken without permission or misappropriated and used for purposes not permitted by the customer, then it's theft or embezzlement.

            • by shanen ( 462549 )

              Thanks for the clarification, but it isn't clear to me that your description covers the actual situation. There was also a whole lot of incompetence going on, plus all sorts of legal and quasi-legal restrictions and terms that the "customers" had agreed to, more or less explicitly.

              One of the interesting claims that Michael Lewis repeats is that SBF was hoping to be the most legal cryptocurrency exchange. Most of the "big boys" in the business were working hard to stay outside of the law, whereas SBF apparen

        • There was a case in the UK where someone stole a credit card, maxed it out to bet on horses and won. He didnâ(TM)t realise these winnings were paid into the cards bank account, at that point the card had been locked, and the victim found an unexpected large amount of cash in his account.

          The thief was convicted for theft and ordered to pay back the amount he gambled.
  • He's either getting a pardon from Joe or whomever wins the next one.

    PS. Heh, I wasn't the only one who thought of this, https://manifold.markets/Marti... [manifold.markets]

    • I looked, 6% on that one. Others had higher chances. But other polls like likelihood of him in solitary are 18% and another with likelihood of him in prison in 2030 at 99. All over the map with no consensus.

      If trump wins, you never know. Pay him enough compliments/cash and you could win a pardon. Of course several previous pardoned individuals are back in court. https://abcnews.go.com/US/trum... [go.com] and the most recent case https://nypost.com/2024/08/22/... [nypost.com] which is a real head scratcher how that one got a par

    • You used to post your comments. Joe Biden hasn't been running for weeks now. Just do a control f and replace Biden with Harris and you'll be fine. You don't even need to use chat GTP for that.
      • What does that have to do with presidential pardons?

        • by Xenx ( 2211586 )

          He's either getting a pardon from Joe or whomever wins the next one.

          The way you wrote it is ambiguous. You could be mistakenly singling Biden out of the group of potential presidential elects, or you could be including him and the group in a list of possibilities. I think more people would read it the first way, but it's definitely going to be readily misinterpreted.

          Car analogy: "I want a Hyundai, or whatever Japanese car is popular." Do I think Hyundai might be a popular Japanese car, or do I think they're a reasonable alternative to a Japanese car?

        • Well for one thing President Kamala won't be partying Donald Trump.
  • Why in the world would you ever trust a manchild with all your money? There's a reason why banks are run by a bunch of old people who have been bankers forever.

    The guy is boned for the rest of his life and ultimately nobody will have lost their life savings or really been catastrophically harmed, given that the valuation is now more than the money owed.

    Anyone who was dumb enough to put their money in crypto should be responsible for the outcomes. It's like buying a bunch of beanie babies, anybody with a bra

  • There's always an excuse.

  • by Mirnotoriety ( 10462951 ) on Sunday August 25, 2024 @03:21PM (#64734324)
    The $8.7 billion in missing customer deposits”. They're not missing, they're stolen. A sizable amount donated to the Washington Swamp [time.com]: “Bankman-Fried .. personally contributed .. to .. Sen. John Boozman, an Arkansas Republican, who lead the Senate Agriculture Committee, which has a role in regulating cryptocurrency

    Sam Bankman-Fried [cnn.com] is being moved to .. Mendota, California, a two-and-a-half-hour drive from his parents’ home .. Mendota is home to one medium-security federal correctional institution with an adjacent minimum-security satellite facility
  • I love that we have a sliding scale for a crime based off the persons character.
    If he:
    knew what he did was wrong / criminal = max penalty
    accidentally mismanaged it = penalty
    insane or unable to comprehend = slap on the wrist
    victimless crime = promotion

  • Sociopaths are often successful.
    • I'm not sure if Lewis even believes the outrageous crap he wrote. I wouldn't be surprised if the book was written to generate those headlines to help him stay relevant as a writer.

      • I think Lewis gives us an excellent example of how supposedly sophisticated people get taken in by con men and how they resist admitting it.

        Lewis's previous books were all written after financial crimes were exposed, so he knew he was writing about a financial crime going in and had no role in detecting it or exposing it (other than filling in details).

        This was his first time "inside" and he failed to detect that he was being conned, and is doing all he can now to still deny that fact. This is reminiscent o

  • He made a kajillion times more money and lost it all. He hurt people who put their trust in him. He was the darling of the financial world then he wasn't. His life has been a wilde ride.

    Well guess what: I have a boring-ass 9-to-5 job and never did a tenth of a hundredth of what this guy did, but I'm not in jail and I can look at myself in the mirror in the morning.

    To me, that's the measure of a man's true character.

  • No one ever knows this about people until they do it.

    But if he was numb enough to risk to steal then that was the point he became criminal.

    If this was other countries the entire family would have been put in jail with him. Perhaps he should just keep quiet.

  • by Tony Isaac ( 1301187 ) on Sunday August 25, 2024 @05:25PM (#64734602) Homepage

    Wouldn't that be somebody who is willing to take things or money from others, that does not belong to them?

    People who live by principles, don't do this. Period. This is why the "shrink rate" at retail stores is around 1%, not 90%, despite self-checkout lanes...most people believe that they should pay for the things they buy, and wouldn't think about intentionally slipping something in that bag without paying for it.

    SBF not only stole money from people, he did it on a massive scale. The man not only has the "character of a thief," he's also a sociopath.

  • According to his Wikipedia article, Michael Lewis has an education in art, archaeology and in economics ... but not in criminal psychology.

    Neither do I, but I have heard one thing about people with a "criminal mind": They believe that they are entitled to do the unlawful acts that they do, despite knowing full well that they are against the law.

  • What did you expect? It was glorified climb thru American dream for person with (I am guessing) some spectrum of disorder that prevents them from following expected moral compass working in a field that is unregulated.
  • Everything a thief does is in the character of a thief, just like everything a dumbshit apologist simp does is in the character of a dumbshit apologist simp.
  • In the 90s old media proposed the rise of the classroom nerd as tech millionaire owners would create better workplaces because they knew what it was like ot be bullied. That traits of high sensitivity and low social skills somehow equalled better people. They should of seen this translate in the world as self obsessed and no innate interest in others. These are the people calling for staff to live at work and consider families something that happens to other losers. I had a Microsoft business book which cle
    • Seeing salespeople as "losers", that is the height of inhumanity, is it? No wedgies, no punches to the face? Did your book even say that they called them losers to their face? In any case, SBF wasn't a nerd.
  • People that are "numb to risk" while handling other people's money are not any better than thieves or scammers.

    • If that was the only thing he did, then he would be out of jail. He also happened to be "numb to following the law" or more likely, completely ignorant somehow.
      • by gweihir ( 88907 )

        Agreed. I do somewhat get why he ignored the law. Due to centuries of scams, rug-pulls and incompetence, the financial sector has pretty impressive laws, regulations, audit-requirements, documentation requirements, etc. The problem is they are all needed or exactly the crap that happened with FTX happens.

  • Step 1. Find all people who have the character of a thief. Step 2. Arrest and jail them all. Step 3. No step three, the world is now thief free.

  • I'm not sure what Lewis is getting at here but his description of SBF sounds like that of a sociopath. Whether there is criminality in his behavior or not doesn't speak to the level of risk his behavior engendered in the past and would likely do so in the future. I'm not sure prison will change this sociopathy but it would at least keep him from engaging in that for the next 25 years. Perhaps by that time we will have a better way to either rehabilitate the offender or isolate him from opportunities to repe
  • If anything I would say his argument in his defense makes the crime even worse not better. basically it is just "I didn't give a shit what happened to other people"
  • Therefore his character is that of a thief

    It doesn't matter that he was motivated by greed or thrill seeking or an insensitivity to risk as the author puts it; he still committed the crime.

  • Since he was big old thief, he has by definition the character of a thief. If this author were a judge he would be letting white guys off for murder by citing their outstanding character.
  • He was near infinitely careless with other people's money. And he knew it was not his money. Thief.
  • "Borrowing" other peoples toys without asking is what exactly? And worse, if one plans to take risks with the toy that will likely make it non-functional -- what is that?

    Repeat for 100,000 people's toys. The child definitely needs to spend some time in the corner.
  • It's the long fingers making a thief.

  • People have been paid back in "2022 dollars" but not in their crypto value. Imagine if you bought a necklace for $1,000, I stole that necklace from you and sold it for $10,000, then courts forced me to give you back a $1,000. Now you try to buy that necklace and it costs $10,000 and you can't.

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