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☆ Will Caroline Ellison get jail time for her role in the $11 billion FTX fraud scheme? Here's what the judge must weigh.
▼ + stars: | 2024-09-24 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +9 min

Read previewOn Tuesday, a judge will decide what sentence to give Caroline Ellison, who pleaded guilty to conspiring with Sam Bankman-Fried in an $11 billion fraud scheme. Ellison's sentencing sets up a high-stakes balancing test. She still participated in a massive fraud scheme, after all, the value of which he put at $11 billion. Ellison was the SBF trial's star witnessEllison pleaded guilty to fraud and money laundering for her role in the FTX scandal. Because the Bankman-Fried case went to trial, Kaplan has a lot of information at his disposal when deciding Ellison's sentence.

Persons: —, Caroline Ellison, Sam Bankman, Lewis Kaplan, Bankman, Fried, Ellison, Kaplan, FTX, cooperators, Sarah Krissoff, Cozen O'Connor, Joshua Naftalis, That's, Naftalis, Fried JANE ROSENBERG, John J, Ray III, Ryan Salame, Salame's, Gary Wang, Nishad Singh, Ellison's, Krissoff Organizations: Service, Business, Alameda Research, LLP, Prosecutors, Fried JANE ROSENBERG Prosecutors, Securities Exchange Commission, Commodity Futures Trading Commission, Government, MIT, Bankman Locations: Bankman, Manhattan, Alameda, New York, Brooklyn

☆ Hunter Biden was always doomed to lose his trial. His best bet is appealing a 'vindictive prosecution.'
▼ + stars: | 2024-06-11 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +11 min

Related VideoIn his opening statement at the trial, Biden's lawyer Abbe Lowell urged jurors in the Wilmington, Delaware, federal court to acquit his client. "They know how to put on a tight gun case." Biden's trial was not necessarily a lost cause. Hunter Biden's lawyers have argued this arrangement has perversely allowed Weiss to politicize the proceedings unchecked. This story was updated following the jury verdict in Hunter Biden's gun trial.

Persons: —, Hunter Biden, Biden, Abbe Lowell, Prosecutors, Sarah Krissoff, didn't, Maryellen Noreika, Donald Trump, Lowell, Jared Kushner, Sen, Robert Menendez, John Edwards —, Joe Biden, ROBERTO SCHMIDT, David Weiss, General Merrick Garland, Weiss, Hunter Biden's, Noreika, Trump, Republicans gloated, Hallie Biden, Cozen O'Connor, Duncan Levin, Levin, He's, Krissoff, Evelyn Hockstein, Neama Rahmani, Rahmani Organizations: Service, Business, Alcohol, Tobacco, Firearms, Explosives, AFP, Getty, Trump, Justice, Republicans, Biden's, US, BI, Republican, U.S, U.S . Department of Justice, Hill, REUTERS, Justice Department, West, Creative Locations: Wilmington , Delaware, Manhattan, Delaware, California, New York, Texas

☆ Hunter Biden may be doomed to lose his trial. His best bet is appealing a 'vindictive prosecution.'
▼ + stars: | 2024-06-06 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +11 min

"They know how to put on a tight gun case." Biden's trial is not necessarily a lost cause. This arrangement has perversely allowed Weiss to politicize the proceedings unchecked, Hunter Biden's lawyers argued. There's no evidence that Biden even loaded or used the gun before his brother's widow, Hallie Biden, threw it out. "Obviously, the conduct that the government ought to be addressing is whether somebody is on drugs and high while they're shooting a gun," Levin said.

Persons: —, Hunter Biden, Abbe Lowell, Prosecutors, Biden, Sarah Krissoff, didn't, Maryellen Noreika, Donald Trump, Lowell, Jared Kushner, Sens, Robert Menendez, John Edwards —, Joe Biden, ROBERTO SCHMIDT, David Weiss, General Merrick Garland, Weiss, Hunter, Noreika, Trump, Republicans gloated, Hallie Biden, Cozen O'Connor, Hunter Biden's, Duncan Levin, Levin, He's, Krissoff, Evelyn Hockstein, Neama Rahmani, Rahmani, there's Organizations: Service, Business, Alcohol, Tobacco, Firearms, Explosives, AFP, Getty, Republicans, US Justice Department, Republican, U.S, U.S . Department of Justice, Hill, REUTERS, Justice Department, West, Creative Locations: Wilmington , Delaware, Manhattan, Delaware, California, New York, Texas

☆ FTX's victims may get all their money back. The judge sentencing Sam Bankman-Fried might not care.
▼ + stars: | 2024-03-24 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +12 min

Sam Bankman-Fried bilked FTX customers out of over $8 billion, according to prosecutors. AdvertisementAccording to federal prosecutors, Sam Bankman-Fried orchestrated one of the biggest criminal frauds in the history of the world. According to his lawyers, FTX's customers might get all their money back. According to prosecutors, Bankman-Fried was responsible for more than $11 billion in fraud overall between FTX customers and investors in FTX and Alameda Research. The recovered calculations, too, distort how much money customers are actually getting back.

Persons: Sam Bankman, —, Fried, FTX, John J, Ray III, Ray, Lewis Kaplan, Kaplan, Sarah Krissoff, Cozen O'Connor, Krissoff, it's, Sarah Silbiger, Bankman, bitcoin, Rachel Maimin, Lowenstein Sandler, Barbara Fried, Mark Cohen, Jane Rosenberg Bankman, Maiman, Maimin, Caroline Ellison Organizations: Service, FTX, Bankman, Alameda Research, US, United States, Second Circuit, U.S . House Financial, Capitol, Reuters, K5 Global, Prosecutors, Wall, REUTERS, Business, of Prisons, Alemda Research Locations: FTX, Manhattan, New Jersey, New York, Washington , U.S

☆ Trump DA Fani Willis' credibility has been shot over messy testimony — but perjury charges are very unlikely: legal experts
▼ + stars: | 2024-03-06 | by ( Natalie Musumeci | ) www.businessinsider.com time to read: +11 min

DA Fani Willis' credibility has been damaged following a misconduct hearing, legal experts said. Willis' 'credibility is shot'Legal experts have long said that the hearing, and the relationship between Willis and Wade, doesn't look good for Willis. Rahmani said the distraction of it all is enough that Willis should recuse herself from the Trump case. On trips they took together, Willis and Wade testified that Willis paid Wade back for her portion in cash. Ms. Yeager heard District Attorney Willis tell Mr. Bradley: 'They are coming after us.

Persons: Fani Willis, Willis, Donald Trump, —, Trump, Wade, it's, Rahmani, Ashleigh Merchant, Trump codefendant Mike Roman, Nathan Wade, Wade —, Daysha Young, Andrew Evans, Alex Slitz, doesn't, Sarah Krissoff, Cozen O'Connor, Krissoff, Scott McAfee, McAfee, Terrence Bradley, Merchant, Bradley, Manny Arora, Cindi Lee Yeager, Cobb County , Georgia —, Trump codefendant David Shafer, Yeager, John Bazemore, Elijah Nouvelage, Mr, Trump codefendant Cathleen Latham, Arora —, Kenneth Chesebro, Arora, Adam Abbate, Abbate Organizations: Service, Fulton, West, Trial, Trump codefendant, Trump, codefendants, Merchant, Wade, Business, USA, Network, Reuters, District Attorney, AP, Washington Post Locations: Georgia, Fulton County, California, Atlanta, Manhattan, Fulton, Cobb County , Georgia

The Supreme Court agreed to hear Trump's immunity claims around charges of election subversion. Trump stands to benefit from SCOTUS hearing because it could delay his trial, legal experts say. Special counsel Jack Smith's federal case against Trump cannot proceed until the Supreme Court makes its decision, which could take months. AdvertisementKalir, who is pretty confident the court will not grant Trump immunity, said it largely comes down to how merit-less the legal argument in favor of absolute immunity is. Krissoff added that the Supreme Court is likely to issue as narrow a ruling as possible.

Persons: Trump, SCOTUS, —, Donald Trump's, Jack Smith's, Trump's, Scott Lemieux, Kenneth White, White, Justin Crowe, Crowe, Sarah Krissoff, Krissoff, Doron Kalir, Kalir, Smith, Jack Smith, Carolyn Shapiro, Rather, hasn't Organizations: Service, Wednesday, Trump, University of Washington, Williams College, Justice Department, Cleveland State University College of Law, Chicago, Kent's Institute Locations: New York, Washington ,, United States

☆ Fani Willis takes the stand hellbent on setting the record straight — but legal experts are split on whether her testimony did more harm than good
▼ + stars: | 2024-02-16 | by ( Erin Snodgrass | Haven Orecchio-Egresitz | Jacob Shamsian | ) www.businessinsider.com time to read: +9 min

Citing a filing from Wade's divorce proceedings, attorneys for the defendants alleged that Wade and Willis had an improper relationship. A witness for the defense attorneys alleged Thursday that Willis and Wade's relationship began in 2019. Nathan Wade, the Georgia prosecutor who admitted to a relationship with his colleague, Fulton County DA Fani Willis, in court. Fulton County DA Fani Willis testifies at a hearing Feb. 15 in Atlanta on her relationship with Special Prosecutor Nathan Wade. Most experts were skeptical that the evidence presented Thursday would lead to Willis or Wade being dismissed from the case.

Persons: —, Fani Willis, Nathan Wade, Donald Trump, Scott McAfee, Willis, Wade, pugnacious, Mike Roman, Trump, Stephen Gillers, McCaffee, I've, It's, Gillers, Norman Eisen, Trump's, DA Willis, Eisen, Sarah Krissoff, Krissoff, Mark Bederow, wasn't, Bederow, Neama, Cash, Rahmani, Pool Willis, I'm Organizations: Service, Business, Trump, Fulton, New York University, YouTube, Willis Locations: ATLANTA , Georgia, Fulton County, Georgia, Atlanta, New York, Manhattan, California

☆ Sam Bankman-Fried's ex-friends and top lieutenants all demolished his criminal defense from the witness stand
▼ + stars: | 2023-10-21 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +10 min

Sam Bankman-Fried's defense attorneys have argued that FTX's collapse is complicated and he didn't know everything. AdvertisementAdvertisementDuring opening statements at Sam Bankman-Fried's trial, it quickly became clear that prosecutors and his defense attorneys had very different approaches. But Bankman-Fried's attorneys may convince jurors that Bankman-Fried genuinely believed his actions were acceptable in the wild-west cryptocurrency industry. The challenge for Bankman-Fried's attorneys is to convince jurors that he didn't know about any wrongdoing. "Sam directed me to," Ellison testified.

Persons: Sam Bankman, They've, —, — Caroline Ellison, Gary Wang, Nishad Singh —, Thane Rehn, Rehn, Mark Cohen, Ellison, Cohen, FTX, Crypto, it's, Sam Bankman Fried, Craig Ruttle, Sarah Krissoff, Cozen O'Connor, Fried, Krissoff, Singh, Wang, Paul Tuchmann, Wiggin, Dana, Sam, Caroline Ellison, Eduardo Munoz Alvarez, Gary, Sun, He's Organizations: Service, Prosecutors, Alameda Research, Alameda Locations: Manhattan, Washington, Bankman, Alameda, New York, FTX, Bahamas

☆ Will Sam Bankman-Fried take the witness stand? It would be dangerous — but he has little to lose.
▼ + stars: | 2023-10-19 | by ( Jacob Shamsian | Katie Balevic | ) www.businessinsider.com time to read: +12 min

Sam Bankman-Fried needs to decide soon whether he'll take the witness stand in his criminal trial. AdvertisementAdvertisementCaroline Ellison testified in the trial of her ex-boyfriend, Sam Bankman-Fried JANE ROSENBERGFor that reason, the case against Bankman-Fried rests on the credibility of his alleged co-conspirators. In their own questioning of the cooperating witnesses, prosecutors have encouraged them to be open about taking responsibility for their crimes. Court sketch of Sam Bankman-Fried on the first day of his trial JANE ROSENBERG/ReutersIf Bankman-Fried takes the stand, he'll be cross-examined by prosecutors. If Bankman-Fried takes the stand, prosecutors will almost certainly point to more material and catch him in any contradictions.

Persons: Sam Bankman, he'll, he's, —, They're, Fried, Mark Cohen, Lewis Kaplan, who's, Cohen, He's, Caroline Ellison, Gary Wang, Nashad Singh, Sarah Krissoff, Cozen O'Connor, FTX, Mary Altaffer, Kaplan, Paul Tuchmann, Wiggin, Dana, Tuchmann, Adam Yedidia, Fried JANE ROSENBERG, Ellison, Wang, Singh, Bankman, Wang forthrightly, Ellison teared, slovenliness, Prosecutors —, Krissoff, JANE ROSENBERG, hedged, didn't, Judge Kaplan's, SBF Organizations: Service, Defense, US, Alameda Research, Former Alameda Research, AP, Prosecutors, Toyota Corolla, Reuters, ABC News, Alameda . Locations: Manhattan, Alameda, New York, FTX

☆ Trump being charged alongside 18 co-conspirators in Georgia RICO indictment, including Rudy Giuliani and Mark Meadows, means more chances for people to flip on him, experts say
▼ + stars: | 2023-08-16 | by ( Katherine Tangalakis-Lippert | Erin Snodgrass | Kelsey Vlamis | ) www.businessinsider.com time to read: +5 min

Legal experts told Insider that some of them might flip on Trump and cooperate with the prosecution. "It's not surprising to see unindicted co-conspirators," Anna Cominsky, an associate professor of law and the director of the Criminal Defense Clinic at New York Law School, told Insider. She said that some unindicted co-conspirators will never be charged "for whatever reason, perhaps there they're not known. "The other reason why those individuals may not be charged is because they're cooperating," Cominsky said. "There are all kinds of reasons to do that," Tobias told Insider.

Persons: Donald Trump, It's, Anna Cominsky, isn't, Cominsky, —, Rudy Giuliani, Mark Meadows, Scott Hall, Stephen Lee, Sarah Krissoff, Cozen O'Connor, Krissoff, haven't, Willis, Carl Tobias, Fani Willis, Trump's, Tobias, Tristan Snell, Jenna Ellis, Trump, she's, Snell, Ellis, Stan Twardy, Pitney, We've, Twardy Organizations: Trump, Service, Criminal Defense, New York Law School, Fulton County Republican, Southern, of, University of Richmond School of Law, Main Street Law, District of Locations: Wall, Silicon, Georgia, Fulton County, of New York, District of Connecticut

☆ The new Trump indictment takes aim at his closest allies. They can save themselves by flipping against him.
▼ + stars: | 2023-08-02 | by ( Jacob Shamsian | Erin Snodgrass | ) www.businessinsider.com time to read: +11 min

The new indictment against Donald Trump refers to six unindicted co-conspirators. The last time a prosecutor tried flipping people close to Trump, it didn't go too well. According to the new federal indictment against him, brought by Justice Department Special Counsel Jack Smith, Trump had six criminal co-conspirators. Smith is also overseeing a separate prosecution against Trump and two alleged co-conspirators related to the ex-president's hoarding of government documents. The Manhattan district attorney's office charged Weisselberg and the Trump Organization with a litany of white collar crimes in 2021.

Persons: Donald Trump, Jack Smith's, Donald Trump didn't, Jack Smith, Trump, Joe Biden's, isn't, fervid Trump, Smith, Sarah Krissoff, It's, Cozen O'Connor, Rudy Giuliani, baselessly, Sidney Powell, Giuliani, Jeffrey Clark, John Eastman, Kenneth Chesebro, Ted Goodman, Trump —, — Mayor Giuliani would've, Trump's, Goodman, Andrew Kelly Giuliani, He's, he's, Powell, Clark, Bill Barr didn't, Eastman, Chesebro, wasn't, Krissoff, Attorney Alvin Bragg, Stormy Daniels, Bragg, Daniels, Cyrus Vance Jr, Prosecutors, Allen Weisselberg, Michael M, I've, Weisselberg, Michael Cohen, Mary Altaffer, they'd Organizations: Service, Justice, Trump, West, Trial, Justice Department, CNN, — Mayor, Former New York City, REUTERS, Twitter, Prosecutors, Manhattan, Attorney, Trump Organization's, Former Trump Organization, Fox News, Trump Organization, New York Attorney, AP, Department, Republican, FBI, DOJ Locations: Trump, Wall, Silicon, Washington, DC, Manhattan

☆ Trump's 3rd indictment is a winnable case — but it won't be a slam dunk, former federal prosecutors say
▼ + stars: | 2023-08-02 | by ( Erin Snodgrass | Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +6 min

"I think this is very winnable, but it's not the slam dunk that the documents case is," Neama Rahmani, President of West Coast Trial Lawyers and a former federal prosecutor, said, referring to one of Trump's other federal indictments. Trump's January 6 trial is likely to be more reliant on witness testimony than his classified documents case. In that case, prosecutors have surveillance footage, phone records, and even an audio recording of Trump discussing the classified documents in question to help bolster their case. Brandon Bell/Getty ImagesA prosecutorial path forwardSmith, however, may already be laying the groundwork to get ahead of some of the challenges in the case, Rahmani said. "These are federal charges," Rahmani said of the classified documents indictment and the January 6 case against Trump.

Persons: Jack Smith, Donald Trump, it's, Rahmani, Trump, Stormy Daniels, Donald Trump Alex Brandon, Anna Cominsky, Sarah Krissoff, Cozen O'Connor, Krissoff, Smith, Trump's, Brandon Bell, Tanya S Organizations: Trump, Capitol Riot, Prosecutors, Service, West, Criminal Defense, New York Law School, Southern, of, Department, Former U.S Locations: Wall, Silicon, Lago, Florida, Manhattan, United States, of New York, Washington , DC

☆ Hunter Biden's jail-free plea deal isn't the end of his legal troubles
▼ + stars: | 2023-06-20 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +9 min

Hunter Biden's criminal plea deal still needs approval from a judge — which isn't guaranteed. The plea deal, however, still must be approved by a judge. Most plea deals skate through court without any problems, but judges do occasionally reject plea deals in high-profile cases. With a plea deal, prosecutors bind themselves to recommend a particular sentence. It's unusual for a judge to reject a plea deal if the sentencing recommendations are too harsh.

Persons: Hunter, Biden, —, Hunter Biden isn't, Delaware —, Donald Trump —, Hunter Biden, Joe Biden, Ahmaud, Sarah Krissoff, Pitney, it's, Neama Rahmani, Rahmani, Jill Biden, Ashley Biden, Patrick Semansky, Krissoff, aren't, It's, Department's, David Weiss, Susan Walsh, Randy Zelin, Wilk Auslander, Zelin, He's, he's Organizations: Prosecutors, Service, Department, Washington Post, Pitney LLP, United States, West, AP, Republicans, Congress, Justice Department, Wilk, US, Biden Locations: Delaware, Manhattan, Ukrainian, Ukraine

☆ Trump is controlling his narrative, but 'in reality he's back on his heels,' former federal prosecutor argues
▼ + stars: | 2023-06-12 | by ( Sarah Gray | ) www.businessinsider.com time to read: +6 min

The 37 federal charges against former President Donald Trump were unsealed on Friday. Trump announced the indictment on Truth Social and has been pushing his narrative since Thursday. While his team feels good about their response to the charges, that does not mean he's off the hook. While that puts him at a public relations advantage over special counsel Jack Smith, it doesn't mean he's clear of serious legal peril. And if Trump is convicted, the judge has a large say, within the guidelines, of whether he ever sees prison time.

Persons: Donald Trump, Trump, —, Jack Smith, Sarah Krissoff, Day Pitney, Krissoff, Smith, Jonathan Turley, Vivek Ramaswamy, Chris Christie, Bill Barr, Aileen Cannon, Ken White, Insider's Nich Carlson, Cannon, Trump's Organizations: Truth, Service, GOP, Washington Post, Department of Justice, Southern, of, Day, DOJ, Department, Justice, Trump, Fox News, New, New Jersey Gov, Fox, Public, Unit, Democrats, Republicans, Mar Locations: of New York, New Jersey, Lago

☆ Justice Department will likely try to have Trump incarcerated if he's convicted in Mar-a-Lago case, national security lawyer says
▼ + stars: | 2023-06-10 | by ( Insider Staff | Sarah Gray | ) www.businessinsider.com time to read: +4 min

DOJ will seek incarceration for Trump, a national security attorney and former US prosecutor say. McClanahan said evidence in the indictment was laid out to show "that this is a kingpin who knowingly broke the law, endangered national security, endangered nuclear weapon security, endangered other countries' national security." In this case, that looks likely to be US District Judge Aileen Cannon, who Trump appointed. It's more likely that, if convicted, he'd be sentenced to house arrest with an ankle monitor, McClanahan said. "Trump can share that information that is in his head whether he is incarcerated or not incarcerated," she said.

Persons: —, Donald Trump, Kel McClanahan, Jack Smith's, McClanahan, Jonathan Turley, Chris Christie, Trump, Sarah Krissoff, Pitney, Krissoff, Aileen Cannon, there's, It's, he'd Organizations: Trump, Service, Department, Justice, George Washington University, Fox News, New, New Jersey Gov, Politico, Pitney LLP, of, DOJ, Department of Justice Locations: New Jersey, Southern, of New York, Bedminster , New Jersey

Cohen pleaded guilty to violating federal campaign finance law in 2018 over the payment to Daniels, though Trump was not charged with a crime then. It is unclear what additional evidence, if any, Bragg may have presented to the grand jury in support of the indictment. Bragg told reporters on Tuesday that the law does not require his office to specify the underlying crimes in the indictment. That could help Bragg's office demonstrate to a jury Trump intended to commit a crime, other legal experts said. The indictment also left some lingering doubts as to how prosecutors would prove Trump intended to commit a crime.

A grand jury of New Yorkers has brought charges against the former president, Trump's lawyer Susan Necheles said on Thursday. The inquiry opened and shut so many times that it came to be known as a "zombie case," Pomerantz said. In the federal case, Cohen pleaded guilty to campaign finance violations and testified that Trump directed him to pay Daniels and another woman. 'BACK INTO THE GRAVE'After hiring an outside law firm for advice, Vance's office decided not to bring any charges, Pomerantz wrote. "The 'zombie' case," Pomerantz wrote, "went back into the grave."

The inquiry opened and shut so many times that it came to be known as a "zombie case," Pomerantz said. "The bottom line for me was that the 'zombie' case was very strong," Pomerantz wrote. In the federal case, Cohen pleaded guilty to campaign finance violations and testified that Trump directed him to pay Daniels and another woman. 'BACK INTO THE GRAVE'After hiring an outside law firm for advice, Vance's office decided not to bring any charges, Pomerantz wrote. "The 'zombie' case," Pomerantz wrote, "went back into the grave."

[1/4] The logo of FTX is seen at the entrance of the FTX Arena in Miami, Florida, U.S., November 12, 2022. Companies facing wide-ranging investigations often hire pool counsel for employees. The use of pool counsel suggests that federal prosecutors in Manhattan probing FTX's collapse may be interested in questioning a deep roster of employees. The use of pool counsel enables a single legal team to gain expertise in the case, making it more efficient than having each employee retain individual lawyers, Krissoff said. The arrangement does not mean Covington is representing FTX, which has turned to Sullivan & Cromwell, another law firm.

LOS ANGELES — One Hollywood star claimed he was arrested and charged on multiple counts of rape by police and prosecutors who are biased against his church. Another prominent Hollywood figure charged with rape contends he was set up by members of a church he has publicly renounced. In both cases, the church in question is the Church of Scientology. Haggis denied Breest’s rape allegation in a counter-complaint and accused her and her lawyer of trying to extort $9 million from him. “She decided she had to do something.”In the Masterson case, he and his accusers are all current or former members of the Church of Scientology.

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