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Search resuls for: "Mark Kasten"


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He plastered FTX's logo on a basketball arena in Miami and on MLB baseball umpires' uniforms. Prosecutors say Bankman-Fried directed Wang to change FTX's computer code to allow Alameda to borrow unlimited sums of money, a privilege other exchange users lacked. Bankman-Fried's defense lawyers have indicated in court papers that they plan to challenge the credibility of all three witnesses. "The question is, when did Bankman-Fried know that there wouldn't be enough money?" Reporting by Luc Cohen in New York; Editing by Amy Stevens and Daniel WallisOur Standards: The Thomson Reuters Trust Principles.
Persons: Sam Bankman, Eduardo Munoz, Fried, Jane Street, FTX, Damian Williams, Forbes, Bankman, It's, Mark Kasten, Buchanan Ingersoll, Rooney, Caroline Ellison, Gary Wang, Nishad Singh, Wang, Singh, Ellison, District Judge Lewis Kaplan, Paul Tuchmann, Wiggin, Dana, Luc Cohen, Amy Stevens, Daniel Wallis Organizations: REUTERS, U.S, Wall, Alameda Research, MLB, Prosecutors, Attorney, Bankman, Alameda, District, New York Times, Thomson Locations: New York, U.S, Manhattan, Miami, Alameda, Bahamas
He got a modest victory on Wednesday night when prosecutors decided to drop a campaign finance charge claiming the former billionaire illegally directed associates to donate millions of dollars to political campaigns. Mark Kasten, a lawyer at Buchanan Ingersoll & Rooney in Philadelphia, said dropping the campaign finance charge could help Bankman-Fried by letting his lawyers "focus their narrative" on the fraud case. "Jurors have a visceral reaction to campaign finance charges: campaign finance charges are crimes on the public, and jurors themselves are indirect victims," he said. Ellison, the former chief executive of Bankman-Fried's crypto-focused hedge fund Alameda Research, pleaded guilty to fraud charges and is expected to testify against him. Nishad Singh, FTX's former director of engineering, pleaded guilty to fraud and campaign finance charges, saying he used transfers from Alameda to make political donations in part to bolster Bankman-Fried's and FTX's political influence.
Persons: Buchanan Ingersoll, Rooney, Sam Bankman, Caroline Ellison, FTX, Fried, Bankman, Mark Kasten, Ellison, Nishad Singh, FTX's, Gary Wang, Luc Cohen, Chris Reese Organizations: New York Times, U.S, Bankman, Alameda Research, Thomson Locations: Manhattan, Bahamas, Philadelphia, Alameda, New York
But legal experts said Bankman-Fried's odds of getting the charges dismissed remain slim. Days later, the U.S. Supreme Court invalidated that theory known as "right to control" when it overturned the conviction of a Buffalo construction executive accused of bid-rigging. The Court said the theory is "inconsistent with the structure and history of the federal fraud statutes." Officials say Bankman-Fried portrayed FTX as a safe, responsible platform in the volatile sector, even as he was diverting customer funds. Even if the bank fraud count is dismissed, Bankman-Fried would still face 12 other counts at his Oct. 2 trial.
Former FTX technology chief Gary Wang and Caroline Ellison, formerly the CEO of Bankman-Fried's Alameda Research hedge fund, had each previously pleaded guilty and are cooperating. Bankman-Fried previously pleaded not guilty to stealing billions of dollars in FTX customer funds to plug losses at Alameda. The 31-year-old former billionaire and his lawyers have suggested they will attempt to shift blame onto Ellison and dispute her expected testimony at his Oct. 2 trial. In unveiling the new charges in a superseding indictment, prosecutors dismissed the idea that Bankman-Fried was in the dark about his former colleagues' crimes. Despite the hurdles, experts said Bankman-Fried will still likely dispute that he knew former members of his inner circle were breaking the law, Kasten said.
"It's a pretty simple deception," said Shane Stansbury, a professor at Duke University School of Law and former Manhattan federal prosecutor. The debate matters to cryptocurrency companies because it could determine which agency regulates the trading of digital assets. Both have pleaded not guilty and argued the charges should be dismissed because insider trading charges must involve securities or commodities. In bringing wire fraud charges in both cases, prosecutors avoided taking a position on how cryptocurrencies or NFTs should be classified. It is unlikely Bankman-Fried's lawyers will attempt a similar argument because the wire fraud charges are more straightforward, Kasten said.
Sam Bankman-Fried entered a plea of not guilty to the fraud and conspiracy charges against him, according to reports. If Bankman-Fried doesn't reach a deal with the government, the case would head to a trial. "Just because he enters a plea of not guilty, it doesn't mean he's not working with prosecutors." How those cases proceed would also depend on the course of the criminal case. A criminal trial, for instance, could help him put civil suits against him on hold.
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