Awaiting Sentencing: Convicted FTX Cryptocurrency Scammer
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On Thursday, Sam Bankman-Fried will discover the duration of his prison term, four months subsequent to his conviction for engineering a fraud of several billion dollars that led to the demise of the FTX cryptocurrency platform.
Convicted by a jury in New York, Bankman-Fried, at age 32,
faced judgment
in November. He was found guilty on each of the two fraud counts and five conspiracy counts levelled against him. He remains incarcerated in Metropolitan Detention Center, Brooklyn, with bail denied due to purported witness tampering.
Prosecutors are advocating for a
prolonged incarceration for Bankman-Fried, potentially spanning up to half a century, compared to the full 110 years implied by his guilty verdict. This stance is rare in the absence of a prior criminal record, points out Columbia Law’s Prof. John Coffee, an expert in white-collar criminal defense.
Despite his privileged background and the significant financial harm to defrauded parties, the prosecutors, in favor of a stringent sentence, stress Bankman-Fried’s blatant flouting of the legal standards.
Prosecutors,
in their own words,
have articulated that his actions show “a brazen disrespect for the rule of law,” governed by his ego and belief in his exception from societal norms.
In contrast, the defense team for Bankman-Fried suggests a sentence not exceeding 6½ years, arguing in
their filing
for leniency based on his mental health and purported risk in prison.
They maintain that FTX customers ultimately didn’t suffer losses, though John Ray, overseeing the exchange’s current affairs,
counters this claim.
Bitcoin’s resurgence in value doesn’t alter the fact that FTX victims are limited to the asset prices at the time of the platform’s insolvency.
Judge Lewis Kaplan’s determination of the sentence may be impacted by Bankman-Fried’s perceived indifference towards the gravity of his actions, suggests Prof. John Coffee.
The decision on where Bankman-Fried will serve his time will be made by a Bureau of Prisons official, and although parole is not an option in federal cases, potential sentence reduction for good behavior could be slight, according to Coffee.
The reality remains, as Coffee remarks, that Bankman-Fried is looking at substantial incarceration.
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