UNCHAINED: Why These Lawyers Say It's Over for SBF--But His Only Hail Mary Is to Testify
CoinDesk Podcast Network
CoinDesk
4.8 • 689 Ratings
🗓️ 18 October 2023
⏱️ 75 minutes
🧾️ Download transcript
Summary
Attorneys Samson Enzer and Greg Strong say Caroline Ellison’s testimony against Sam Bankman-Fried was damning. They agree one thing could turn it around: SBF’s own testimony. However, that runs the risk of increasing his sentence.
Samson Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLX Law, dissect the second week of the criminal trial of Sam Bankman-Fried. At this point, the prosecution’s star witness, former Alameda Research CEO Caroline Ellison, has testified, as well as another prominent insider, co-founder Gary Wang. But both Enzer and Strong believe that it’s already over for the defense, but agree that the only thing that could turn it around is testimony from SBF himself—but that runs the risk of the defendant significantly increasing his sentence.
Find out how they thought the more salacious details of Ellison’s testimony, concerning alleged bribes to Chinese government officials, would affect the jury, and why Enzer believes introducing that testimony may have been risky for the government.
Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform.
Show highlights |
- Whether the prosecution gave the defense any fodder for its failed entrepreneur theory
- How SBF and Ellison’s romantic relationship could affect the jury’s deliberations
- The jury’s reaction to Ellison saying SBF’s belief was that “don’t lie, don’t steal” didn’t fit into his philosophy of utilitarianism
- Why the defense didn’t object to the mention of alleged bribes to Chinese government officials the first time
- Why the defense attorney complain about photos shown of SBF and his hair
- How the jury might react to the testimony involving alleged Chinese government bribes, Thai prostitutes, and Saudi prince
- How Ellison crying in her testimony could affect the jury
- Why the defense didn’t ask Ellison about not hedging
- Why the cross-examination of Gary Wang of was limited in its success for the defense
- What caused a moment of tension between Zac Prince and the defense
- Why Greg and Sam think SBF shouldn’t testify, but believe it’s his only, very risky, chance
- If convicted, how many years do they think SBF’s prison sentence will be?
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Guests |
Sam Enzer, partner at Cahill Gordon & Reindel.
Previous appearances on Unchained:
SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case
SBF’s Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? - Unchained Crypto
Greg Strong, partner at DLx Law
Links |
Previous coverage by Unchained on the trial of Sam Bankman-Fried:
How Heated Sidebars During the SBF Trial Could Impact the Jury’s Decision
SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF’s Family
SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact
SBF Trial, Day 4: SBF’s Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda’s Special Privileges
Sam Bankman-Fried Trial: Here's Everything That Happened So Far
SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison?
SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life'
SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness?
SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges
SBF’s Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?
Did Sam Bankman-Fried Have Intent to Defraud FTX Investors?
Here’s How Sam Bankman-Fried’s High-Stakes Trial Could Play Out
SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case
The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect
Go deeper into the trial |
Unchained:
In the SBF Case, Elite Corruption Is What’s Really on Trial
Cooperating Witnesses in the SBF Trial May Get Little to No Prison Time
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Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz.
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Transcript
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| 1:06.5 | I have a different take on this one. I think that the government did not need this testimony, |
| 1:12.7 | that they have better points to make that are directly related to the crime. |
| 1:16.2 | 404B evidence is very risky from an appellate perspective. The Court of Appeals wants to make sure |
| 1:23.7 | defendant gets a fair trial and that their jury is not prejudiced by evidence |
| 1:27.7 | of things that are not charged. Now, look, I think that the evidence here is overwhelming. |
| 1:33.5 | I don't think there's actually a risk of a reversal. But part of trying a good case, when you're |
| 1:41.4 | the government or a defense, but more especially when you're in the government, is to protect your advantage and not get ahead of your skis and take risks |
| 1:49.5 | you don't need to take. |
| 1:54.8 | Hi, everyone. Welcome to Unchained, your no-hype resource for all things crypto. I'm your host, |
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