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What is going on with Sam Bankman-Fried’s defense?

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Former FTX CEO Sam "SBF" Bankman-Fried has been on trial since Oct. 3, but his legal counsel has yet to present a compelling narrative to support his defense.

Former FTX CEO Sam "SBF" Bankman-Fried has been on trial since Oct. 3 in a federal court in New York, accused of seven counts of fraud and conspiracy to commit fraud on FTX investors and customers. As expected, the Department of Justice (DOJ) is employing a forceful legal approach to demonstrate his offenses, while Bankman-Fried’s defense is offering minimal resistance so far.

The defense team representing Bankman-Fried includes two attorneys with experience handling high-profile cases. Mark Cohen and Christian Everdell are two former federal prosecutors who also defended Ghislaine Maxwell, convicted of sex trafficking in 2021 for her association with Jeffrey Epstein. In spite of their experience, they haven’t performed at their best lately.

Through the defense counsel, jurors have been presented to Bankman-Fried as a young entrepreneur who made serious mistakes during the company’s rapid growth. According to Cohen’s opening statement, FTX was a startup lacking appropriate infrastructure, just as any other startup. "There was no theft," Cohen said.

Prosecutors have been making their case to prove otherwise. Pieces of evidence presented last week include changes made to FTX's code by Bankman-Fried’s request on July 31, 2019. These changes would grant Alameda Research special privileges as a client of FTX, including exemption from the liquidation engine, and the ability to have an unlimited negative balance on the exchange.

Also on July 31, 2019, however, Bankman-Fried took to Twitter to claim that Alameda’s account was “just like everyone else's," downplaying allegations of conflicts of interest:

Alameda is a liquidity provider on FTX but their account is just like everyone else's. Alameda's incentive is just for FTX to do as well as possible; by far the dominant factor is helping to make the trading experience as good as possible.

— SBF (@SBF_FTX) July 31, 2019

Prosecutors used witnesses’ testimony, screenshots of FTX code and tweets to show that Bankman-Fried deliberately lied to investors, journalists and clients. Meanwhile, his defense counsel has said little, arguing that Alameda’s role as a market maker required it to have special privileges and that the relationship between them was legal.

It's fair to note that prosecutors have the burden of proving the alleged crimes, meaning prosecutors must present evidence to support the allegations and convince the jury about the crimes committed. This concept protects defendants from being held liable or convicted without substantial evidence and ensures that they are presumed innocent until proven guilty.

Related: Sam Bankman-Fried goes on trial: A week in review

Bankman-Fried's counsel hasn't provided much in the way of alternative theories to explain the evidence or mitigate accusations. It also lacks a strong narrative, an essential component in any trial that can be pivotal in influencing a verdict. The defense team, headed by Cohen, has yet to yield significant storytelling, despite reportedly charging millions of dollars to handle Bankman-Fried's case. Bankman-Fried's arrest in August after his bail was revoked for allegedly tampering with witnesses also hindered his defense.

The most aggressive approach from Cohen's team has been to deny the credibility of witnesses, specifically Bankman-Fried’s former close friends such as Adam Yedidia and Gary Wang, both considered critical witnesses for prosecutors. Yedia and Wang pleaded guilty to fraud and conspiracy charges and have been cooperating with the DOJ since December 2022.

During the second day of trial, Cohen stated that the prosecution paints Bankman-Fried as the sole architect of the errors resulting in FTX's bankruptcy, a claim he strongly refutes. According to him, Bankman-Fried took reasonable steps in good faith, while trusting his inner circle to handle any storm. Moreover, the defense has briefly pointed to Binance's CEO Changpeng Zhao role in the bank run of early November.

b07d5044-7d33-44c2-9ff8-6d1ca430f560.jpgSam Bankman-Fried's defense counsel arrives at court on Oct. 4. Source: Ana Paula Pereira, Cointelegraph

"The severity of the sentence would largely depend on the specific charges and the evidence presented during the trial," Joshua Garcia, Partner at Ketsal, told Cointelegraph. A possible appeal in the case would require his defense team to "identify legal errors or misconduct during the original trial." According to Garcia, the appeal process "can be lengthy and involves a review of the trial proceedings and the application of legal principles."

Another attorney observing the trial highlighted that when a case is initiated by the government, there is a 95% likelihood of indictment, underscoring the significant challenge faced by the defense.

As the trial unfolds, Bankman-Fried, known for his creative and aggressive marketing approach, will have to remain silent, restrain his instinctive leg-shaking, and rely on his defense team’s efforts.

Magazine: Blockchain detectives — Mt. Gox collapse saw birth of Chainalysis

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  • 14.10.25 08:46 robertalfred175

    CRYPTO SCAM RECOVERY SUCCESSFUL – A TESTIMONIAL OF LOST PASSWORD TO YOUR DIGITAL WALLET BACK. My name is Robert Alfred, Am from Australia. I’m sharing my experience in the hope that it helps others who have been victims of crypto scams. A few months ago, I fell victim to a fraudulent crypto investment scheme linked to a broker company. I had invested heavily during a time when Bitcoin prices were rising, thinking it was a good opportunity. Unfortunately, I was scammed out of $120,000 AUD and the broker denied me access to my digital wallet and assets. It was a devastating experience that caused many sleepless nights. Crypto scams are increasingly common and often involve fake trading platforms, phishing attacks, and misleading investment opportunities. In my desperation, a friend from the crypto community recommended Capital Crypto Recovery Service, known for helping victims recover lost or stolen funds. After doing some research and reading multiple positive reviews, I reached out to Capital Crypto Recovery. I provided all the necessary information—wallet addresses, transaction history, and communication logs. Their expert team responded immediately and began investigating. Using advanced blockchain tracking techniques, they were able to trace the stolen Dogecoin, identify the scammer’s wallet, and coordinate with relevant authorities to freeze the funds before they could be moved. Incredibly, within 24 hours, Capital Crypto Recovery successfully recovered the majority of my stolen crypto assets. I was beyond relieved and truly grateful. Their professionalism, transparency, and constant communication throughout the process gave me hope during a very difficult time. If you’ve been a victim of a crypto scam, I highly recommend them with full confidence contacting: 📧 Email: [email protected] 📱 Telegram: @Capitalcryptorecover Contact: [email protected] 📞 Call/Text: +1 (336) 390-6684 🌐 Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

  • 15.10.25 18:07 crypto

    Cryptocurrency's digital realm presents many opportunities, but it also conceals complex frauds. It is quite painful to lose your cryptocurrency to scam. You can feel harassed and lost as a result. If you have been the victim of a cryptocurrency scam, this guide explains what to do ASAP. Following these procedures will help you avoid further issues or get your money back. Communication with Marie ([email protected] and WhatsApp: +1 7127594675) can make all the difference.

  • 15.10.25 21:52 harristhomas7376

    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

  • 15.10.25 21:52 harristhomas7376

    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

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