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In a recent development, U.S. prosecutors have advocated for a substantial prison sentence of 40-50 years for Sam Bankman-Fried, the former CEO and founder of FTX, concerning his conviction on fraud and conspiracy charges related to the collapse of a once-prominent cryptocurrency exchange. The Department of Justice’s Southern District of New York office, in a sentencing memorandum filed on Friday, asserted that Bankman-Fried had deceived investors, circulated counterfeit documents, and funnelled illicit donations into the political arena, warranting a lengthy prison term and a recommended penalty exceeding $11 billion in forfeiture.
According to the prosecutors, Bankman-Fried’s actions warrant severe consequences commensurate with his pivotal role in the significant fraudulent activities. They emphasised the need for a sentence that reflects the grave harm inflicted upon numerous victims, prevents the recurrence of fraud by the defendant, and serves as a deterrent to others contemplating financial misconduct.
The prosecutors deemed their request for an $11 billion judgement as conservative, citing the seizure of over a billion dollars already. They highlighted efforts to reclaim Bankman-Fried’s funds, particularly targeting political contributions made during the previous U.S. elections, which they described as potentially the largest campaign finance violation ever. Notably, numerous candidates have returned more than $3 million in donations.
In their memo, the prosecutors referenced past sentences for defendants involved in massive financial schemes, such as Bernie Madoff, and proposed a detailed forfeiture order outlining the sources of the funds, including seized bank accounts, assets from various cryptocurrency exchanges, and proceeds from stock sales.
The memorandum extensively detailed evidence from Bankman-Fried’s trial, alleging that he knowingly engaged in illegal activities while disregarding legal constraints. Testimony from witnesses, including former associates, suggested instances of bribery and financial manipulation, further strengthening the prosecution’s case.
Bankman-Fried was convicted on multiple counts of fraud and conspiracy last November, linked to the operations of FTX and Alameda Research, companies he had established. His sentencing is scheduled for March 28, with the defence team advocating for a significantly shorter six-year term, a plea the prosecution strongly opposes, deeming it inadequate.
The prosecutors also challenged the defence’s assertion that FTX creditors are likely to recover most of their funds, contending that Bankman-Fried’s actions have hindered rather than aided these efforts.
In addition to their argument, the prosecutors included supporting exhibits, including direct messages and documents, to bolster their case. These materials shed light on Bankman-Fried’s purported strategies in dealing with FTX’s bankruptcy, revealing a range of options and tactics, which the prosecution argues demonstrate a disregard for legal and ethical standards.
Ultimately, the prosecution painted a picture of Bankman-Fried as a figure driven by a sense of superiority, disregarding societal norms and laws, thereby justifying the severity of the proposed sentence.