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Sam Bankman-Fried’s lawyer struggles in cross-examination of the government’s key witness

by Chloe Baker
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fraud trial

During the cross-examination of the government’s key witness, Caroline Ellison, who is the former girlfriend of FTX founder Sam Bankman-Fried, there were noticeable challenges faced by Bankman-Fried’s lead defense attorney, Mark Cohen. This occurred on Thursday and left both the judge and the public uncertain about the defense team’s strategy to counter Ellison’s testimony.

Caroline Ellison had testified extensively over the previous two days, asserting that Bankman-Fried had directed her on multiple occasions to withdraw funds from FTX customer accounts for the purpose of financing investments and trading strategies at Bankman-Fried’s cryptocurrency hedge fund, Alameda Research. Notably, Ellison was the CEO of Alameda at the time of its collapse alongside FTX in November of the prior year.

Throughout her testimony, Ellison detailed how she had repeatedly utilized customer deposits from FTX to address issues at the hedge fund or the exchange. These withdrawals from FTX accounts were used for various purposes, including new investments, political contributions, or concealing significant losses on Alameda’s financial records, all allegedly done under Bankman-Fried’s instructions.

It’s important to mention that Caroline Ellison, aged 28, had pleaded guilty to fraud charges in December, coinciding with Bankman-Fried’s extradition to the United States from the Bahamas. Bankman-Fried, aged 31, formerly held the majority ownership and the role of CEO at FTX until the cryptocurrency exchange declared bankruptcy on November 11. He has consistently pleaded not guilty to the fraud charges against him.

Mark Cohen, as Bankman-Fried’s chief defense attorney, was anticipated to shift the blame for Alameda’s problems onto Ellison during his cross-examination, aligning with his earlier trial statement that Bankman-Fried was not involved in fraud but rather attempting to resolve difficulties primarily caused by his subordinates.

However, Cohen appeared to face difficulties during his questioning of Ellison. He failed to challenge her testimony effectively, frequently changing the subject and shifting discussion dates seemingly without clear direction. At certain points, he acknowledged errors, such as referencing incorrect documents, and paused, admitting to losing his place in the proceedings.

Judge Lewis A. Kaplan was compelled to interject on multiple occasions, seeking clarification from Cohen regarding the direction of his questions and the relevance of his statements.

After approximately an hour of cross-examining Ellison, Cohen suggested taking a break, which was granted.

It’s worth noting that Sam Bankman-Fried, initially under house arrest at his parents’ residence in Palo Alto, California, due to a $250 million bond requirement, has been incarcerated since August. This decision by Judge Kaplan followed allegations that Bankman-Fried had attempted to improperly influence potential witnesses, including Caroline Ellison.

Frequently Asked Questions (FAQs) about Cross-examination

What is the context of this text?

In this text, the context revolves around the cross-examination of Caroline Ellison, the former girlfriend of Sam Bankman-Fried, the founder of FTX. She is a key witness in a fraud trial involving allegations that Bankman-Fried directed the withdrawal of funds from FTX customer accounts for various purposes related to his cryptocurrency hedge fund, Alameda Research. The defense attorney, Mark Cohen, is facing challenges during the cross-examination.

Who is Sam Bankman-Fried, and what is his role in this case?

Sam Bankman-Fried is the founder of FTX and is facing allegations of fraud in this case. He was also the CEO and majority owner of FTX until the cryptocurrency exchange filed for bankruptcy. He has pleaded not guilty to the charges.

Who is Caroline Ellison, and why is her testimony important?

Caroline Ellison is a significant witness in the case. She is the former girlfriend of Sam Bankman-Fried and served as the CEO of Alameda Research. Her testimony alleges that Bankman-Fried instructed her to withdraw money from FTX customer accounts for various purposes related to Alameda Research, including investments and covering losses.

What are the main points of contention during the cross-examination?

During the cross-examination, the defense attorney, Mark Cohen, is attempting to challenge Caroline Ellison’s testimony. However, he faces difficulties in effectively countering her claims. He changes topics and dates, apologizes for referencing incorrect documents, and loses his place in the proceedings.

Why has Sam Bankman-Fried been incarcerated, and what led to it?

Sam Bankman-Fried has been incarcerated since August after Judge Lewis A. Kaplan concluded that he had attempted to improperly influence potential witnesses, including Caroline Ellison. This decision was made while he was initially under house arrest, following a $250 million bond requirement.

What is the broader significance of this trial?

The trial holds significance within the cryptocurrency and financial industries due to the involvement of Sam Bankman-Fried and the allegations of fraudulent activity related to FTX and Alameda Research. The outcome of the trial may have implications for the regulatory landscape of cryptocurrency exchanges and hedge funds.

More about Cross-examination

  • Sam Bankman-Fried: Information about Sam Bankman-Fried, founder of FTX.
  • FTX: Details about the cryptocurrency exchange FTX.
  • Alameda Research: The official website of Alameda Research, the cryptocurrency hedge fund mentioned in the text.
  • Judge Lewis A. Kaplan: Information about the judge overseeing the case.
  • Cryptocurrency: An overview of cryptocurrencies, which play a central role in this case.
  • Fraud Trial: General information about fraud trials and legal proceedings related to fraud.

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