Samuel Bankman-Fried, founder of the collapsed cryptocurrency exchange FTX, took the stand at his trial on Friday. AFP
Samuel Bankman-Fried, founder of the collapsed cryptocurrency exchange FTX, took the stand at his trial on Friday. AFP
Samuel Bankman-Fried, founder of the collapsed cryptocurrency exchange FTX, took the stand at his trial on Friday. AFP
Samuel Bankman-Fried, founder of the collapsed cryptocurrency exchange FTX, took the stand at his trial on Friday. AFP

Sam Bankman-Fried tells jury he did not defraud FTX customers


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“The defence calls Sam Bankman-Fried.”

The words hung in the air inside the hushed federal courtroom. Every eye fixed on the defendant.

Mr Bankman-Fried rose to his feet shortly before 10am and raised his right hand. Then, in the same boyish voice that won over the cryptocurrency world, the man known as SBF began to speak.

“Did you defraud anyone?” his lawyer, Mark Cohen asked.

“No, I did not,” Mr Bankman-Fried answered.

“Did you take customer funds?” Mr Cohen clarified. “No,” he said.

For the first time, the 12 jurors heard Mr Bankman-Fried tell his story about the collapse of the FTX empire.

For the next five hours, Mr Bankman-Fried largely painted himself as a disengaged chief executive, who did not code, oversee Alameda or do little more than skim the company's terms of service.

“I wish I had a better understanding than I did,” he told the jury. “I wasn’t entirely sure what was happening.”

Still, he acknowledged that “a lot of people got hurt” and that he made some mistakes.

Mr Bankman-Fried faces decades in prison on charges that he directed the transfer of FTX customer money into Alameda Research, an affiliated hedge fund, for risky investments, political donations and expensive property before both companies went into bankruptcy last year.

After so many turned against him, Mr Bankman-Fried resorted to the one witness that he was sure would defend him at his criminal trial: himself.

Whatever the verdict, Mr Bankman-Fried’s testimony will go down as a signature episode in one of the most dramatic corporate implosions in recent memory.

Mr Bankman-Fried is accused of orchestrating one of the biggest frauds of all time.

Friday’s testimony was the long-anticipated climax of the month-long trial in Lower Manhattan. In his testimony, Mr Bankman-Fried essentially reiterated that it was all a mistake.

Sam Bankman-Fried – in pictures

  • Former FTX chief executive Sam Bankman-Fried arrives on the day of his hearing at Manhattan federal court in New York. Reuters
    Former FTX chief executive Sam Bankman-Fried arrives on the day of his hearing at Manhattan federal court in New York. Reuters
  • Mr Bankman-Fried faces fraud charges over the collapse of the FTX cryptocurrency exchange. AP
    Mr Bankman-Fried faces fraud charges over the collapse of the FTX cryptocurrency exchange. AP
  • Mr Bankman-Fried pleaded not guilty to charges that he cheated investors and looted customer deposits on his cryptocurrency trading platform. EPA
    Mr Bankman-Fried pleaded not guilty to charges that he cheated investors and looted customer deposits on his cryptocurrency trading platform. EPA
  • Mr Bankman-Fried is facing federal charges that he illegally used money from investors for personal gain. Reuters
    Mr Bankman-Fried is facing federal charges that he illegally used money from investors for personal gain. Reuters
  • The FTX Group has installed a new chief executive as Mr Bankman-Fried deals with his legal challenges. Reuters
    The FTX Group has installed a new chief executive as Mr Bankman-Fried deals with his legal challenges. Reuters
  • Mr Bankman-Fried was extradited to the US from the Bahamas in December. AP
    Mr Bankman-Fried was extradited to the US from the Bahamas in December. AP
  • The FTX Group has filed for bankruptcy and has begun an 'orderly process to review and monetise assets for the benefit of all global stakeholders'. AFP
    The FTX Group has filed for bankruptcy and has begun an 'orderly process to review and monetise assets for the benefit of all global stakeholders'. AFP
  • Mr Bankman-Fried was arrested on December 13, 2022, in the Bahamas after being served with several US criminal charges. AFP
    Mr Bankman-Fried was arrested on December 13, 2022, in the Bahamas after being served with several US criminal charges. AFP
  • Mr Bankman-Fried lost much of his wealth in the FTX collapse. AP
    Mr Bankman-Fried lost much of his wealth in the FTX collapse. AP
  • The US accuses Mr Bankman-Fried of committing one of the biggest financial frauds in history. Reuters
    The US accuses Mr Bankman-Fried of committing one of the biggest financial frauds in history. Reuters
  • Mr Bankman-Fried, seen here in February 2021, has testified on Capitol Hill about cryptocurrency policy. AFP
    Mr Bankman-Fried, seen here in February 2021, has testified on Capitol Hill about cryptocurrency policy. AFP

Old colleagues

He attempted to cast doubt on testimony from his former colleagues and friends: Alameda chief executive Caroline Ellison, FTX’s former head of engineering Nishad Singh, and Gary Wang, a co-founder of the exchange.

All three, who have pleaded guilty to fraud and co-operated with prosecutors, said Mr Bankman-Fried was the one calling the shots when customer funds were misused.

Mr Bankman-Fried testified that he urged Ms Ellison to hedge Alameda’s positions, to no avail.

He said that in June 2022, she told him she was concerned the hedge fund had gone bankrupt but “was not very confident”.

After a few hours of Mr Singh, Mr Wang and former FTX coder Adam Yedidia investigating the situation, Mr Bankman-Fried said he was told there was a “bug” overestimating Alameda liabilities by $8 billion.

He recalled Ms Ellison saying that adjusting for the bug meant Alameda’s net asset value was actually between $8 billion and $10 billion.

Mr Bankman-Fried said because of this he was surprised to learn later that Alameda actually owed FTX around $8 billion and that he was not aware the balance was being tracked through an account called fiat@ftx.com.

In total, that meant the hedge fund owed $10 billion because its main account also had a negative balance of about $2 billion.

“I was very surprised,” he testified, contradicting testimony of his former inner circle, who said he was well aware of the fiat@ account and knew it was tracking Alameda’s access to customer funds.

Caroline Ellison, chief executive of crypto hedge fund Alameda Research, departs the trial of former FTX chief executive Sam Bankman-Fried, who is facing fraud charges over the collapse of the bankrupt cryptocurrency exchange, in New York City. Reuters
Caroline Ellison, chief executive of crypto hedge fund Alameda Research, departs the trial of former FTX chief executive Sam Bankman-Fried, who is facing fraud charges over the collapse of the bankrupt cryptocurrency exchange, in New York City. Reuters

‘Freakoutedness’

Mr Cohen asked Mr Bankman-Fried about his concerns that Alameda had too much risk in August 2022 and a note that Ms Ellison wrote listing “things Sam is freaking out about”. He asked Mr Bankman-Fried if he was freaking out at the time.

“I don’t tend to show a lot of freakoutedness, but relative to my standard, yes,” he said.

Mr Bankman-Fried maintained that the collapse of his crypto exchange resulted from wrong-headed decisions rather than wrongdoing.

He said that “by far the biggest mistake” FTX made was not hiring a chief risk officer. The purpose of creating FTX was to “build the best product on the market”, he testified. “It turned out basically the opposite of that.”

Earlier, Mr Bankman-Fried’s lawyers assured the judge that their client was receiving the appropriate dose of Adderall to help him focus.

Mr Bankman-Fried described himself as “somewhat introverted” and claimed he became the public face of FTX by “accident at first”.

Blame game

His testimony included numerous mentions of other people, a sign that he was not working alone or in charge of everything at FTX and Alameda.

The former FTX chief executive said that while he had ultimate supervisory authority over Mr Singh and Mr Wang, they often made coding decisions on their own.

“I am not a programmer myself,” he said.

By far the biggest mistake FTX made was not hiring a chief risk officer. The purpose of creating FTX was to build the best product on the market. It turned out basically the opposite of that
Sam Bankman-Fried,
founder of FTX

When asked about his relationship with Ms Ellison, he treated the topic gently. He said their on-and-off romantic relationship ended because he “didn’t have the time or the energy to put in what I think she wanted”.

Jurors paid closed attention as Mr Bankman-Fried told the story of meeting Mr Wang in college, his early work at Jane Street Capital, and launching Alameda in Berkeley, California.

Interest faded when he embarked into explaining the technical details of trading at FTX, company policies and crypto markets.

He told jurors about his time at the Massachusetts Institute of Technology, which he attended from 2010 through 2014. He called the co-ed fraternity Epsilon Theta he belonged to “nerdy and dry”.

There were “lots of board games, no drinking”, he recalled.

The testimony mirrors points raised by Mr Cohen in his opening statement, in which he portrayed his client as a hard worker, who never drank and never intended to defraud anyone – unlike the “cartoon villain” he claimed prosecutors were trying to make him out to be.

The former crypto mogul said he was not good at naming things and the hedge fund ultimately became Alameda Research because it was just a generic name that made sense given that Berkeley was located in Alameda County.

That comment drew a smile from his father, Joe Bankman, who sat in the second row of the courtroom with his mother, Barbara Fried. The two passed notes back and forth throughout their son’s testimony on a legal pad.

Experience

Mr Bankman-Fried tried to portray himself and the others at Alameda as youngsters with no concept of how to run a business.

“These were 25-year-olds who had no experience in starting a company,” he said.

The government successfully objected to that line of testimony, however, cutting his comments short.

Mr Bankman-Fried confirmed that Alameda had a line of credit and could borrow from FTX, the central focus of prosecutor’s case. But he said that Alameda provided bids for crypto trades, and FTX would often give other so-called market makers lines of credit to “make it more efficient for them” to send buy and sell orders.

Mr Bankman-Fried claimed that he knew roughly the amount Alameda was using but “was not aware of a theoretical maximum”.

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Our legal consultants

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

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Bio

Born in Dibba, Sharjah in 1972.
He is the eldest among 11 brothers and sisters.
He was educated in Sharjah schools and is a graduate of UAE University in Al Ain.
He has written poetry for 30 years and has had work published in local newspapers.
He likes all kinds of adventure movies that relate to his work.
His dream is a safe and preserved environment for all humankind. 
His favourite book is The Quran, and 'Maze of Innovation and Creativity', written by his brother.

Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

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Updated: October 28, 2023, 5:11 AM