FTX co-founder testifies against Sam Bankman-Fried, saying they committed crimes and lied to public

FILE – FTX founder Sam Bankman-Fried leaves Federal court, July 26, 2023, in New York. Jury selection begins Tuesday, Oct. 3 in a case in which the 31-year-old crypto mogul faces the possibility of a long prison term if convicted. Prosecutors say he cheated thousands of people who deposited cryptocurrency on the FTX exchange by illegally diverting massive sums of their money for his personal use, including making risky trades at his cryptocurrency hedge fund. (AP Photo/Mary Altaffer, File)

Prosecutors went to the heart of their case against FTX founder Sam Bankman-Fried on Thursday as the company’s co-founder began his testimony, telling a New York jury that he and Bankman-Fried committed financial crimes and lied to the public before the cryptocurrency trading platform collapsed last year.

Gary Wang, 30, said he committed wire, securities and commodities fraud as the chief technical officer at FTX after also sharing ownership in Alameda Research, a cryptocurrency hedge fund that he and Bankman-Fried started in 2017 and eventually used to withdraw $8 billion in FTX funds illegally. He said Bankman-Fried directed the illegal moves.

His assertions came on the second day of testimony at a trial expected to last up to six weeks as prosecutors try to prove that Bankman-Fried stole billions of dollars from investors and customers to buy luxury beachfront real estate, enrich himself and make over $100 million in political contributions aimed at influencing cryptocurrency regulation.

Bankman-Fried, 31, who has been jailed since August, was brought to the United States from the Bahamas last December after he was charged in Manhattan federal court. He has pleaded not guilty.

Before the trial began Tuesday, prosecutors promised to use testimony from Bankman-Fried’s “trusted inner circle” to prove he intentionally stole from customers and investors and then lied about it. Defense lawyers say Bankman-Fried had no criminal intent as he took actions to try to save his businesses after the cryptocurrency market collapsed.

In just over a half hour of testimony, Wang said he and Bankman-Fried allowed Alameda Research to withdraw unlimited funds from FTX “and we lied to the public.”

Wang said not only was Alameda Research permitted to maintain negative balances and unlimited open positions, but the computer code that controlled its operations was written to provide a line of credit of $65 billion, a number so large that Judge Lewis A. Kaplan questioned Wang briefly to ensure he was talking about billions rather than millions.

Wang testified that the special computer code features were directed by Bankman-Fried, a man he met over a decade ago at a high school summer camp after moving to the United States from China and growing up in Minnesota.

Source: https://apnews.com/article/bankman-fried-cryptocurrency-trial-3f42c055a8040ad8fb2edb4c7319f153

Judge at Trump’s NY civil fraud trial slams hand on bench, loses his cool during testimony: ‘This is ridiculous!’

The Manhattan judge deciding Donald Trump’s $250 million civil fraud trial lost his cool on Wednesday — slamming his hand on the bench and snapping, “This is ridiculous” — as the former president’s lawyers grilled his ex-accountant over inconsistent testimony.

The judge’s annoyed reaction came after Trump’s side claimed that Donald Bender, a partner at accounting firm Mazars USA, was evading their questions.

The attorneys had also repeatedly insisted they needed to meticulously go through Trump’s financial records with Bender “year by year.”

“Don’t waste time,” Manhattan Supreme Court Justice Arthur Engoron said sternly.

Trump attorney Jesus Suarez had spent part of Tuesday afternoon and all of Wednesday morning cross-examining Bender — and said he would continue with the questioning through the end of the day.

“This is ridiculous!” Engoron said, hitting his hand on the bench. “Mr. Bender isn’t on trial here.”

Another Trump attorney, Christopher Kise, said the only things Bender “seems to recall are what the government wants him to recall.”

Manhattan Supreme Court Justice Arthur Engoron lost his patience during former President Donald Trump’s civil fraud trial and warned Trump’s lawyers to not waste time.
Steven Hirsch

“We need to be allowed to parse the evidence — we didn’t bring this case,” Kise argued.

Alina Habba, also a Trump lawyer, chimed in, “We haven’t got one answer from him … he has no memory as we sit here.”

Kise conceded that they would try “to streamline” the cross-examination before the judge reiterated: “Let’s not waste time.”

Over the course of testimony Wednesday — the third day of trial in New York Attorney General Letitia James’ lawsuit — Engoron checked Trump’s legal team twice more, at one point suggesting they were pandering to the press and carrying out their defense as if a jury were present.

Trump’s lawyers accused accountant Donald Bender of evading their questions.
Photo by JEENAH MOON/POOL/AFP via Getty Images

“There is no jury here,” he said — reportedly prompting an exasperated response from Trump, 77, who threw his arms in the air while sitting with his attorneys at the defense table.

“Who are you talking to — me, the press or the audience?” Engoron asked Kise at another point.

Similarly, a lawyer for the AG’s Office was shocked to hear that Bender would be questioned by Trump’s side for the rest of the day.

“There’s no jury. I don’t know who we’re performing for,” the attorney was heard saying.

The 2024 Republican presidential front-runner — who has chosen to attend the trial since it kicked off in Lower Manhattan on Monday — left for Florida after Wednesday’s lunch break, CNN reported.

Trump was slated to go straight to the airport to head back to Mar-a-Lago, a source told the outlet.

It was not immediately clear if or when Trump would return to court, though he has said he would testify should he be called to the witness stand.

Engoron seemed in a lighter mood after the lunch break and cracked a joke about AG attorney Kevin Wallace’s birthday, saying: “Today is a very important day.”

When James — who has attended the whole trial so far — returned after lunch, she said that “the Trump show is over.”

James said Trump’s appearance at the civil trial — which he’s not required to attend, unlike in criminal cases — was a “political stunt” and a “fundraising stop.”

“I will not be bullied,” the AG said of the former president’s repeated personal attacks on her. “Justice will be served.”

In the afternoon, the AG’s Office interrupted Bender’s testimony to take a witness out of turn.

Camron Harris, an auditor at accounting firm Whitley Penn who handled Trump’s books in 2020, testified in the afternoon that “the client’s responsible” for the statement of financial condition – documents which James claims Trump lied on from 2011 through 2021.

Source: https://nypost.com/2023/10/04/judge-arthur-engoron-at-trumps-ny-civil-fraud-trial-loses-his-cool-during-testimony-this-is-ridiculous/

Microsoft C.E.O. Testifies That Google’s Power in Search Is Ubiquitous

Satya Nadella, Microsoft’s chief executive, testified on Monday that Google’s power in online search was so ubiquitous that even his company found it difficult to compete on the internet, becoming the government’s highest-profile witness in its landmark antitrust trial against the search giant.

In more than three hours of testimony in federal court in Washington, Mr. Nadella was often direct and sometimes combative as he laid out how Microsoft could not overcome Google’s use of multibillion-dollar deals to be the default search engine on smartphones and web browsers.

The internet was really the “Google web,” Mr. Nadella told the packed courtroom, adding that Google could now use its advantage and scale to build tools to dominate the emerging artificial intelligence industry.

The image of the chief executive of a leading tech rival — Microsoft is one of the world’s biggest public companies, valued at $2.4 trillion — saying it could not easily fight Google was striking. Mr. Nadella’s testimony underscored how entrenched Google has become in online search as the government seeks to prove that the company broke monopoly laws by striking anti-competitive deals to crush rivals.

Mr. Nadella’s appearance on the witness stand in the case — U.S. et al v. Google, which is the first monopoly trial of the modern internet era — was also a sign that the bitter rivalry between Microsoft and Google continues unfettered. Over more than two decades, the two companies have battled over online search, mobile computing, web browsing and cloud computing and dueled in multiple legal battles as they both became ever more powerful. Now the companies are locked in an increasingly intense fight over A.I.

“Despite my enthusiasm that there is a new angle with A.I., I worry a lot that this vicious cycle that I’m trapped in could get even more vicious,” Mr. Nadella said.

Regulators around the world have been working to rein in the power and reach of Google, Apple, Amazon and Meta, which owns Facebook, Instagram and WhatsApp. Last week, the Federal Trade Commission filed a lawsuit against Amazon, arguing it broke antitrust laws by squeezing merchants on its site. The F.T.C. has also filed an antitrust lawsuit against Meta, claiming it snuffed out nascent rivals, and the Justice Department has sued Google in a second case over its control of online advertising.

The 10-week Google trial is being closely watched as a referendum on whether the government can slow down Silicon Valley’s biggest companies. A Google victory could be a major rebuke of regulators who say the tech giants have too much sway over their customers, partners and start-up competitors.

At the heart of the government’s case against Google is the accusation that the company illegally cemented its monopoly in online search by paying to be the default search engine on browsers like Apple’s Safari and Mozilla’s Firefox, as well as on the home screen of smartphones. Google has argued that the default positions are not overwhelmingly powerful and that users can switch to a new search engine if they like.

But in court, Mr. Nadella said that argument was “bogus” because users generally don’t change their default search engine, even if they have the ability to do so.

“You get up in the morning, you brush you teeth and you search on Google,” he said.

Mr. Nadella said Microsoft had tried to win deals for the default positions on browsers and smartphones for Bing, its own search engine. But it had not been very successful, he said.

Microsoft introduced Bing to compete against Google in 2009. At the time, Microsoft began an aggressive public relations campaign against Google and both companies lobbied against the other with regulators in Europe and the U.S.

In 2016, the public mudslinging seemed to come to an end with Mr. Nadella and Google’s chief executive, Sundar Pichai, who were both new to their roles, declaring a détente. The rivalry had become a distraction, they said, and they had different priorities.

The testimony from Mr. Nadella showed their rivalry had continued. John Schmidtlein, Google’s lead litigator, said in his opening statement that the case was “really all about Microsoft.”

On Monday, Mr. Schmidtlein sought to undermine Mr. Nadella’s testimony by suggesting that Microsoft’s failure to compete with Google was the result of an inferior product and a lack of investment.

Mr. Schmidtlein hammered Mr. Nadella with questions about instances in which Bing had been the default on mobile phones only for users to switch back to Google. He noted that Mr. Nadella had referred to Google as “dominant,” and asked him if he could substitute for the word “popular.”

Mr. Nadella said that whether you “call it popular or dominant,” Microsoft was still competing against Google’s massive market share.

Source: https://dnyuz.com/2023/10/02/microsoft-c-e-o-testifies-that-googles-power-in-search-is-ubiquitous/

Testimony from Sam Bankman-Fried’s trusted inner circle will be used to convict him, prosecutors say

Testimony from FTX founder Sam Bankman-Fried’s “trusted inner circle” of former executives at his collapsed cryptocurrency empire will be used to prove at an October trial that he misappropriated billions of dollars from his investors to fuel his businesses, make illegal campaign contributions and enrich himself, prosecutors said Monday.

Prosecutors made the assertions in papers filed in Manhattan federal court, where Bankman-Fried is charged with defrauding investors in his businesses and illegally diverted millions of dollars’ worth of cryptocurrency from customers using his FTX exchange. He has pleaded not guilty.

The court filing, in which prosecutors describe evidence they plan to present to jurors, came three days after Bankman-Fried was sent to a federal jail in Brooklyn to await trial by Judge Lewis A. Kaplan, who said there was probable cause to believe he had tried to tamper with witness testimony at least twice since his December arrest.

It also came on the same day that prosecutors filed a streamlined indictment that contains the seven charges Bankman-Fried faces at the Oct. 2 trial — but there’s no longer a campaign finance charge for now, though it could go to trial later if they are found to conform with the terms of an extradition treaty with the Bahamas.

Still, prosecutors said in the latest indictment that Bankman-Fried misappropriated customer money to help fund over $100 million in political contributions in advance of the 2022 election. The indictment said he sought to “maximize FTX’s political influence” and use “these connections with politicians and government officials to falsely burnish the public image of FTX as a legitimate exchange.”

Late Monday, Bankman-Fried’s lawyers filed their own court papers related to trial evidence. In them, they asked that the trial judge exclude evidence about the FTX bankruptcy, the solvency of FTC and its affiliated trading platform, Alameda Research, and their ability to pay customers back.

They also asked that the judge ban prosecutors from telling jurors that Bankman-Fried resigned from FTX. They said they may oppose the prosecution’s plans to introduce evidence related to severed or withdrawn counts, such as the campaign finance charge.

Before Friday, Bankman Fried, 31, had been living with his parents in Palo Alto, California, after signing a $250 million personal recognizance bond following his extradition from the Bahamas last December.

Prosecutors recently sought his detention, saying he had tried to intimidate his former girlfriend, Caroline Ellison — the onetime CEO of Alameda Research — by releasing some of her writing to a journalist.

Source : https://apnews.com/article/sam-bankman-fried-court-hearing-b6bd0749ccac16f5c05d9aa7be4c8818

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