NEW YORK, March 28 (Reuters) -
Sam Bankman-Fried lied on the witness stand at his fraud
trial last year when he said he did not know that his hedge fund
had spent customer deposits taken from the FTX cryptocurrency
exchange he founded, a judge said at the former billionaire
cryptocurrency wunderkind's sentencing hearing on Thursday.
Bankman-Fried, 32, faces the prospect of decades behind bars
over after a jury found him guilty on Nov. 2 on seven fraud and
conspiracy counts stemming from FTX's November 2022 collapse.
Prosecutors have called it one of the biggest financial frauds
in U.S. history.
U.S. District Judge Lewis Kaplan's finding at the outset of
Thursday's hearing that he committed perjury is a potentially
ominous sign for him.
Kaplan also said he had found FTX customers lost $8 billion,
FTX's equity investors lost $1.7 billion, and that lenders to
the Alameda Research hedge fund Bankman-Fried founded lost $1.3
billion, rejecting Bankman-Fried's argument that customers would
be paid back in full through the bankruptcy process.
"The defendant's assertion that FTX customers and creditors
will be paid in full is misleading, it is logically flawed, it
is speculative," Kaplan said. "A thief who takes his loot to Las
Vegas and successfully bets the stolen money is not entitled to
a discount on the sentence by using his Las Vegas winnings to
pay back what he stole."
Kaplan has not yet announced the sentence, and the hearing
could last hours.
The hearing marks the final step in Bankman-Fried's downfall
from an ultra-wealthy cryptocurrency entrepreneur and major
political donor to the biggest trophy to date in a crackdown by
U.S. authorities on malfeasance in digital asset markets.
Bankman-Fried has vowed to appeal his conviction and
sentence.
He faces a statutory maximum of 110 years in prison, but
will likely receive less. Prosecutors are seeking a prison
sentence of 40 to 50 years.
"His life in recent years has been one of unmatched greed
and hubris; of ambition and rationalization; and courting risk
and gambling repeatedly with other people's money," the U.S.
Attorney's office in Manhattan, which charged Bankman-Fried in
December 2022, wrote in a March 15 sentencing memorandum.
Defense lawyer Marc Mukasey has argued that a sentence of
less than 5-1/4 years would be appropriate.
Mukasey said FTX customers would likely be made whole in the
bankruptcy process, and that Bankman-Fried worked diligently
after the exchange's November 2022 collapse to recover funds.
"The memorandum distorts reality to support its precious
'loss' narrative and casts Sam as a depraved super-villain,"
Mukasey wrote in a March 19 court filing, referring to the
prosecution's sentencing proposal.
Several FTX customers have written to Kaplan expressing
dismay that they will be compensated based on the value of their
cryptocurrency at the time of FTX's bankruptcy, rather than the
higher levels at which those assets currently trade.
One of those customers, London resident Sunil Kavuri, said
at Bankman-Fried's sentencing that he lost money he wanted to
spend on a family home and his children's education.
"Simply put, this is a continuous lie that we are all made
whole," Kavuri said.
Bankman-Fried has been detained at the Metropolitan
Detention Center in Brooklyn since August 2023, when Kaplan
revoked his bail after finding he likely tampered with witnesses
at least twice.
Wearing a tan short-sleeve jail t-shirt, Bankman-Fried was
led into the courtroom by members of the U.S. Marshals Service
before the hearing started. His parents, Stanford University law
professors Joseph Bankman and Barbara Fried, arrived at the
federal courthouse earlier.
'PROMISE OF FALSE HOPE'
A Massachusetts Institute of Technology graduate,
Bankman-Fried rode a boom in the values of bitcoin and other
digital assets to a net worth of $26 billion, according to
Forbes magazine, before he turned 30.
Bankman-Fried became known for his mop of unkempt curly hair
and commitment to a movement known as effective altruism, which
encourages talented young people to focus on earning money and
giving it away to worthy causes.
He was one of the biggest contributors to Democratic
candidates and causes ahead of the 2022 U.S. midterm elections.
But prosecutors say the responsible image he cultivated
concealed his years-long embezzlement of customer funds.
At trial, three of his former close associates testified
that he directed them to use FTX customer funds to plug losses
at Alameda Research.
Bankman-Fried testified in his own defense that he made
mistakes such as not implementing a risk management team, but
denied he intended to defraud anyone or steal customers' money.
In their sentencing memorandum, prosecutors said
Bankman-Fried could commit fraud again if released at a young
age.
They pointed to his personal writings in the weeks following
FTX's collapse, in which he mused about options for restoring
his image such as "come out against the woke agenda" or pushing
the idea that "SBF died for our sins."
"It is realistic that he will settle on a narrative, lean
into it, and convince other people to part with their money
based on lies and the promise of false hope," prosecutors wrote.