NEW YORK, April 11 (Reuters) -
Sam Bankman-Fried, facing the prospect of spending much of
his adult life behind bars, on Thursday appealed his conviction
and 25-year prison sentence for stealing $8 billion from
customers of the now-bankrupt FTX cryptocurrency exchange he
founded.
Defense lawyer Marc Mukasey had announced plans for the
appeal to the Manhattan-based 2nd U.S. Circuit Court of Appeals
during Bankman-Fried's March 28 sentencing hearing. The
32-year-old former billionaire crypto wunderkind was convicted
in November on seven counts of fraud and conspiracy in what
federal prosecutors have called one of the biggest financial
frauds in U.S. history.
Bankman-Fried's appeal could take years. He faces steep
odds, with his lawyers needing to persuade the 2nd Circuit - and
potentially the U.S. Supreme Court - that U.S. District Judge
Lewis Kaplan made significant errors that deprived Bankman-Fried
of his legal rights and made the trial unfair.
The sentence imposed by Kaplan was shorter than the 40- to
50-year term that prosecutors had recommended but longer than
the 5-1/4 years or fewer that Mukasey had suggested.
Bankman-Fried's sentencing put an exclamation point on his
downfall from an entrepreneur whose meteoric rise prompted
adulation, reverence and jealousy from some quarters into the
biggest trophy for U.S. prosecutors in their crackdown on
excesses in the cryptocurrency markets.
The Massachusetts Institute of Technology graduate rode a
boom in the values of bitcoin and other digital assets to a $26
billion net worth before he turned 30, Forbes magazine
estimated.
Bankman-Fried also became a major political donor and an
advocate of effective altruism, a movement that encourages
talented young people to focus on earning money and giving it
away to worthy causes.
His wealth evaporated when Bahamas-based FTX declared
bankruptcy on Nov. 11, 2022, following a wave of withdrawals by
customers panicking over reports that Bankman-Fried commingled
their assets with Alameda Research, a crypto-focused hedge fund
he also controlled.
The next month, Bankman-Fried was arrested in the Bahamas
and extradited to the United States.
'BAD DECISIONS'
Three former close associates testified as prosecution
witnesses against Bankman-Fried, saying he ordered them to use
FTX funds to pay Alameda's debts, make political donations and
buy luxury real estate in the Bahamas. They pleaded guilty to
fraud and are awaiting sentencing.
Bankman-Fried testified in his own defense, acknowledging he
made mistakes managing risk but denying he stole money.
"I made a series of bad decisions," Bankman-Fried said at
his sentencing hearing. "They weren't selfish decisions. They
weren't selfless decisions. They were bad decisions."
His lawyers have complained that prosecutors worked too
closely with FTX's bankruptcy estate, and asked it to hand over
only information that would help their case.
During the sentencing hearing, Mukasey told Kaplan that the
judge should ignore the prosecution's claim that FTX customers
had lost $8 billion because, he said, customers would likely be
made whole eventually. Kaplan dismissed that as speculative, and
said Bankman-Fried lied by testifying he did not know until
shortly before FTX's collapse that Alameda had spent large sums
of customer money.
"He was viewing the cost of getting caught, discounted by
probability or improbability, against the gain of getting away
without getting caught, given the probabilities. That was the
game," Kaplan said of Bankman-Fried.
Earlier on Thursday, Bankman-Fried's former lawyer Mark
Cohen questioned the disparity between Bankman-Fried's sentence
and rival exchange Binance's founder Changpeng Zhao's maximum
18-month sentence for violating an anti-money laundering law.
Zhao pleaded guilty in connection with a $4.3 billion
settlement for Binance and is due to be sentenced on April 30.
Authorities said Binance failed to report more than 100,000
suspicious transactions with U.S.-designated terrorist groups
including Hamas, al Qaeda and Islamic State.
"These are very different outcomes," Cohen, who represented
Bankman-Fried at his trial, said at a conference hosted by the
New York City Bar. "Can you square them from a policy point of
view? I would suggest it's very hard."
Nicolas Roos, one of prosecutors in the Bankman-Fried case,
said at the conference that the two cases involved very
different conduct. Zhao also acknowledged wrongdoing and
traveled voluntarily to the United States to face the charges.