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Caroline Ellison pleaded guilty to fraud and conspiracy
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She testified for the prosecution against Bankman-Fried
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Ellison's lawyers recommended she get no prison time
(Adds more of judge's comments during sentencing hearing)
By Luc Cohen
NEW YORK, Sept 24 (Reuters) - Former cryptocurrency
executive Caroline Ellison was sentenced on Tuesday to two years
in prison for her role in her former boyfriend Sam
Bankman-Fried's theft of $8 billion in customer funds from the
now-bankrupt FTX exchange he founded, even as the judge
recognized her extensive cooperation with prosecutors.
U.S. District Judge Lewis Kaplan said at a sentencing
hearing in Manhattan federal court that he was not comfortable
with remorse and cooperation being a "get out of jail free card"
in a case so serious. Prosecutors have called Bankman-Fried's
actions one of the biggest financial frauds in U.S. history.
Ellison, 29, pleaded guilty to seven felony counts of fraud
and conspiracy and testified as a prosecution witness in the
trial of Bankman-Fried, who was convicted of fraud and other
charges last year and is serving a 25-year prison sentence
arising from FTX's November 2022 collapse.
The crimes to which she pleaded guilty carried a maximum
sentence of 110 years in prison. Her lawyers had argued that
Ellison should get no prison time due to her cooperation, and
prosecutors sought leniency as well.
Kaplan during the hearing told Ellison she was "gravely
culpable in this fraud - there is no doubt about it," though he
said her "remarkable cooperation" represented a "fundamental
distinction" between her and Bankman-Fried.
"There's no way you're ever going to do something like this
again, I am persuaded," the judge told Ellison. "But here's the
thing: this was, if not the very greatest financial fraud ever
perpetrated in this country or anywhere else, close to it."
Ellison crossed her hands on her lap and looked down at the
defense table after the sentence was read.
Ellison earlier addressed the judge, speaking at a rapid
pace and reading from a prepared statement.
"Not a day goes by when I don't think about all the people I
hurt," said Ellison, a Stanford University graduate whose
parents and two sisters were present in court. "My brain can't
even truly comprehend the scale of the harms I've caused. That
doesn't mean I don't try."
Ellison from 2021-2022 ran Alameda Research, a
cryptocurrency-focused hedge fund Bankman-Fried founded. Ellison
said she thought about leaving Alameda many times.
"Every time I thought about it, I heard Sam's voice in my
head," Ellison told the judge.
"Ignoring that voice in my head and speaking out would have
been brave," Ellison said, beginning to choke up and sniffle.
"I'm sorry I wasn't brave."
Without recommending a specific prison term, the U.S.
Attorney's office in Manhattan, which brought the charges, urged
Kaplan to go easy on Ellison.
"I cannot overstate the importance of Ms. Ellison's
testimony in convicting Sam Bankman-Fried," prosecutor Danielle
Sassoon told the hearing.
Prosecutors said Ellison met with them about 20 times to
help them piece together FTX's unraveling and make their case
against Bankman-Fried.
"Unlike Bankman-Fried, she is not cunning. There is no
evidence she was driven by greed, or that an appetite for risk
or power was part of her nature," Sassoon said.
'HONESTY AND OPENNESS'
Anjan Sahni, Ellison's lawyer, said during the hearing that
sparing Ellison from prison time "would send a powerful message
about the value of timely, honest and full cooperation with the
government in cases of financial crime."
Sahni said Ellison spoke honestly both in interviews with
prosecutors and in her testimony about her actions and her
relationship with Bankman-Fried.
"She didn't shy away from the details, however embarrassing
they were," Sahni told the judge. "Her honesty and openness
(were) ultimately critical to the government's case."
Nishad Singh and Gary Wang, two other former FTX executives
who cooperated with prosecutors, are scheduled to be sentenced
on Oct. 30 and Nov. 20, respectively.
Bankman-Fried, 32, rode a boom in cryptocurrency prices
during the COVID pandemic to a net worth of, according to Forbes
magazine, $26 billion by October 2021. He gained prominence as a
generous donor to philanthropic causes and Democratic
politicians.
His wealth evaporated when FTX collapsed in November 2022
amid a flurry of customer withdrawals. Bankman-Fried was charged
a month later with stealing FTX customer funds to plug losses at
Alameda. Ellison pleaded guilty in December 2022.
Bankman-Fried is appealing his conviction and sentence,
arguing that Kaplan wrongly excluded evidence showing he thought
FTX had enough funds to cover customer withdrawals. In
testifying in his own defense at trial, Bankman-Fried admitted
to making mistakes while running FTX, but denied stealing money.
Ellison testified over three days at Bankman-Fried's trial,
telling the jury he directed her and others to take money from
FTX's customers without their knowledge.