The Indictment of Sam Bankman-Fried Is a Bombshell

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The Indictment of Sam Bankman-Fried Is a Bombshell
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The shockingly fast arrest and indictment of Sam Bankman-Fried is the prosecutorial equivalent of breaking the sound barrier. Ankush Khardori writes on the charges against SBF and the fight to come

It is too early to try to predict with great confidence how this will end, particularly given all of the unknowns, but if you are a lawyer trying to construct a defense for Bankman-Fried, there are some standard lines of inquiry and themes that you are likely to try to develop.

At the moment, it is not clear how robust the department’s efforts on this front could have been, particularly since we know very little about what sorts of documents they have in their possession and how extensively they could have reviewed them. Both the Justice Department’s indictment and the SEC’s complaint contain conspicuously few references to such internal material.

On the merits, there are the usual defenses to a criminal fraud case based on alleged misrepresentations, which are likely to be in play here for at least the main wire fraud charges. To start, what were the actual, specific misrepresentations at issue? What is the evidence that those claims were false? And what is the evidence that Bankman-Fried knew that they were false at the time?

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