This Week in Startups: The Trial of SBF: A deep dive with Inner City Press's Matthew Russell Lee | E1833
Jason Calacanis 10/24/23 - Episode Page - 1h 9m - PDF Transcript
there's a, an intersection between sort of VC thinking and philanthropy of like,
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I've, I know those people,
but effective algorithm goes one step further and says we're going to go out
and make all kinds of money. And then we're going to save the world.
I guess you could say it's kind of like, it's not like, you know,
Andrew Carnegie, Carnegie made the money and then did libraries. This,
they're convincing themselves that the reason that they're doing these things is
they ended up never doing it. Like with Sam Bankman Fried,
there was a big moment where they said, the shod singed said,
I went to meet with, with anthropic because I was,
I was going to make a donation because I love that technology so much.
And then the process, then the question was, well,
did you ever make a donation? Well, no.
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Okay, today on the podcast, we have maybe the world's number one
source on the SBF trial, the explosive trial taking place in
Manhattan for the founder of FTX, who allegedly stole billions and
billions of dollars. Matthew Russell Lee runs an account on
Twitter slash X called inner city press, INNER city press.
I found out about this account when he was covering the Nikola
trial. We'll get into that in a minute, but his account has
absolutely blown up over the past couple of weeks because of
his extraordinary in-depth threads on the SBF trial.
He's one of the old school journalists out there who goes to
the courts and does real reporting.
And so a little history for Matthew and I, who we've never
met, but back in September of 2022, Matthew was covering the
fraud case of former Nikola CEO Trevor Milton. You remember that
I had Trevor Milton on this podcast episode 1090 back in
July of 2020. And during the case, prosecutors actually
played a clip of Milton or that infamous interview that I did
with him. And that specific clip that was played in court is at
the 46 minute mark in that episode. It's when Milton
talks about being inspired by Apple to launch the Nikola
Badger. It was a pickup truck that never launched because it
inspired more consumers to buy the stock. Here's a clip.
So now you've got all this cash on the balance sheet. And you've
got all this runway. But you, this building a network of
hydrogen chargers and coordinating the building of
hydrogen trucks and satisfying a bunch of customers seems like an
awful lot of work. And then I'm not sure exactly the date you
announced it. What date did you announce that you're going to
take on Ford's F-150 pickup truck and Elon's Cybertruck and the
Riven? Riven is the other Rivian, sorry, Rivian. So now you
decide, eff it, I'm going to create an F-150, the best selling
car in the United States, I think, and obviously the best
selling truck. Why would you take on more work?
That's a good question. Yeah. So here's the reason why our
trucks are gravy trained with money. That's where all the
money comes from is our is our is our big semi trucks, right? The
problem is, is 90% of Americans will never own a semi truck. And
so your investment, your investment, your portfolio of
investors can be very limited. And we wanted to go and build a
company that's gonna be worth $500 billion, trillion dollars
over, say, 10 or 15 years. And if you're limiting yourself to
10% of the market, you'll never do it. No matter how good your
numbers are. The reason why people love Apple, that everyone
touches their product. Why do they love Google? Everyone touches
their product. So your what I did is I knew day one, you know,
once once we started coming out, we had all this gravy train
coming in from the semi truck program. My question was, okay,
that's great, but I'll never touch the average consumer. So
therefore 90% of investors will probably never invest in me. So
I needed to touch the consumer. And so the truck is for the
profit, the semi truck, the pickup trucks for the consumer,
and the consumer is the one who is part of the Robin Hood
portfolio is part of the, you know, the family office or
whatever. And that's where all the valuation of the company
comes from.
Alright, a crazy, crazy clip. That episode recorded in July of
2020. The Badger project was canceled four months later in
November 2020. And obviously, trying to bait retail investors
to buy your company on the way to a trillion dollars, quite a
claim in 10 years is a large part of a bigger story. Milton
wound up being found guilty of three of four counts of fraud
in October of last year. And he's getting sentenced in a few
weeks, faces a max of more than a decade in jail. Anyway, my
Matthew Russell Lee, welcome to the show.
Great. I'm glad to be on I do I do I very much remember that and
was that was a big part of the the jurors had also seen the
infamous ad for the semi truck where they had still had no
motor and they put it on on a 3% incline to make it look like it
was that it was running. So it was a huge contrast to see what I
agree, the idea of sort of of basically coming up with a
product in order to make to make the stock sexy during COVID
where people are like, Whoa, I've got this government check. What
a great company is for climate change. It was it was a it was
smart while it lasted but he the thing is normal a normal
defendant would already have been sentenced after this long
after the conviction, but he's managed to like he had a lot of
post trial motions. He one juror contacted Intercity Press
because once once the jury is released, they they go online
and they look at, you know, things about the trial and
contacted me and I interviewed them. They basically they said a
lot of kind of anti corporate things and they describe the
deliberations and how people ended up thinking he was really
like a smart punk. And so that's been one of the basis of his
of his appeal. So we'll have to see what happens ultimately
with Trevor Milton, but he was convicted.
Yeah, and it really is particularly sinister, you
know, when you are incompetent, you know, you're not going to be
able to build the product. And I think that is the part about
this where, you know, in our industry, the technology industry,
we have a long history, Matthew, of fake it till you make it or,
you know, set audacious goals. In fact, it was a big, hairy
goal. Big, hairy, audacious goal at BHAG is a term they use at
Google. And that's fine. But something along the way to a big
audacious goal can throw it off the rails. What is that? When
does it become a legal issue? You know, since we have a lot of
founders listening in your mind between, Hey, this is an audacious
goal. And maybe you're committing a crime.
I mean, I think it's it's I'll say it is as although to the
prosecutors defrauding investors is as much of a of a of a of a
crime, you know, securities fraud, wire fraud crime as as
defrauding, let's say a depositor or somebody that I'm going to
turn it to FDX, somebody that put money and thought they were
trading crypto when in fact, Sam was just moving the money
elsewhere. I think that the it becomes there there's you have
to show it's like see enter you have to show that they knew that
the statement was false that it wasn't just that they were sort
of puffing puffery. The same thing is actually coming up in
this truck. There's a Trump trial right now in New York about
his real estate and the idea that he somehow misled Deutsche
Bank about the value of Mar-a-Lago and his various
properties. Personally, when I look at it, it's hard for me to
see Deutsche Bank as a big victim in the sense that it's
their job to do due diligence. There's another case. It's
Charlie Javice. I don't know if you've heard about that one.
She had a she had a trying to think what it was called. She
had a platform that was supposed to help people fill it out
FAFSA Frank. Exactly. And so yeah, total fraud. We did cover
Frank. Yeah, she she she sold she sold it to JP Morgan Chase
and claimed to have hundreds of thousands of customers. She
didn't. She actually went out and just bought an email list. But
so that's fraud. That's fraud. At the same time. What are the
prosecutors? This to me sounds more like a civil case in the
sense that like JP Morgan Chase dropped the ball. They didn't
do any due diligence. And now, alongside their civil case, they
have the prosecutors conveniently. I'm not a fan of
Javice. I'm just saying and then the other option, obviously,
you I'm sure you guys have talked about Theranos and
Elizabeth Holmes. That's where it gets terrible. That's where
fake it when you're actually faking like cancer test results
is pretty yeah, worse than a real world harm. Yeah, worse than
a pickup drop worse than crypto. So there's a there's a whole
continuum here. I will say just in FDX, it's beyond. I mean, in
Trevor Milton, they did show sort of, you know, extravagance
spending by Milton and the Caribbean. But I think that
the the the prosecutors in the FDX case have really managed to
show the specifics, not just a sort of, you know, do you
resent this type of this type of excess and the $35 million
condo over the Bahamas. But this the taking of customers
money to make political contributions, to give it to
your brother's foundation to buy real estate for the parents
who say they're such ethical, you know, pro-poor people. I
think that's ultimately if I were a juror, that's the that's
the real that's the that's what sort of gets their ire up. And
I don't know how Bank of Madrid is going to rebut that
honestly.
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Yeah. And so let's get to this. The case has been going on for
a couple of weeks now. And it's gotten really interesting,
because I think this is the key to it. You know, he's had like
four of his top lieutenants plead guilty. And I think three of
them are cooperating with authorities in order to get
reduced sentences. I'm not sure if they've already negotiated
those sentences or not.
I'll tell you, yeah, they can't actually just just to explain
that they don't know yet what their sentence is going to be.
They basically they plead guilty to a slew of charges, all of
which some of which have mandatory minimums. And the
government commits as long as they tell the truth, whatever
the outcome of the trial is, commits to write with something
called the 5k one letter to the judge when they come up from
sentencing saying how useful their cooperation was. And then
it's totally in the judge's hands. Like, honestly, they're
well, they're totally it's total. There's no guarantees here
at all. And honestly, if if a judge himself concludes, in this
case, it's Judge Louis Kaplan concludes that one of the
witnesses might have been lying or trying to make themselves
look better, that's going to hurt them at sentencing. So it's
it's an interesting, I think they had almost no choice,
they're going to get much less that if he's convicted, then
then San Bank Madrid is, but they definitely don't have any
assurance of what that will be.
Yeah. And so they might get, I mean, if we're going to take
a percentage of it, yeah, like half of it, a third of it,
whatever it is, sometimes they get time served. It's really,
it's really an interesting, and I'm sure that they're all of
them have like, super high, high power white shoe law firms
representing them. So I'm sure all of them shown them like
charts of like, not just here's generally what cooperators might
get. I covered another crypto fraud case, one coin, which
didn't even have a blockchain. It's called the Crypto Queen, a
woman from Romania. Yeah, I remember. Yeah, called Rujignitova.
Anyway, a cooperator against her who helped her launder money
and then and then provided a lot of information to the
government, got five years. So you can get. Oh, wow. Yeah, he
got his name is Gilbert. He also violated his cooperation
agreement by like, selling his jet without telling the
government stuff like that. But so it's a there's no assurance
they don't have any assurance, but they definitely have an
assurance that they'll do better than than the defendant if
he's convicted. If he gets off, they're screwed because they're
going to go to jail and bankment freak won't but I feel
really wow. Yeah. Yeah. I mean, because they played guilty,
right? They played guilty to they can no longer say I didn't
do it. They confessed to all those things. So so tell me you've
been in the actual courtroom. Sure. And you are an expert at
getting into the courtroom. I'm just curious from a mechanic
standpoint. How does one get access to the court? Is it easy?
Is it difficult? You have to show up at 4am? Do you know
people there? And yeah, how does it work? It's not I will
explain this. I've been covering the court very like on a
daily basis. I used to do the same thing at the United Nations
until I my reporting there got me into some trouble there. So I
came down to the court and I was like, here I am. I was
covering a UN corruption trial, Chinese bribery of UN
officials. And every day I have to I have to leave my my
laptop and my phone downstairs. I go upstairs and I
notice there were other reporters covering the trial that
were not leaving the building to do broadcasts, you know,
during the break, but had their electronics with them. So they
haven't there's an in house court system. There's an in there's
an in house press corps and a non in house press corps. And the
way it was explained to me and I give them credit for this, it's
not just based on like, Oh, you're a big journalist in from
London. Here, take a press pass. Basically, they said to me,
it's not enough to just be covering one case, no matter how
much you are, you have to cover, you know, a lot. So now I mean,
I'm covering actually a lot. I write 10 stories a day about
the courthouse. Not all of them are financial fraud. A lot of
them. I like criminal law, but a lot of them. I, you know, I
there's some really long sentences being given out. There
wasn't in any event. So I'm an in house reporter there so I can
bring the electronics in and I don't ask you a simple question
there. So you're in house lawyer. How do you sustain
yourself? This is a hobby or you seem to be doing this full
time. So no, no, I mean, a citizen journalist, how do you
make money? Yeah, I was gonna I was gonna break in when you
said you may know it through the Twitter, with through the
Twitter feed, which is or X feed, which is free, but I have a
Patreon, I have a sub staff, I have a you, you know, you so
and there's a there's a variety of ways. I would say it's
actually, I think this is a I don't want to say it's a new
model of journalism. All obviously corporate corporate
media is going through various trying to decide whether you
should what the way I do is I I if I had my druthers, I would
put everything up for free. I want people to know the
information as it is. I'll put almost every I'll put almost
everything up for free. But I'll also put put, you know, if I
get documents, I do a lot of FOIA requests, I do a lot, you
know, the, the people send me, you know, documents. And so I
put, I put, you could call it bonus material on Patreon. And
I do living. Do you make six figures doing this? Can you can
you survive? I'm surviving. Here I am. Here I am. And that's
what I do. And it's, it's kind of I kind of learned during in the
UN as well. I had the same. There were people that want to
it's an interesting, I think as a kind of I don't want to say a
lone journalist, I like I like beats where you can really
everything is within walking distance, for example, I mean,
I'm covering a lot of cases. And it's because all of these
cases are in two buildings in Lower Manhattan, that I have a
pass, I can go back and forth between men and I can really
cover, I can cover a lot of things. And so and, and it's
the same the UN for all of its failures, I enjoyed covering it
because it's just 42nd to 46th Street, First Avenue to the
River. And yet you can cover a lot of things and you can build up
a readership. And there are people that are willing to pay
for it.
Amazing. So I'm really happy for that. Everybody go to Patreon
right now. And please subscribe to inner city press. And we're
going to do the same here from our program as a thank you for
you doing this. So tell me about the general vibes in the
courtroom, because these people work together. But they and they
work together for years. They're all very smart. They're all
very young. They were all hopped up apparently on Adderall
speed, all kinds of amphetamines, which is a really
interesting side discussion. We'll put that on the side down,
put a pin in it. But it doesn't seem like they had a massive
amount of deep loyalty for SPF. And they have flipped on him.
But what is that like? Because they're all in the courtroom
looking at each other. But these all seem like really weird
aspergery kind of ADHD kids, I think they've all used that in
their defense. So what's the vibe and compared to other
trials? And have you ever seen anything like this? Yeah, no,
it is extraordinary. The first thing I'd say is that they're
not all there at once. Like, because they're witnesses, you
can't be in the courtroom. For example, when Carol, Carolyn
Ellison was the first of these these three cooperators to
testify, Gary Wang and Nishad Singh were not even in or
there, they had to basically vowed and not even follow the
could follow the testimony, because you don't want witnesses,
you know, sort of putting their testimony together like as she
said, I'll say this. So but so it's been one by one. And the
highest profile one was was Carolyn Ellison because beyond
being Alameda's at one time co CEO, and there's another guy
called Sam Trebuco that I'll put a pin in that and get back to
it. It's an interesting he hasn't shown up in the trial. He
hasn't been charged. People are writing to me saying why not
like when Carolyn was there, very good. Look at each other. Did
they say hello to each other? Did they greet each other? No,
they did not. And in fact, there was a lot was made of this.
But when it is kind of like a Perry Mason, like, like, it's
like your idea of what a court would be. They say, do you see
the defendant in the courtroom? And she initially couldn't see
him, because he looks quite different than he did back in
his back in his days of podcasts from that from from the
Bahamas, with with big hair and in cargo shorts, he's now the
hair has been cut. He's a lot thinner, which I don't know if
he's trying, he's either gonna in closing, try to say he's been
mistreated in jail or something. His suit is too big. So there
was definitely, I think Ellison was was a very strong witness
because it combined both her describing, you know, how it
worked. And she was definitely poor. She's glad guilty. She
she acknowledges that she knew that Alameda that Alameda had
this incredible $65 billion line of credit with fdx, that when
people thought they were sending in money to do to trade on the
fdx platform, it was being diverted to Alameda. But she
said very much Sam told me to do this. And she also has the added
element of they were had a relationship, they broke up. And
and, you know, it's sort of I think that the quotes have come
into evidence of things like he wasn't paying enough attention
to me, he he ordered me around. And I think as much as saying
that these four were like Gary Wang was a co founder of both of
both Alameda and then fdx. The shot saying was the engineer.
But this was not a an equal four person relationship. Sam was
clearly Sam was the boss. The other ones have even though they've
played guilty, they've tried to kind of say, I went along. And
some of them even said, both Ellison and when we're said the
on cross, they were asked, Well, why didn't you leave? You
know, if you if it was so bad, if you if you knew it was fraud,
why didn't you leave? And basically, the answer was we
thought it would all fall apart even faster if we left or Sam
sort of like demanded loyalty, like stick with me to the end of
the three of the three, the most sort of sort of poignant was
Nishad Singh. It seems like he really believed in this ethic. I
don't know how since they were throwing money around like crazy.
Yes, he seemed to believe that the purpose of fdx was to help
poor people. And somehow in November 2022, he was
abused. I don't know if the jury's going to believe that
sorry to
No, no, no, I mean, it's fascinating what you're
describing, because that's the dynamic I'm trying to get my
head around is the interpersonal dynamic between them. And then,
of course, on a trial basis here, how they're sort of framing
their involvement, because they knew that they had built this
backdoor, they knew they were taking this money, they knew
that these were client deposits, they're not they're
admitting to all of that. And they knew that they were doing
they were bribing Chinese exchanges, correct? Correct. No,
that there was a there was a time where fdx's money got
frozen on two Chinese platforms. And so they wanted to get it
out. First, they tried, I guess, legitimately, with a Chinese
lawyer, that's not really how China works. And they had a guy
they had a staffer inside fdx, an engineer who said, I'll tell
you how China works. And they ultimately you first using the
accounts of Thai prostitutes. Yes, this went into evidence that
they they stole the identity or bought the identity of Thai
prostitutes to set up trading accounts to which they could lose
in trading as a way to shift money. There doesn't seem to be any
dispute that they paid a bribe to an unnamed yet unnamed Chinese
official, and their money was unfrozen in the middle of
business. They did it in the form of losing a trade in these
accounts that were owned by prostitutes. So that somebody
who was a regulator, if they didn't have any controls in
place, but if a regulator did see it, it would just look like
they made a bad trade. This person went long, you know, some
crypto, they went shorted and they won the trade. Yeah,
yeah, they were exactly that was their way. And the sort of to
me, the one of the interesting things about it was, there was
another fdx employee called Heidi Yang anyway, her she's
Chinese and her her father is a Chinese government official, and
they were apparently talking like, you know, China, all the
officials are corrupt, we'll just pay a bribe through the
prostitutes. And Heidi was like, no. And so there's a there's a
signal chat between between Sam and this guy called Sam
Trebuko, saying Heidi's a real like, you know, she's a she's
she turned us in, you know, we need to take her off all the
communications channels. And she very, very quickly left. I
think she would have been a great, a great witness in this
trial. Because that's again, again, in terms of the jury,
it's not just showing there's the kind of bloodless, there's a
lot of balance sheets, there's a lot of spreadsheets. And then
there's like, this guy was just a he was like, screaming at his
employees, he was a he's now trying to blame Carolyn Ellison
when basically, I don't want to say she was a puppet of his.
But what he told her to do at Alameda, she did it wasn't she
even if you look at her resume, she didn't, it wasn't like he
hired some like, huge hedge fund person. I'm not saying, you
know, again, I know it's not to be
these words, super experienced people and he didn't surround
himself with adults who would have kept him in check. He hired a
bunch of kids, peers. And he is apparently, you know, directed
them to do this stuff. Now they also participated. So that's
gonna come in. What what what has the jury responded most to
because you must as a reporter there. Sure. Yeah, and they're
taking notes or they did was there a moment where they gasped
or they rolled their eyes? What have you seen? I think
absolutely. Yeah, I think because there have been other
witnesses that have haven't been as kind of Shakespearean.
There's an there's been there was an expert witness. There were
a couple of investors. There was a guy who's a cocoa trader cocoa
like chocolate. He's a truck commodity trader in London that
said he lost $100,000. I have to say the jurors didn't seem
that excited about that. They very much focused on the three
these three cooperating witnesses. And there's also a kind
of a hype celebrity aspect to this to this whole trial, where
they got into evidence, not just that that that FTX paid more
than $100 million to rename the Miami heat arena. And and and
for the Larry Davis, David add and Tom Brady, but also like
there's a there's a particular message where after the 2002
Super Bowl, Sam wrote to all three of his his his
collaborates and said, I'm just back from LA. I went to this
Super Bowl party. It was fabulous. You know, all these
Hillary Clinton was there. There's like, then the jurors are
like looking at this list of like, and he's got you know,
gushing about the people that he was hobnobbing with. This was
all through this thing called K five of Michael Keeves. And he
was he was ready to do a huge investment with them saying
like, this is that this is a mixture. It's an investment, but
really is it's really an investment to sort of get
FaceTime with these big names and take ourselves to the next
level, which by the way, is a thing in business, you know,
like, people will make investments. They will hire
endorsers, but they'll make investment in companies that give
them access to a certain class of people or and so
um, Keeves, uh, you know, got a $700 million investment. There
was some purchasing of shares, I guess, you know, I think from
the co founders of the firm. But FTX, as Sam Bankman free was
doing this in your mind, and this is what they kind of
portrayed to the jury, to try to put a patina of celebrity and
excitement around the company, correct?
No, no, absolutely. And kind of legitimacy to make it like
people have heard, for example, Binance and see his big
pitch because at the same time that he was doing that, he was
also there's the jury has been shown footage of his testimony
to the House Financial Services Committee and his tweets praising
Maxine Waters and stuff like this. He was trying to take and
that was I think very it was again that that that's not
fraud. That's sort of that's how it works. He was trying to take
FTX out of the the the morass of crypto platforms, even Binance
is it's a big platform and CZ but it has a kind of like he made
a big point of saying, with its Chinese founder, they're never
going to get anywhere in Washington, right? I'm the you
know, I'm an American, I'm, you know, hobnobbing with Shaq. So
it was I don't I don't think it would be unfair if the jurors
were just like this guy was a social climber. But I think
what's amazing about this is that there wasn't there must like
you're saying it's a bit it's a known business thing to make
investments to get there. They were just from as best I can make
out and this is not from reading or coming into the trial
literally from the exhibits. It was just a piggyback. There it
literally was and the amounts are huge. They're they were lending
each other like $300 million. Now in some cases, this was so
they could make an investment for FTX they claim but the
amounts there and there was no there's no paperwork. They're
literally like, you know, snap signal chatting each other and
saying, Okay, 300 for there. And then you have this something
that I'm very interested in. His mother Barbara Fried is a law
professor at Stanford, very progressive. She has a nonprofit
called Mind the Gap. It was in turn giving money to many
progressive candidates. She said things like, Okay, I want a
million dollars, but do it through Nishad Singh. So it
doesn't look like this is just a family affair. And that's in
writing. The jury has seen Wow. Yeah. So it's pretty. And
Barbara Fried is in court every day. So some people are joking
like, is she gonna at the end of this trial, are they gonna pull
the handcuffs out on and the father as well. Joe Bankman is a
tax lawyer. Also, I believe he's a psychotherapist. Anyway, he's
a very put together guy. And he's he's known for like helping
with like, you know, easy tax filing for low income people,
like he's a he's a self described, progressive. And yet,
he was in the signal chats to the last day of how they could
like defraud potential investors about the financial
condition.
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has come across there? Because there has always been this
question. He's got these parents who are Stanford law
professors who have written papers, I believe on ethics and
morality. And these are seeming to be, you know, the elites of
our society. Now, elite people know right from wrong, they know
the law, they're literally lawyers and professors. So if
they were involved in this, that certainly means they know
right from wrong. So they must not only know right from
wrong, they must have known that this fraud was going on and
they must be copable, right? I mean,
I think so. I hate to, to exactly, I mean, I think that
there must have been a point in time. And there's probably
is still some percentage of their selves that are actually
idealistic. But they, they lost their way. I think there's a
kind of arrogance. I mean, I don't know if there was a big
there was the New Yorker did a piece that I don't know how to
take it, but sort of explicating their point of view,
the writer went out and walked around with them.
It was very criticized that piece because it was very soft.
Yeah. Oh, very soft. And in fact, without any rebuttal, I
think Barbara Fried said, those who question us are like
McCarthyites, like they can their mind. No, sir, in their
mind, it's kind of arranged. That's a direct quote. Like the
idea is that it's so unfair. Like their son was a genius. And
he was there's what we haven't used these two words yet, but
effective altruism that he's
explained what that is to the audience and how this became a
rallying cry for them. I really, I mean, I wanted, I want to
say like, I, I've been contacted by adherence of it. And I
still, I, it's a weird, I guess it's the, it's a kind of
elitist fan, elitist or quantitative philanthropy. The
idea, and I've heard it, there was a slow, there's a lot of
there's a, there's a, there's a, there's a, there's a, an
intersection between sort of VC thinking and philanthropy of
like, let's find cutting edge nonprofits that can go to scale.
I know I've, I know those people, but effective altruism goes
one step further and says, we're going to go out and make all
kinds of money. And then we're going to save the world. I
guess you could say it's sort of kind of like, it's not like,
you know, Andrew Carnegie, Carnegie made the money and then
did libraries. This, they're convincing themselves that the
reason that they're doing these things is they ended up never
doing it. Like with Sam Beckman Fried, there was a big
moment where they said, the Shad Singh said, I went to meet
with, with anthropic, because I was, I was going to make a
donation, because I love that technology so much. And then the
process, then the question was, well, did you ever make a
donation? Well, no, you know, they made an investment that
in a way, this is the manifestation of what happened
with Bill Gates, you know, he made this extraordinary
fortune, and then they signed this giving pledge. And so this is
like an extension, I think it goes back to that giving pledge
that Warren Buffett and Bill Gates came up with, I think,
where they were involved in. And Bill Gates, you know,
basically, after decades of being an extraordinary
entrepreneur, just decided, I'm going to put all of this money
to work in a very intelligent fashion. This is like the next
generation saying, Hey, that's why we're doing it. So don't
hate us as entrepreneurs. We get a pass. And so is part of the
prosecutions or the defenses, you know, theories here, and
their angle in terms of either getting off or getting
convicted, this effective altruism, how is that playing
into the legality of this or the argument?
That's that it's in, in, in pre trial, there's obviously a lot
of skirmishes before the trial began. And it's called motions
and limine and they sort of decide in advance what can come in
and what can't come in. We have not heard the word the phrase
effective altruism from either side, because the judge said,
it's going to confuse the jury. But we've seen the we've seen him
funneling Alameda money to his brother, Gabe bankman freed has
a has something called a guarding against pandemics where he
was like, you know, and this is a big issue for the idea,
they're saying like, I think I want to go back to just say the
sort of catchphrase of effective altruism is you could, you
know, become a doctor and then go and say and work in Gaza or in
Africa and try to sew limbs on, or you could just go and like
start a crypto platform, steal everybody's money and fund 4,000
doctors in Africa. And isn't that more effective? Now, he never
did find doctors in Africa. And also, no matter what you're
doing with it, you shouldn't steal other people's money. It
wasn't like they were using their personal money. And they had
quite a bit of it. Yeah, they were literally just like
scooping into Alameda and giving it to the brother. And
nobody knows where did the money go?
Yeah. And so that see, this is where I think their argument
breaks down. It's probably why the judge said, Hey, listen, you
want to bring this Robin Hood stuff in? No, no bueno. Let's just
talk about the actual actions that happened here. And let's just
judge this case based on that because I could see it being
appealing to I'm trying to I want to I want to steal man for a
second. Sure. The the the the SPF side. If they were allowed
to talk about this, he says, Listen, I this is what I think
the defense is going to be. And I want to hear what you think
there's been. Hey, listen, I was hopped up on speed. I have a
DHT. I got into this. I really had great intent. And I didn't
know what I was doing. I didn't have the controls in place. I
was trying to make as much money as I could. And look, I made a
bunch of bets. I thought that was the job. I made the best.
Hey, these bets worked out. I think I'm with the Santhropic
investment. Everybody will be whole. So yes, I should have had
controls in place. I didn't know what I was doing. I should
have had governance. I had all these investors, they didn't
force me to have governance. But at the end of the day, I was
just trying to make sure that, you know, the children were saved
and I had this great money to do that. And I you know, I beg
your forgiveness. Is that what they're going to go for?
I it definitely remains to be seen because so far, always
seen from them are these not not visibly very effective cross
examinations of the cooperators. Now, last night, they put in a
filing, they have one expert witness, a guy called Joe Pimbley,
who's going to dispute the size of the line of credit between
FTX and Alameda. I don't think that's going to go very far.
The many people are saying, criminal defendants in federal
trials rarely testify, because you you open yourself up to like
three days of cross examination. And that's when things like
prior statements on it, all and he has many of them will all
come in and they'll ask him about it. But I it does seem like
he might testify because it doesn't. The feeling is it
doesn't it's not a it's not a coin flip. It seems guilty.
Yeah, it's not going dead to rights. It's not going well. He's
going to have to convince and he's also he's got to throw a hell
of Mary. Yeah, I guess. So then yeah, once he is talking, Mary,
what will be the defense? What do you think? I think it's just
that I think he's just he's almost and I what they've
tried to show is it's not just bad investments like it would be
one thing if the company failed, because let's say they were a
hedge fund and they made some bad investments and they and
it flamed out. That's not illegal. That's just bad
investments. It's the misuse. It's the you know, the the
clearest one is the people that put their money in and they said,
I never authorized them to take my money and give it to gay
bankman freeds, guarding against pandemics or to give it as a
political contribution. We stolen literally stole it. They
literally stole it. And then they and then they scammed
people. The whole group to the size of like $8 billion. And
they misled. They also had very third point various investors in
the company say, if I'd known that there was this backdoor, I
would never have invested. I see that paradigm. Did paradigm
come in? Yes. Absolutely. Yeah. The the and there was this
guy the last witness of last week was a guy from third point. I
forget his name. Yeah. Brewer journey. And he was describing
these meetings in Hudson Yards and like they the thing is, you
know, I don't know, from my point of view, I feel like they
needed to have better due diligence to like it wasn't rocket
science. I think that this is a key point. Right. You know, I
know a lot of people I know Matt from from paradigm and I know
some of the people who invested. And what happened was just to
explain to you in the industry. People had come before and
invested and there was a very hot market. This company was
growing very quickly. So people were like, Oh, the other
people must have done diligence. And they kind of suspended
disbelief didn't do due diligence. And then there was no
board of directors and there was no CFO that these are
extraordinary red flags for a company that had 100 million in
revenue, you had 100 million in revenue and you had, you know,
I don't know, $50 million invested in your company or 100
million, you would certainly want board oversight. But I think
because this had gotten so big, they basically gave him a pass
because this was such an extraordinary success. So it's
very bizarre. Now those people, you know, in my mind, if you
didn't do the diligence, you deserve to lose your money. But
of course, the people who thought they were buying crypto,
they don't deserve to lose their money. When we look at the
defense, do you think there's a chance he will say I was drugged
out, and I'm mentally ill and I was in a manic state because he
has been very public about his use of these patches and these
weird, you think he goes for the I'm, I don't want to say
insanity, but insanity defense.
I mean, they would have had to kind of give notice of that. But
I think, again, once you get in front of the jury, you know,
there are no these fine legal distinctions between did you
give notice of this defense or not? They so far, the jury
hasn't heard it out. Whenever the jury is out, there's been a
lot of discussion of Adderall. Could he get, you know, he's
there are many people in the MDC jail in Brooklyn that I'm
sure could use it and they're not getting it. But you know, he
has a doctor that they've tried to say the doctor maybe writes
too many scripts. But they've gotten to the point where
initially he was getting Adderall in the morning and at
night, they're saying in the middle of the day, he's not
able to focus and participate in his defense. So he's he's
getting sort of longer, slow release Adderall. Now the jury
hasn't heard it yet. He hasn't heard it yet. But you're
right that I don't know if it's going to be as as as as clear
as saying I was crazy, but it I think he thinks he's charismatic.
I think he's gonna he's gonna try to create this this this kind
of kind of dust storm of good, good intentions. I was doing
the best. It's an unregulated field.
Pixie dust. Yeah, exactly. It's crypto, you know, people some
some planes crash and now it might go up again. And I'm a
victim, you know, I'm just a sort of an innovator. And again,
I get the the the the the prosecutors are just gonna try to
like, let's go back to basics. I think that their approach to
the case is that this is not really about crypto. This is not
about this is just fraud. It's just just fraud. It's just
fraud. You say to somebody, put your money with me and I'm not
gonna take it out. And then you give it to your brother. I
think that's also their most that's definitely their most
effective thing because that it's just it's it doesn't pass the
smell test when you're funding your family's foundations with
somebody else's money.
All right, we're back with another Pitch It to Jake House
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Let's go back to that jury. This to me seems like it's a very
interesting, you know, did they respond strongly? I'd asked
before, just did they respond strongly to any moments in the
trial? And then do you know through the selection process
who the jury is in terms of it's a firefighter? It's a
secretary? What's the composure of this group? Because I think
that will, in some ways, determine, you know, how they
take some charismatic or, I don't know, nerdy looking kid and
deliver their verdict. Yeah. It's always, I mean, because
this is the jury pool is drawn from the Southern District
voter rolls. So it's like the five, it's not even the five
boroughs, it's Manhattan, the Bronx, and then six counties
above. There were a lot of professional people. There were
a lot of people that were like lawyers. Somebody had, yeah, I
mean, and some of them got knocked off and some of them
didn't. And then you had a very young woman that works as a
checkout in a supermarket. She's on the jury. So it's a pretty
well, there was one guy that, you know, I feel bad for him. He's
an alternate, but he got through the process and was selected.
And the next morning he said, by the way, I'm a night watchman
and they're not letting me out of my job. And the judge said,
you should have told us that earlier because we've let the
whole pool go. And so this is the one if you've seen some of the
coverage is talked about a person sleeping on the jury. He's an
alternate. So it possibly it's it's not necessarily going to
give rise to it to an appellate issue. There's one I want to
jump back to because there's something there's the as people
may know he was in the Bahamas when it when it all fell apart
and he stayed there. His his you know, these three all left the
country and went back to their parents' homes and began very
quickly to get cooperation agreements. But he stayed there
kind of kind of it's a kind of Shakespearean thing walking
around in cargo shorts in the in the condo in the condo doing
doing doing doing zooms with all in sundry. But then he was
arrested by the Bahamian authorities. They taken into
custody and it became I remember this because it was a big we
were in the courthouse wondering when is he going to come? Is
he going to fight extradition? He ended up not he ended up
consenting to extradition. But this is now being used to
actually get him out of several of the charges. The Bahamian
authorities are saying now that he's been extradited, he can
only be tried in the United States on the charges that were on
the table when he was extradited. So there's been as
they've gone through the electronics and the various
files. Yeah, they were file a superseding indictment. Yeah,
they did. They filed one including the Chinese bribery
charge, including the including the campaign finance charges.
And basically, he may be convicted in his first trial on
securities fraud, wire fraud, money laundering and never faced
the other charges. But right now it looks like he and this is
where it gets me may sound like kind of conspiratorial, but
the the political side doesn't it's not just that he looks bad.
The politicians that took the money don't look very good,
right? Because they were being proponents of using the FTC,
the CFTC, they were basically doing Sam's bidding for the
money, which I guess no one is surprised by that. That's
Washington. But we have a political system. Yeah. Yeah. Many
of them didn't want to didn't. Yeah. And there was dark money
to like these guys were not they were not just doing that's the
$2,500 to candidates, they were funding like the Republican
governor. They and there was it was mostly Democrat, but they
have this other guy called Ryan Salam, who he's played guilty,
but without a cooperation agreement. So that's going to
be, to me, it's interesting, like they he may provide them with
information, but he hasn't testified. This is the name
that I put a pin in. I'm remitting to go back to it. There's
a guy called Sam Turbuko. He was a co CEO of Alameda with
Carolyn Ellison. And in the evidence at trial, he left before
the fall, he left seven months before the fall. But he's never
been charged. And he's not a cooperator. But in the Chinese
bribery thing, he was absolutely central to it. Like him and Sam
were saying, like, let's do it. So he's, he's not subject to
this Bahamian Hail Mary of knocking out charges. He's an
American citizen that on evidence violated the campaign
finance laws and the Foreign Corrupt Practices Act. So it's a
mystery. There's a lot of sort of rumors floating around like
where's Sam Turbuko or that maybe DOJ is deferring. It's not
clear to me that the Justice Department has to defer to
Bahamas on this. This is not, they've admitted it's not
really a legal requirement. They're saying it's nice to be
nice. For for future extraditions from the Bahamas,
we wanted them to feel comfortable. But right. And so
some people say to me, it doesn't really matter if he's
convicted of the wire fraud, he's going to do a lot of time
in jail. It doesn't matter. But to me, it does matter. Like it
does the specifics of the campaign finance charges and the
Chinese bribery, these are issues that go well beyond Sam
Bakeman Fried. They're like, how does it work? How does it work?
And it's, it's too convenient. I personally, I go to press
conferences with the US Attorney and I've asked him, but you
can't get an answer to this question. Who decided that that
to that that these really explosive charges that go
beyond just financial chicanery would somehow get swept under
the carpet. And I don't, that's something that I'm going to
continue to pursue wherever the trial ends.
Have they gotten the money back? Is that part of this trial?
Have they talked about recouping the money and getting it back
from different places? Or those who I know those would be
separate actions in some cases.
Yeah, there's a big, there's a big bankruptcy case in Delaware.
And in fact, a lot of the evidence in the case, they sort
of the FTX debtors or there's a there's a snapshot that was
taken of their, their Amazon Web Services, full cloud account
of everything about FTX on November 6, 2022, which seems
to be like the day that it all fell apart that the FTT token
collapsed and people flew out of the country. And, and down
there, those, those are the guys that are the parents have
actually been sued civilly for the money they took. Like this
guy, John Ray, who's the the bankruptcy sort of trustee, he
did the same thing in Enron is a fame, kind of like, try to get
all the money back that you can. Yeah, he's filing all kinds
of lawsuits against against people trying to claw back. I
mean, I wonder, there's other people that got investments, like
you were saying, I don't want to say Michael Kivis, but you
know, Scarimucci, they're all these names floating around that
took that got money. And, and it seems pretty methodically,
they're trying to get to get all the money back.
It's ill gotten gains. And you spent it at a restaurant or a
Nix tickets. I don't think the Nix have to give that back if
you consume something, right? If you invested, and you have it
sitting in your bank account or some amount of it, and you
traded for shares, then the shares are what should be given
back. But I think they could put pressure on somebody, let's say
you raised 10 million, like there is a blog, like a news blog,
semaphore. Yeah, I think that took 10 million. And they
committed to giving it back. And they found new investors. So I
guess they just don't want to be involved in this. So just give
the 10 million back. But let's say they had spent it. Well,
then you owned equity. And so the people who are sold, they
would get the equity. Yeah. So there were other names in
negotiation. Yeah,
yeah, it is. And it's I think a lot of like the committee to
protect journalists, a very high minded group, they got $4,000,
$410,000 in crypto from from FTX or Bankman's Free. No one's
quite clear. And so some months after the flame out, they
quietly gave the money back. And which is good, because
other ones, John Ray is coming knocking at the door. And I
think the parents, the parents are real, they're trying to say
that they never knew the house was in their name. And it just
it doesn't it doesn't pass the smell.
We're using signal and other services to try to cover their
trails. But they seem to have gotten some of these signals. So
does that mean somebody was taking screenshots or recording
it? What would you do for that? And they've tried that the
prosecutors, I don't know if it's if it's fair or not, because a
lot of these, they focused a lot on on Sam Bankman, free
telling, you know, Gary Wang, the shot saying Ellison, to all
set self erase, you know, for four weeks, or then that's it
got things got harder, it seemed to have shrunken down to one
week. Clearly, some of them stopped doing that because the
messengers are there. But they've tried to sort of show like
this. And I think they do have a direct quote from Sam, they
have a witness saying, Sam told them, let's not do this stuff
in writing, it's it's better regulators are going to come
looking for this. And I but I mean, that's all that that that
doesn't necessarily mean you broke the law.
That's standard business advice, too, which is talking about a
legal issue. Let's not totally play pretend we're lawyers and
talk about it on Slack or iMessage, because then an
attorney is going to try to spin that in a case. So that that's
kind of like general health practices. But I was just kind
of interested in that. You know, when you set it on signal, I
believe it's mutual. So if I set it to one week, you're
automatically set to one week, it's kind of like we've agreed on
one week. So I was wondering if people did take screen shots
because I sound away. Yeah, these are that's they may not have
been very experienced in business, but they definitely knew
they definitely knew technology.
And somebody was probably new to cover their tracks to
to what's left in the trial here. We've been at this for some
number of weeks. Sure. When they do a trial like this, they
set a number of weeks, right? They have a certain time.
Yeah, they asked, they said they thought it would be four to six
weeks. Okay. And they tell us that too. We're past three weeks.
And there's been a kind of a hiatus here that Judge Kaplan had
to go to some conference. So there was no squirt last Friday,
and it's going to restart on Thursday. On Thursday, the
government is closing its case. They've basically they yeah,
they're there. That's why we now know that Trebukko is not
being called as a witness. They're you know, they're there.
There was also the general counsel, a guy called can son, he
was given, he wasn't charged, but he was given a non prosecution
agreement. He testified and it can't be used against him. And
his his testimony was basically that he had no idea. But that
event where he's in the final days, Bankman Fried asked him to
come up with a justification for the missing $8 million. And he
he told them there really is none. But here's some here's some
plausible explanations, but they're not plausible. So his and
Sam's reaction was like, Oh, I get it, which is sort of an
admission. Yeah, that I think that was the purpose of that
testimony. So basically, before lunch on Thursday, which is
when the of this week, on Tuesday, they're going to rest
their case. The defense has tried to say give us another break
they've already had this three day break. But they don't that
if they want another break and Judge Kaplan said no, Thursday,
after lunch, you got to start. They might have three weeks to do
their side. Yeah, I don't think they'll take even if they it
seems they don't have an extensive witness list. They
wanted six experts. They're now down to one expert. He probably
will go on Thursday. And then there'll be this magical moment
where the judge says Mr. Bankman Fried, you have an absolute
right to testify. You know, they'll do outside the presence of
the jury. You have a right to tell you don't have to testify.
It's your decision. It's not your lawyer's decision. And when
people are, I mean, these are people that are like deep inside
it. They're thinking like, probably the lawyers almost
always lawyers say don't testify because it doesn't end well,
but this is not ending well either. But it's totally his
decision. He could tell them I'm not going to. And in that
moment moment, you could say, I'm ready. Yeah, I'm taking the
stand. So there's going to be that's like the moment and I'll
get if he definitely if he says no, I choose not I exercise my
fifth amendment, right? I'm not testifying. There's going to be
a lot of disappointed journalists, certainly. And I
think they've disappointed investors, because people I
think they do want to know they don't just want to see him
flame out. But they wanted there. There's been a there's been a
pretty, you know, a pretty workman like presentation. But
there's still something missing. Just like you said, how I
mean, I myself said, when did even in that family, when did it
go from kind of arrogant, pretentious, but ultimately
idealistic, you know, to want to help the poor to like screw the
world, we're better than everybody. And anyone that
criticizes, it's like McCarthyism. When did that happen?
But at what's your right meal? There was a break. And I think
like, this might come out if you start, I think you're going to
get, you're going to get closer, not to the truth, but to the
psychological truth of how it happened. So I'm hoping that he
testifies. What do you think the actual truth is? If you had
to speculate, you know, you're a student of this, you see this
every day, you study criminals, the criminal mind. It's
entitlement, it's how they were raised. In this case, what makes
this guy tick based on everything you see?
I think I think that I mean, I think he's a very strange
character. It's not just that he was, he was not just homeschooled,
he was kind of always off on his own. He definitely does have
some kind of attention deficit. He's a very smart guy. But he's
not, he's not the world's most social person. He's not a, and I
think I think, I mean, I think his initial, you know, he got out
of MIT, he went to work at Jane Street, then he had this, this
alimony, basically, he had this idea of like buying, you know,
buying Bitcoin in the US and sell arbitrage and selling it in
Japan. And I think, I guess, I mean, I don't want to say that
this type, this type of like, you know, it's a funny way to
invest, it's it to me, it's one step away from saying like,
wait a second, if I can like, find a weakness in the market
and exploit it. Yes. Let me find a week. Let me find a week.
Exactly. But it's hard to then remind yourself, you can find
it, you can find an edge in just what we were talking about
Trevor Milton, like the week, there's people are going to feel
better investing in Nicola, if they can think there's a pickup
truck, than if it's just some abstract stock. And I think it's
the same.
Right.
If you look for an edge, you might wind up with edges that are
illegal, unethical, immoral, all of those things. And then some
individuals, maybe they doesn't matter to them, they see
through it, like, I guess, maybe he's on the spectrum in some
way, he doesn't feel empathy for people, the way other people
might.
Right. Yeah. And I think, in a way, it goes this family
background, they think they're better than everybody. And it
really deep, despite the idealism, there's this idea that
like, hey, you know, it's okay to do this, because we have an
also our goal is good, nobody, the laws are for other people,
you know, and I think, I think even even if someone was brought
up, let's say, in a family of people that are like, even like
a parent had, you know, served some time for stock fraud, you
know, there's this legal system, and that like, you go up to the
line and not over it, or you know, this was just outright,
like, whoa, we can do it for the law.
We might as right, we are elitists, we were Stanford,
we're lawyers. Yeah, we, we, we transcend the law. It's
absolutely disgusting. And, you know, when you look at this
case, eight billion dollars stolen, is that the number they're
claiming here? That's that's the dollars. You know, if you took
every low level criminal who robbed a, you know, a grocery
store in Bodega, New York, you know, every dime bag sold in
Washington Square Park, and you added it together over the last
50 years, it wouldn't equal eight billion.
I'm going to give you two, two, I'll give two, two examples.
Last Christmas, when Bankman freed, he was initially allowed
to be out on bail at his parents house in Palo Alto, which was
amazing. It was amazing to me, like, because often they'll say
risk of flight, and also just the loss amount, but he was
released. And I was covering in the courthouse the case of a
guy called, his name, Edwin Pozo, 19 year old Bronx resident
that was along with his friends, you know, fell in and they
did it. Somebody else had the gun, an armed robbery of a
smoke shop. No one was shot, but it's a, it's a federal crime
because, yeah, it's a federal crime. So he's been in prison
since then. He was, he spent Christmas in prison. I did it
like, like, and now he was just sentenced to three years. And
yesterday, here's, even on the financial fraud side, this, this
blew my mind. There's a guy called Adeo Ilocke. He's a man
from Nigeria, real shyster. He did PPP fraud, paycheck,
you know, protection program loan, but it wasn't, it wasn't
that he said that he had a business that he didn't, which
many people have been caught and served time and returned the
money. He stole people's identity and set up fake
businesses. And he stole all told about a million dollars. He
went to trial. He was convicted. Yesterday, he got 25
years in prison. So $1 million or a million dollars. Yes, 25
years. Now he's 8000 times that. Yeah, I don't expect. Yeah, I
wouldn't, I wouldn't be surprised if convicted if he got 15
years. I wouldn't, I wouldn't be that's sort of like the way
most white collar crime works. And it's, it's weird. Like what
makes this guy a Loki different? I guess it's the, the, it's
the, he's sort of at the cusp of white collar and blue collar
crime. It's like, you know, it's, there's a lot of identity
theft that's like people, you know, look, there's a, there's a
spate right now in New York of people stealing checks out of
mailboxes. It's an amazing, they're all of these, and it's a
federal case because the Postal Service is a federal agency.
These guys are coming down from the Bronx with a fishing, a
fishing line with, with duct tape around it with a sticky side
out and taking, taking envelopes out. And then the cops find
them and they open them up. People are still mailing checks.
And there's a whole system of like using chemicals to change
the name on the check. Or in some cases, they're getting the
postal key from God. It's an incredible, it's absolutely
amazing. And, and these guys are getting a low sentence, but
it's, it's, yeah, there, there, there's, I don't know, I don't
know what to say, except that it's the, the, the
number is profoundly unfair. Yeah. The number is huge. And
this is the, what do you think he gets?
If you think 99% and what percent is he guilty? What do you
think he gets? I usually don't. But for you, I'll, I usually
say like, I can't know. But yeah, no, I mean, I think, I think
that he, I, unless he pulls around, yeah, yeah, I mean,
the finding, I think he is guilty. But I think there's 95%
chance he'd be found guilty. That's, that's actually in
keeping with, with 95% of federal indictees end up either
pleading guilty or being found guilty. So they have a very
high batting average. But I think in terms of sentencing,
people are, you know, talking about 110 years, I doubt it
very much. I think he will get out, he will get out, he would,
if convicted, he would get out of jail in his, I don't know,
50s, 60s, 20 years. Yeah. We're, we're, you know, AI and
whatnot will have taken the world by then. I don't know
what, what fraud you'll find waiting for him. But, you know,
or whether that, yeah, there's a guy called Martin Screlly, you
know, the famous. I know Martin Screlly. Yeah. He's been
coming to the trial. He's been coming to the trial. I've
talked to him online. He follows inner city press and sort
of throws comments, and like,
he, I guess he got convicted of fraud for the people who are
investing in his investment vehicle to make drugs. I think
that was the, the charge he got. But I think he's made
himself years. Yeah, he's made himself, he's made himself into
sort of a white collar crime pundit. He's kind of, it's, it's
sort of funny. I mean, I'm, I'm, he's clever. Yeah. It's
clever. It's like a Wolf of Wall Street guy, right? Like he
kind of like, he, if you own it, and then you have something to
say, because he did some kind of like a zoom call with Sam
Bankman Frieden was giving him advice, I don't even saw that
trending on Twitter. It was actually fake. It was with
Doquan and people cropped in and a fake video of Sam Bankman
Frieden. Oh, it was fake. He was actually talking to Doquan and he
was like, jail's not that bad.
He was talking to Doquan about crime. Yeah. And then they just
went to Sam Bankman. Listen,
there are a lot of crypto. I just want to say one, there, beyond
this one, there's like, there, there's a, you know, tornado
cash. There are all kinds of crypto, crypto cases. It's
turning out to be a big, a big, a big beat. And I initially, you
know, it's, it's, it's just amazing. You never know who's
coming in next. And I think there's the guy of Moshinsky
from Celsius. He's, he's been indicted here. He's out on bond
and his co-
Are these all the Southern District of New York?
They're all the Southern District of New York. And it's
Tell me just briefly, because I listened to Pete Barara's
podcast. He seems like a serious, like I've met him. Sure.
These are seriously principal people. Supposed to the show
Billions, the character Paul Giamatti plays is based on him
in some way, like a composite. So it's just as we wrap here,
what, what is the nature of the SDNY? They're pretty hardcore.
Yeah.
They're very, again, they also feel that they're like the best
and the brightest. There's a, there's a lot of, what's
interesting is that there's a lot of competition between them and
the Eastern District, where, which is in Brooklyn and covers,
they have some great cases over there. They're the ones who did
El Chapo. They actually, there's a case that's, that's right
near the courthouse in Manhattan, the, the, the illegal
Chinese police station, the Chinese government opened up a
police, quote unquote, police station to go after its own
dissidents in Chinatown, but it was brought by the Eastern
District. So it turns out, this is something I want to, I
cover this one district very closely, but it turns out that
there's some kind of committee in D.C. that gives the green
light for like, who gets the big cases, right? Because there's
like, everyone wants a piece of it, or a Russian oligarch, you
could do it anywhere, right? But the Southern District
definitely like throws its weight around and has become, and I
think that they, they go out of their way to issue press
releases about, they did, they did a case against a guy from
OpenSea, NFT, an NFT fraud.
Yeah, the guy with fraud around the market.
Yeah, Chastain, Nat Chat, no, yeah, $50,000 loss amount. And
they, they issued press releases, they, because they were like,
this is a cutting edge case, we're not going to rest on these
crypto fraudsters. So I think they've made themselves.
If they see there's a bunch of cases going on, they see
themselves as like, hey, if we come down hard on somebody,
it's going to protect the, you know, the, the public from
future harm. So they kind of have this idea that they need to
set examples of people. Yeah.
And exactly. And I think then I'm interested, I don't want, I
don't want to cast dispersions in the sort of personal
motivations of the people that go to work at SDNY. No one stays
there forever, very few. They might put in eight years and
move up from doing crack cases to securities fraud to, you
know,
Julianne famously ran the SDNY.
And then they cash out to a white shoe law firm, usually doing
white, white collar criminal defense, or there's at least
five of, of, you know, alumni of SDNY commenting on this
commenting on this case and prognosticating one of them,
interestingly, a recent SDNY guy called Emile Beauvais or
Beauve, he represented a Haitian Haitian pastor slash
crypto fraudster named Eddie Alexandre. But he's now
representing not only Miles Guo, Guo Wengui, the sort of very
Chinese dissident slash fraudster, but also Trump, he's
put in a notice of a notice of appearance for Trump down in
DC. So this is this is kind of like, like, show me what you
got for six years at SDNY, and then your career is set. You
know, and I think that love it. Damien Williams managing it
keeps probably like throwing the bone, like I'll let you do this
case. And like, I want to keep this guy on for two more years.
So I'll give him this profile case. I mean, they're all I
actually, I like the what's interesting about that office is
that they all began with the smoke shop, the smoke shop on
robbery. And federal judges, despite their Lewis Kaplan is
dealing with guys that like, you know, robbed mail, and then,
you know, pass a failure analysis while they're on
probation, like 50% of these federal judges time is spent on
very concrete things. And a lot of them show compassion. It's
not they're not like, this is beneath me, get me back into
into the high polluting world. It's it's very knowing what you
know. Do you have faith in our justice system, doing what you
do every day? Do you feel good that justice in my hometown,
New York? Do you feel like it's in good hands? Because we have
this like, sort of anti deep state kind of, you know, hey,
it's all rigged that Trump's kind of putting out there. You
trust the justice system, you feel like
I actually do a much more as a good job.
You know, it's sort of having covered the UN and found a lot
of corruption. And basically, my day to day reporting job was
like debunking things. When I came to the courthouse, I sort of
had the same like, I'd find little, you know, I would be
through, you know, put they'd say, we're sealing the courtroom,
and I'd write a story saying, this is outrageous, we've got to
get I think that's part of journalism is to like, push the
envelope. But I well, it's not just that I sort of I it's the
and it's it's the cases that are not the high profile cases,
it's that it's a judge spending the time to actually like, get
to know how this defendant has been on probation and neither
like, letting them all I have a lot more confidence than I had
when I went in, I think, and it always kills me. People people
love to say like, as soon as the case is wheeled out, oh, that's
a Clinton appointee, or this one's a Trump appointee. And I found
out honestly, that's there's something to be said for this
is lifetime tenure, because the people really, they're they're
almost they're in their own world, the judges don't even talk
that much to each other, each of them has a staff and has a
docket. And they're just in most cases, here's the main thing.
Most cases in federal court don't have anyone covering them at
all. Like, I can't tell you, I've become well known in the
courthouse, because not just for Sam Beckman, Frieder, Trevor
Milton, but your average case, I'm covering a DEA case, there's
nobody covering a DA bribery case, because everyone's focused on
the big cases. And so like, you know, the people somebody was
killed by fentanyl and a daycare. And it's, it's just, and the
judges take the take it seriously. That's my my impression of
them here. It's a deeply kind of moral. They're kind of like, it's
like being a I don't want to say they're like, they're like
monks, but they literally are in their own world like Jedi
knights, you know, they really get mentioned in the newspaper,
they're like samurai, they have a bit of a go nuts and no one
would know. I mean, the problem is they have they have almost
unlimited discretion. It's very hard to win an appeal. So if if
they start going off the rails, it's difficult because you can
start they could start personally, I think the 25 years for
the million dollars this bit, it's too harsh. I don't think I
don't think it'll be reversed on appeal, though, because the
sentencing guidelines allow for that. But I think but I so I
don't who knows, maybe maybe that judge had a particular
insight to this guy, you know, commit very violent crimes. And
you know, they don't get 25 years. So it's it's sometimes as
hard as an outsider to process the sentencing part, but we'll
save that for another week or two or three from now. And Matthew,
it's been awesome. You're my kind of guy. I don't know, did you
grow up in New York? You seem like a New York guy to me.
I'm a Bronx site, but let's put it that way. Okay, I'm a
district. No, Bronx, I probably Bronx, I'm from Brooklyn. So
all right. Yeah, let's go get a slice. All right. Incredible.
They have a folks Matthew Russell Lee from inner city press. I
want you to follow it on X from formerly known as Twitter
inner city press. It's one of the greatest Twitter handles
X handles you could follow. But more importantly, I want
everybody to go to Patreon right now. And if you enjoy his
work, and you want to see him do more of it, you know, toss him
a couple of bucks, and then let's, you know, buy him a slice,
you know, get him a diet coke, whatever he's into. All right,
keep it up. I love the work. And we'll see you on the next
time in between startups.
Machine-generated transcript that may contain inaccuracies.
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*
Today’s show:
Mathew Russell Lee from Inner City Press joins Jason to discuss life as an independent journalist (13:47), startup fraud trends (2:27), his firsthand observations from the SBF courtroom (17:05), the state of the justice system (1:01:16), and much more!
*
Time stamps:
(0:00) Inner City Press’ Matthew Russell Lee joins Jason
(2:27) The failed Nikola Badger launch and trial of CEO Trevor Milton
(10:03) Squarespace - Use offer code TWIST to save 10% off your first purchase of a website or domain at https://Squarespace.com/twist
(11:24) Current status of the SBF trial
(13:47) Matthew's approach to journalism
(17:05) Firsthand observations from the SBF courtroom and reflections on cooperators’ testimonies
(20:56) The dynamics among the accused and framing of their involvement
(23:54) The jury’s key point of interest
(28:38) Catalog - Get $1200 off right now at https://trycatalog.com/twist
(30:07) SBF’s family involvement and use of effective altruism
(34:58) SBF's defense strategy and alleged misuse of client funds
(40:58) .Tech Domains - Apply to get your startup featured on This Week in Startups at https://startups.tech/jason
(43:25) SBF’s extradition and Sam Trabucco's role in the Chinese bribery scheme
(47:09) Money recouping
(50:57) Remaining aspects of the SBF trial
(53:57) SBF's character and upbringing
(56:19) Outcomes of previous fraud cases and thoughts on SBF's conviction
(1:01:16) SDNY's nature and the state of the U.S. justice system
*
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