These Lawyers Say SBF Is Losing, But He Has One Option: to Testify

Why These Lawyers Say It's Over for SBF--But His Only Hail Mary Is to Testify - Ep. 557
Samson Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLX Law, dissect the second week of the criminal trial of Sam Bankman-Fried. At this point, the prosecution’s star witness, former Alameda Research CEO Caroline Ellison, has testified, as well as another prominent insider, co-founder Gary Wang. Both Enzer and Strong believe that it’s already over for the defense, but agree that the only thing that could turn it around is testimony from SBF himself-but that runs the risk of the defendant significantly increasing his sentence.
Find out how they thought the more salacious details of Ellison’s testimony, concerning alleged bribes to Chinese government officials, would affect the jury, and why Enzer believes introducing that testimony may have been risky for the government.
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Show highlights:
🔹Whether the prosecution gave the defense any fodder for its failed entrepreneur theory
🔹How SBF and Ellison’s romantic relationship could affect the jury’s deliberations
🔹The jury’s reaction to Ellison saying SBF’s belief was that “don’t lie, don’t steal” didn’t fit into his philosophy of utilitarianism
🔹Why the defense didn’t object to the mention of alleged bribes to Chinese government officials the first time
🔹Why the defense attorney complained about photos shown of SBF and his hair
🔹How the jury might react to the testimony involving alleged Chinese government bribes, Thai prostitutes, and Saudi prince
🔹How Ellison crying in her testimony could affect the jury
🔹Why the defense didn’t ask Ellison about not hedging
🔹Why the cross-examination of Gary Wang was limited in its success for the defense
🔹What caused a moment of tension between Zac Prince and the defense
🔹Why Greg and Sam think SBF shouldn’t testify, but believe it’s his only, very risky, chance
🔹If convicted, how many years do they think SBF’s prison sentence will be?
Thank you to our sponsors!
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Guests:
⭐️Sam Enzer, partner at Cahill Gordon & Reindel
⭐️Greg Strong, partner at DLx Law
_______________________________________________________
Time Stamps:
00:00 Introduction
02:23 Reactions to second week of SBF trial
04:28 Did the prosecution open the door to the failed entrepreneur theory?
10:26 SBF and Ellison’s personal relationship
17:40 Bankman-Fried’s morality around “don’t lie, don’t steal”
19:51 Did the defense mess up?
26:20 Why did the defense attorney object to photos of SBF?
31:42 Effect of testimony of alleged Chinese government bribe, Thai prostitutes, Saudi prince
35:47 The significance of Ellison crying in her testimony
42:14 Overall verdict on defense’s cross examination of Ellison
45:13 Why the defense didn’t ask Ellison about not hedging
49:47 What the defense was able to do (and not do) with their cross-examination of Gary Wang
59:30 The moment of tension between Zac Prince and the defense during cross-examination
1:05:54 Should SBF testify?
1:10:02 If convicted, how many years do they think SBF will get?
_______________________________________________________
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Пікірлер: 96

  • @emmarivera3102
    @emmarivera31029 ай бұрын

    sam enzer should have his own youtube channel to comment on high profile cases🥳👏

  • @youwillnotgetmyintents

    @youwillnotgetmyintents

    9 ай бұрын

    yeah agreed, really interesting

  • @louisnemzer6801
    @louisnemzer68019 ай бұрын

    Great anaylsis. The trial has been so eventful, and it is nice to hear from experienced commentators.

  • @philippebyrnes1213
    @philippebyrnes12139 ай бұрын

    Outstanding panel. I come from a family of lawyers (I'm not one, someone in the family had to earn an honest living ;-) and had a law professor father. This sounds like some dinner table conversation. Really enjoyed this episode.

  • @ubilozberossus1579
    @ubilozberossus15799 ай бұрын

    Sam explained a lot of things in a simple manner that was easy to understand, and I hope to hear more from Greg in the future, his input was great and enlightening as well. Thank you, Laura.

  • @My-3-Sons
    @My-3-Sons9 ай бұрын

    Sam Enzer is going to get called when the next 30 yr billionaire needs defense

  • @michaelholmes4178

    @michaelholmes4178

    9 ай бұрын

    I think CZ is a little older than that.

  • @AlexofCharmCity

    @AlexofCharmCity

    9 ай бұрын

    @@michaelholmes4178 😆 🤣 😂

  • @isaacchassman6453
    @isaacchassman64539 ай бұрын

    The fact that this trial isn’t public is unamerican, I mean this is great content, think of the views!

  • @PamelaEgan01

    @PamelaEgan01

    9 ай бұрын

    It is public. It just isn't televised or otherwise recorded by video. But you can go down to the courtoom (early) and watch. Or you can read the transcript.

  • @paul.dudley
    @paul.dudley9 ай бұрын

    Not a crypto disciple but fascinated by this trial. Outstanding interview and insight. Please repeat this panel later in the trial!

  • @blinzi69
    @blinzi699 ай бұрын

    maybe Sam should have hired Sam Enzer as his lawyer lol

  • @alexhubble

    @alexhubble

    8 ай бұрын

    He would advise a different plea.....

  • @someonesomewheresometime3897

    @someonesomewheresometime3897

    8 ай бұрын

    no matter who he hired, he was completely and absolutely screwed. what he should have done, rather than pick this or that lawyer, was to plead guilty and cooperate with justice. that was his only smart move, the rest is irrelevant.

  • @PamelaEgan01
    @PamelaEgan019 ай бұрын

    Sam Enzer thinks an SBF sentence will be "north of 20 years." For a thirty year old, that's a huge amount of time.

  • @billhayes4682
    @billhayes46829 ай бұрын

    Sam is a great explainer…. I feel smarter. Tyvm

  • @christieomojo
    @christieomojo9 ай бұрын

    Very good discussion from both lawyers. They shared great insights.

  • @emceha
    @emceha9 ай бұрын

    His testimony is going to be hilarious. He will try to use the same bullshiting tactics like in interviews, let's see how it goes against prosecutor.

  • @jean-martinfernand8068
    @jean-martinfernand80688 ай бұрын

    You are the best guys. Thanks for this.

  • @catherinearmstrong388
    @catherinearmstrong3889 ай бұрын

    Very insightful panel. Thank you!

  • @CAROLMAYES-hz7eh
    @CAROLMAYES-hz7eh9 ай бұрын

    Laura, excellent coverage of the trial and Sam and Greg are so informative and entertaining.

  • @steverobinson8771
    @steverobinson87719 ай бұрын

    Sam's analysis has been fantastic, thus far 🙂

  • @edwardwong654
    @edwardwong6549 ай бұрын

    I think if I was SBF I would go with the alien abduction defence. Even the Hail Mary is too far gone.

  • @PamelaEgan01

    @PamelaEgan01

    9 ай бұрын

    At sentencing we'll hear about adderall abuse, autism, depression, aliens, etc.

  • @cj_3565
    @cj_35659 ай бұрын

    Fabulous commentary....great guests!

  • @aviation11000
    @aviation110009 ай бұрын

    It's crazy how SBF most likely paid $10M+ for defense lawyers whose performance has been trash so far

  • @Johnbartheart

    @Johnbartheart

    9 ай бұрын

    Maybe a free court appointed lawyer might have done a better job...and saved Sam the $10M that he stole from the Alameda customers..

  • @someonesomewheresometime3897

    @someonesomewheresometime3897

    8 ай бұрын

    nah, his lawyers are likely very good, its just that sbf's situation is hopeless, and made far worse by his own moronic decision to plead not guilty, go to trial and testify. what i am saying is that sbf had absolutely no way out, the guy was guilty as sin, he himself gave an enormous amount of evidence to the prosecution, and showed zero regret. no lawyer on earth would have saved him from a guilty verdict on all counts.

  • @michaelrush6083
    @michaelrush60839 ай бұрын

    Fabulous great conversation

  • @danielle2661
    @danielle26619 ай бұрын

    Excellent panel.

  • @warrenpeece1726
    @warrenpeece17269 ай бұрын

    How fun that would be! The cross examination will be epic, the performance of a desperate person knowing it's his last chance,

  • @hairychris444
    @hairychris4449 ай бұрын

    So SBF's lawyers are practising effective altruism towards the prosecution. 10/10.

  • @spacewalktraveller1
    @spacewalktraveller19 ай бұрын

    A really big thanks to Sam and Greg. It was great to hear two lawyers explain the case. It was a great interview, I really hope they come back for another interview. Thanks Laura for all of your hard work, you're doing an excellent job. Personally, I'm not into crypto but this story is so fascinating to follow, the more you learn about this story the more bizarre it gets. It will be interesting if Sam's parent go to trial, as they are being sued by FTX.

  • @ohhs7830
    @ohhs78309 ай бұрын

    I think the goal of the Caroline Ellison testimony was for her to be the social conscious of FTX. It was to try put each jury member as an employee of FTX and what would you if you were Caroline Ellison. Clearly, CE was upset and guilty about what she asked to do by CBF. The prosecution is trying to educate each juror how to be a corporate accountant in a matter of a few weeks. Eventually the jurors will convict using their personal life experience and knowledge of good and evil people. It's a waste of time to try to educate the jury about a how a financial enterprise like this should be run.

  • @ordinaryman2299
    @ordinaryman22999 ай бұрын

    it's simple case of he stole peoples money and threw it away on trash !!!

  • @diggee172
    @diggee1729 ай бұрын

    Thanks a lot. I listened to the whole thing. I know nothing about crypto but I have been a trial junkie about fraud since Enron!

  • @bitcoinbeavis7742
    @bitcoinbeavis77429 ай бұрын

    He wasn’t a failed entrepreneur, he was a failed thief.

  • @bearwolffish
    @bearwolffish9 ай бұрын

    Ye it sounds like she's not taking responsibility. But is hard to feel bad for Sam.

  • @BLUEGENE13
    @BLUEGENE139 ай бұрын

    He's losing?! How this is unheard of

  • @edwardwong654
    @edwardwong6549 ай бұрын

    That is not a play option as unfortunately SBF does not have a personable persona. Nevertheless, it isn't over til it's over. Great channel Laura!

  • @IbnBahtuta
    @IbnBahtuta9 ай бұрын

    He doesn't answer questions in recognisable sentences leading the listener to wonder why he is taking so long to answer a yes-no question. I think it would be very productive if he took the stand, especially from the court artists point of view as it will give them the rare opportunity to draw the whole farce in the style of Gerald Scarfe.

  • @kylebroflovsky6015
    @kylebroflovsky60159 ай бұрын

    SBF sounds like the archetypal altruist, at least in the modern sense. His perceived moral compass exceeds all other considerations even at the price of understood moral and ethical boundaries. Right and wrong is irrelevant, what he deems the necessary end justifies the means.

  • @donaldlyons17

    @donaldlyons17

    8 ай бұрын

    When was the last time you meet a business owner that cared more about their workers than the business? To expect different from the people in charge than how SBF is seems strange. Look at the biggest names on KZread are they worried about their audience or are they in it for themselves?

  • @DAVIDMILLER-nc9vo
    @DAVIDMILLER-nc9vo9 ай бұрын

    Could not the prosecutor positioned herself between the witness, Caroline Ellison, and the defendant SBF, so that Ms. Ellison would not see SBFs antics?

  • @LauraShin

    @LauraShin

    9 ай бұрын

    No, there’s very specific spots where everyone stands or sits.

  • @DAVIDMILLER-nc9vo

    @DAVIDMILLER-nc9vo

    9 ай бұрын

    During the John Depp-Amber Heard trial there was a podium and that seemed like it was a specific place for counsel and proctors for that trial. Thanks for your reply, and I enjoy your videos.@@LauraShin

  • @Kimberly_Sparkles
    @Kimberly_Sparkles9 ай бұрын

    Commenting on 15:39: Outside of the income, what did Sam's co-conspirators gain from the fraud? Would they have gained that money regardless of participation in the fraud? The thing is this does feel cult like. Sam became famous, Sam's agenda and investments were invested in. Who decided they should live communally? Sam. How much were these guys getting to decide what to do with the spoils of the fraud? It doesn't feel like they had a lot of control over the benefits of the criminal activity. They don't feel like equal co-conspirators who did this together with Sam. It feels like Sam has a certain kind of charisma and he applied it to them and he kept those most malleable to his influence. And then he profited and became SBF, altruist and philanthropist, "Aren't I a good guy?"

  • @johannesdenholt4928
    @johannesdenholt49289 ай бұрын

    I've begun religiously following this channel as the trial continues.

  • @alexhubble
    @alexhubble8 ай бұрын

    Sam Enzer is so good! KZread can't be all bad if you can find this...

  • @cateelisabethlsn6400
    @cateelisabethlsn64009 ай бұрын

    He made phonecall from prison with a you tuber to say that caroline is a big liar

  • @NappyWayz
    @NappyWayz9 ай бұрын

    13:48 I don’t know if it’s the edits, but this sound change seems kind of sus.

  • @bellezanegra0206
    @bellezanegra02069 ай бұрын

    Testifying isn’t going to help him. He did not come off well in the interviews he tried to do during his PR campaign.

  • @pretorious700
    @pretorious7009 ай бұрын

    There's never certainty in any case involving jurors. It only takes one idiot.

  • @gijbuis

    @gijbuis

    9 ай бұрын

    Or maybe just one juror who is prepared to make an independent judgement without being led by the fire and fury of the media who have already made their judgements before hearing the evidence.

  • @pretorious700

    @pretorious700

    9 ай бұрын

    @@gijbuis lol, yeah...right. Forget the mountain of evidence.

  • @munyashumbanimations
    @munyashumbanimations9 ай бұрын

    Sam Enzer seems to know what he's talking about

  • @juliametcalf2660

    @juliametcalf2660

    9 ай бұрын

    Too bad for Sam he didn't hire Mr Enzer ....just to hear a well thought out person with clear gravitates would help hapless Sam to actually communicate but nothing will make up for a lack of morals or ethics

  • @munyashumbanimations

    @munyashumbanimations

    9 ай бұрын

    @@juliametcalf2660 Fair.

  • @adrianinsing
    @adrianinsing9 ай бұрын

    Great channel and watching avidly -other that you, too many people visiting the court and commenting on the trail - it's a risk for them as Sam is desperate and could claim "Contempt of Court" through his lawyers that collectively these posts amount to Sam not being able to get a fair trial - we all know Jury not supposed to watch social media) - anything that Sam can get to delay the verdict or influence the Jury he will grasp at - your commentary here is fine - I am writing about those many who just post and that pass judgement online

  • @adrianinsing

    @adrianinsing

    9 ай бұрын

    Not sure about US but here in UK it works like this:- Contempt of court refers to behaviour that undermines or prejudices court proceedings and interferes with the administration of justice, or creates a real risk of that happening. The same rules apply to members of the public as they do to journalists, especially when posting on social media. Posting about a case or upcoming trial on social media could amount to contempt of court if it: • Comments on facts or evidence that will be heard during the trial. • Mentions the defendant’s previous convictions or character. • Names someone in breach of an injunction or court order. • Names victims, witnesses, and offenders under the age of 18. • Names a victim of a sex crime. • Shares any information about a case that the judge has ordered to be kept private. • Records and/or shares images, video content, or sound clips from the trial. • Publishes a court judgment in breach of an embargo.

  • @msmacmac1000
    @msmacmac10009 ай бұрын

    There seems to be hagiography around “SBF.” Why? Is greed what makes him special?

  • @PamelaEgan01

    @PamelaEgan01

    9 ай бұрын

    He's elite. His parents are Stanford professors. He went to MIT. He's also young.

  • @joanwiggins9993
    @joanwiggins99939 ай бұрын

    Give Greg Strong a chance to comment.

  • @MizzC888
    @MizzC8889 ай бұрын

    Busted

  • @so14075
    @so140758 ай бұрын

    Sam Enzer is the man

  • @chrissheppard5068
    @chrissheppard50689 ай бұрын

    You need to stop referring to him as S.B.F as he is one S.O.B. His lack of contrition and ease with which he is prepared to lie and accuse others of what he set up is disgusting.

  • @mariahummel8542

    @mariahummel8542

    9 ай бұрын

    Did you know that the bankruptcy lawyers have been finding assets and money worth billions? They said it’s been like and Easter egg hunt.

  • @randylochtefeld2806
    @randylochtefeld28069 ай бұрын

    SBF made the venture investments while FTX/Alameda was deep in the hole as a best effort attempt to get out of the deep financial hole before discovery of the impropriety.

  • @BLUEGENE13

    @BLUEGENE13

    9 ай бұрын

    Venture investments to do that sounds insane

  • @vincentorlando6767
    @vincentorlando67679 ай бұрын

    Laura, I wonder what these attorneys think the witnesses who participated in fraud and now cut deals with prosecutor for reduced sentences?? How much time will they get? If they estimate SBF will get at least 20, the witnesses perhaps 5 years?

  • @PamelaEgan01

    @PamelaEgan01

    9 ай бұрын

    They think the witnesses are credible.

  • @iwsutw
    @iwsutw8 ай бұрын

    They were dating because they had our money in common

  • @justkaz7104
    @justkaz71049 ай бұрын

    3

  • @iwsutw
    @iwsutw8 ай бұрын

    Lol dating

  • @gijbuis
    @gijbuis9 ай бұрын

    Using customer funds for private investments is the business model for banks. Yes, FTX and Alameda were not subject to the same control as banks but there are a load of finance companies out there who operate in pretty much the same way as FTX. The court has ruled that 'everybody else is doing it' is not a defense - but it is a fact! The only reason that SBF and his team have been singled out for prosecution is that his companies grew so spectacularly in such a short space of time, making them a bigger risk for the house of cards which esentially constitutes the world economy. SBF is really no more or less guilty than anyone else in the financial jungle.

  • @izzyisfitt

    @izzyisfitt

    9 ай бұрын

    The difference is that banks tell their depositors that their funds will be used for investments. That's the reason they are charging him for fraud

  • @1312Mork2

    @1312Mork2

    9 ай бұрын

    Theres quite a big difference between banks having this business model and SBF quietly using customer funds and playing god with them without consent

  • @patrickcross5195

    @patrickcross5195

    9 ай бұрын

    banks also have a minimum reserve requirement and, in my country at least, have the backing of the federal government for deposits up to 250k in the event of collapse. bit different.

  • @pyap9779

    @pyap9779

    9 ай бұрын

    Blockfi was lending out customers' coins like a bank, the difference is Blockfi told its customers beforehand, FTX told customers their money will be their property and FTX was just a custodian. It never mentioned it will use their money for investment and worst, as loans for Alameda to give out to SBF inner circle and SBF himself.

  • @LauraShin

    @LauraShin

    9 ай бұрын

    You must not be a crypto person. Crypto is like cash, so lending it out is tricky and exchanges are subject to near constant hacks because once a thief gets ahold of the crypto, it’s finder’s keepers. Exchanges are thought of as vaults. I’ve heard them described as “Fort Knox.” Yes, *banks* have fractional reserves, but a crypto exchange is not at all like a bank. It is generally treated as a place where assets are to be protected at all costs. So, no, in the case of crypto exchanges it is not true that everyone else’s is doing what FTX did. Many of them have very elaborate schemes for making sure they are never hacked.

  • @gijbuis
    @gijbuis9 ай бұрын

    Using customer funds for private investments is the business model for banks. Yes, FTX and Alameda were not subject to the same control as banks but there are a load of finance companies out there who operate in pretty much the same way as FTX. The court has ruled that 'everybody else is doing it' is not a defense - but it is a fact! The only reason that SBF and his team have been singled out for prosecution is that his companies grew so spectacularly in such a short space of time, making them a bigger risk for the house of cards which essentially constitutes the world economy. SBF is really no more or less guilty than anyone else in the financial jungle.

  • @emceha

    @emceha

    9 ай бұрын

    lol, white knighting guy that lost billions like an idiot and scammed his clients

  • @1312Mork2

    @1312Mork2

    9 ай бұрын

    Ftx was not a bank

  • @pyap9779

    @pyap9779

    9 ай бұрын

    Banks have the consent of their customer; FTX never has the consent to use customers fund, in fact it said it will not touch their money, FTX is just a custodian to their money. Big difference.

  • @sommi888
    @sommi8889 ай бұрын

    ❤💛💚💙 SBF is innocent. Let him go!

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