SBF’s trial resumed on Oct. 27, with the previous billionaire taking the stand within the latter half of the day after the prosecution’s ultimate witness within the case was excused.
The listening to started with the prosecution bringing their witness — FBI agent Mark Troiano — to the stand to primarily present insights into the existence, nature, and authenticity of Sign teams involving SBF.
Following Troiano’s testimony and cross-examination, the prosecution rested its case and handed over the courtroom’s reigns to the protection, which started its case with the testimony of SBF himself.
Throughout his testimony, he asserted that attorneys performed a pivotal position in shaping essential selections inside the alternate. He maintains that his actions had been pushed by a honest perception of their legality, on condition that authorized consultants had authorised sure facets of his insurance policies.
However, through the cross-examination, he often faltered in his responses, continuously citing an absence of recollection relating to interactions with legal professionals. The presiding decide constantly emphasised the significance of offering direct responses to the questions posed.
The jury was despatched house earlier than SBF took the stand, and not one of the members had been current through the former billionaire’s testimony.
Choose Lewis Kaplan instructed the courtroom that the federal government contends the jury mustn’t hear sure elements of SBF’s testimony. It’s unclear which facets of the testimony are unsuitable for the jury.
300 Sign Teams
Troiano’s testimony revolved round his examination of Sign teams discovered on the gadgets of Caroline Ellison and Gary Wang. These Sign teams are central to the prosecution’s case.
To determine the credibility and authenticity of the digital proof, Troiano testified that he cross-referenced the names and telephone numbers related to the individuals in these Sign teams. He stated this step was important in guaranteeing that the digital communication inside these teams was a dependable foundation for the trial.
One essential side that Troiano highlighted was the sheer quantity of Sign teams that SBF was concerned in. He revealed that the previous billionaire had participated in over 300 Sign teams between 2021 and 2022. This data means that SBF was extensively engaged in digital communications and collaborations throughout that interval.
Moreover, Troiano famous {that a} substantial portion of those Sign teams — roughly 288 of them — had the auto-delete performance enabled. This characteristic robotically deletes messages after a set interval, which might have an effect on information retention and knowledge preservation inside these teams.
Cross-examination
Throughout Troiano’s cross-examination, the protection aimed to make clear a number of essential facets of the case.
The protection started by looking for to ascertain that Troiano had circuitously labored on the case, suggesting a level of detachment from the precise circumstances. The legal professionals subsequently turned to the creation and dealing with of a big doc introduced throughout Troiano’s testimony referred to as GX 1083.
Troiano confirmed that he was not the writer of this doc and had obtained it from the prosecution. Moreover, the protection inquired about the opportunity of edits to GX 1083, with Troiano acknowledging that the prosecutors would have made any alterations.
The protection additionally probed Agent Troiano’s understanding of the safe messaging app Sign and the importance of an auto-delete column in GX 1083. Id verification inside Sign teams and the character of those teams had been extra factors of curiosity.
The overarching goal of the protection’s cross-examination was to forged gentle on numerous sides of Troiano’s testimony, consider the credibility of the proof introduced, and doubtlessly unearth any inconsistencies or gaps pertinent to SBF’s case.
Troiano was excused from the stand, and the courtroom took a break till 2 p.m. when the protection started presenting its case. Nonetheless, the jury was despatched house earlier than SBF took the stand.
SBF takes the stand
Throughout his time on the stand, SBF addressed a number of essential factors related to the case.
Protection legal professional Mark Cohen initiated the questioning by asking concerning the communication platforms FTX used. SBF talked about Telegraph, Slack, and Sign as the first platforms employed by the corporate.
When requested about Sign, SBF clarified that it was not saved by any host, highlighting the significance of encryption to guard information because of issues about safety breaches.
SBF then defined that FTX was headquartered in Hong Kong and had safety issues throughout its time there. Moreover, there have been issues about former staff doubtlessly promoting information to opponents.
When questioned whether or not FTX had been hacked, SBF acknowledged that there had by no means been a core breach however acknowledged that third events had skilled hacks.
The dialogue then turned to doc retention, with SBF mentioning that Dan Friedman, who beforehand labored at Fenwick & West, was concerned in shaping the coverage. When requested what individuals might do with messages, SBF defined that messages could possibly be set to auto-delete for casual discussions on Sign.
Nonetheless, Choose Kaplan requested extra particular data, and Cohen inquired whether or not SBF had acted in accordance with the doc retention coverage. SBF indicated that, to his data, he had complied with the coverage and that auto-deletion was sometimes used for non-decision-making channels.
Cohen then introduced doc GX 1083 and questioned why SBF had turned off auto-delete. SBF defined that he had heard issues from regulators. Cohen additionally requested about people like Ryne Miller, the Basic Counsel of FTX US, and Brett Harrison, the CEO of FTX US, concerning the doc retention coverage.
Shifting on, the dialogue shifted to North Dimension, with SBF revealing that Alameda had set it up in 2020. He additionally talked about that Friedberg had offered him with paperwork to signal for this goal.
Cohen requested about SBF signing for each FTX and Alameda, to which SBF responded that he was the CEO of each entities at the moment and that FTX didn’t have a checking account. SBF additionally expressed his perception that taking FTX deposits by way of Alameda was authorized.
A banking software doc for the North Dimension checking account was introduced through the cross-examination, with Dan Friedberg’s signature on it.
SBF additionally confirmed that the funds for enterprise capital investments got here from Alameda Analysis.
Cross-examination
SBF confronted relentless cross-examination by U.S. prosecutor Danielle Sassoon, which aimed to make clear numerous facets of the case, together with the alleged misappropriation of buyer funds and questionable communication practices inside the firm.
All through the cross-examination, SBF continuously apologized for not understanding or accurately addressing questions. He repeatedly used the phrase “contemporaneously” when requested about his understanding of paperwork or conversations, which appeared to frustrate the prosecutor.
Sassoon interrupted SBF a number of instances, insisting that he reply her questions immediately.
One notable level of rivalry was the aim of the North Dimension checking account and who determined to simply accept buyer deposits into that account. SBF repeatedly referred to a cost agent settlement between Alameda and FTX, which he had signed, and didn’t present a simple reply to the query.
Sassoon additionally inquired concerning the auto-delete characteristic in some Sign chats to find out if SBF or former Alameda CEO Caroline Ellison had mentioned the alleged $13 billion gap in buyer funds utilizing this messaging app. SBF responded uncertainly and stated they “in all probability” did, however he wasn’t totally positive.
When requested about any paper communications with attorneys, SBF talked about that that they had requested some paperwork however had not obtained them, although the trial had been ongoing for about 4 weeks.
At this level, Choose Kaplan urged him to take heed to the questions and supply direct solutions.
An fascinating second occurred when Sassoon requested if SBF understood that safeguarding buyer property included not embezzling these funds, leading to an objection from the protection.
Sassoon’s persistent questioning led to quite a few objections from the protection, with Cohen remarking that the cross-examination had exceeded its scope and resembled a deposition.
Nonetheless, Choose Kaplan allowed the questioning to proceed regardless of these objections. SBF’s testimony and cross-examination lasted roughly three hours. The courtroom is ready to reconvene on Oct. 27.
What’s subsequent?
The trial is now in its ultimate levels, with extra witnesses, together with Krystal Rolle and Joseph Pimbley, anticipated to testify.
Rolle’s testimony will present perception into a gathering between SBF and Bahamian regulators in November 2022, whereas Pimbley, a database professional, will focus on information associated to letters of credit score balances.
Because the trial nears its conclusion, Choose Kaplan expressed concern over the intensive paperwork submitted through the proceedings, jokingly referring to it as “the deforestation of America.”
The trial’s end result stays unsure, with deliberations by the jury anticipated to comply with the ultimate days of testimony.
