October 16, 2023

Why These Lawyers Say It's Over for SBF--But His Only Hail Mary Is to Testify - Ep. 557

1 hour 15 minutes

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.

Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform.

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?

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Guests:

Sam Enzer, partner at Cahill Gordon & Reindel.

Previous appearances on Unchained:

SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case

SBF’s Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?

Greg Strong, partner at DLx Law

Links

Previous coverage by Unchained on the trial of Sam Bankman-Fried:

How Heated Sidebars During the SBF Trial Could Impact the Jury’s Decision

SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF’s Family

SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied’ While Defense Claims His Actions Were ‘Reasonable’

SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact

SBF Trial, Day 4: SBF’s Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda’s Special Privileges

Sam Bankman-Fried Trial: Here's Everything That Happened So Far

SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison?

SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life'

SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness?

SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges

SBF’s Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?

Did Sam Bankman-Fried Have Intent to Defraud FTX Investors?

Here’s How Sam Bankman-Fried’s High-Stakes Trial Could Play Out

SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case

The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect

Go deeper into the trial:

Unchained:

In the SBF Case, Elite Corruption Is What’s Really on Trial

Cooperating Witnesses in the SBF Trial May Get Little to No Prison Time

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By Laura Shin

4.6

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