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US prosecutors oppose Mango Market exploiter’s motion for acquittal

Following the exploit, Eisenberg claimed he negotiated a settlement with Mango Markets' insurance fund to ensure users retained their money.

Prosecutors for the United States Southern District of New York (SDNY) filed a motion on Sept. 18 opposing Mango Markets exploiter Avraham Eisenberg's request for acquittal or a new trial.

According to the documents filed by SDNY attorneys, the jury correctly convicted Eisenberg by evaluating a "mountain of evidence" beginning with the prosecution's assertion that Mango perpetual swaps are subject to the Commodities Exchange Act.

The federal prosecutors stressed that Eisenberg's defense — arguing the fraud charges do not apply in the case because the defendant did not seek to manipulate the market price of the underlying asset — were materially incorrect and noted the jury instructions on price manipulation. Attorneys for the Southern District of New York asserted:

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Sam Bankman-Fried requests long-acting Adderall to focus during trial

Lawyers for the FTX founder have asked if he can take long-release ADHD medication as he’s been unable to properly concentrate during his trial.

FTX co-founder Sam Bankman-Fried has asked a United States judge for long-release Adderall, saying he’s finding it hard to concentrate properly during his criminal trial.

In an Oct. 15 letter to New York District Judge Lewis Kaplan, Bankman-Fried’s lawyers asked if Bankman-Fried could take a “12-hour extended-release 20mg dose of Adderall” before he’s transported to trial on Oct. 16.

The lawyers added that Bankman-Fried’s lack of the prescribed stimulant during trial hours means he’s “not been able to concentrate at the level he ordinarily would” and wouldn’t be able to “meaningfully participate” in presenting his defense.

The former FTX CEO has been “doing his best to remain focused during the trial” despite his lack of medication during trial hours, the letter added.

Even if Bankman-Fried takes the requested medication, there’s “no way of knowing at present whether the extended-release dose will be effective,” his lawyers said.

Related: Caroline Ellison wanted to step down but feared a bank run on FTX

They requested the court stop the trial for one day — on Tuesday, Oct. 17 — if Bankman-Fried was either unable to take the long-release dose or if the medication didn’t work so they could “find a solution that will work for the remainder of [the] trial.”

Alternatively, the lawyers requested that Judge Kaplan permit them to provide Bankman-Fried with his prescription of Adderall at the District Court during the trial.

The lawyers claimed they had attempted to solve the issue with the Bureau of Prisons, but had not received a response to “numerous emails and voice messages.”

Magazine: Blockchain detectives — Mt. Gox collapse saw birth of Chainalysis

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Report: DOJ and FBI Investigating Terraform Labs in Connection to Algorithmic Stablecoin Collapse

Report: DOJ and FBI Investigating Terraform Labs in Connection to Algorithmic Stablecoin CollapseThe Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) are reportedly investigating the collapse of the algorithmic stablecoin terra usd (UST) and the firm Terraform Labs. Unnamed sources say that former staff members from Terraform Labs, the company behind the Terra blockchain project, have been questioned by U.S. law enforcement. Unusual Relationship: […]

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US Prosecutors Seek to Further Restrict Former FTX CEO Sam Bankman-Fried’s Internet Access

US Prosecutors Seek to Further Restrict Former FTX CEO Sam Bankman-Fried’s Internet AccessThe U.S. attorney for the Southern District of New York (SDNY), Damian Williams, and the Department of Justice (DOJ) are requesting “proposed modifications” to the bail conditions of former FTX CEO, Sam Bankman-Fried. The SDNY prosecutor is asking the court to prohibit Bankman-Fried from using a smartphone with an internet connection. Instead, the disgraced FTX […]

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Report: Former FTX Director of Engineering Nishad Singh Negotiating Plea Deal with Prosecutors 

Report: Former FTX Director of Engineering Nishad Singh Negotiating Plea Deal with Prosecutors Another member of Sam Bankman-Fried’s inner circle allegedly plans to plead guilty to criminal charges for his role in the alleged fraud that occurred at the cryptocurrency exchange FTX. According to unnamed sources familiar with the matter, Nishad Singh, FTX’s former director of engineering, is attempting to negotiate a deal with New York prosecutors. Sources […]

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SBF’s lawyers move to block release of bail guarantors’ identities

The appeal, filed on the last possible day, prevents the names of two bond guarantors for SBF from being revealed until at least Feb. 14.

The names of two guarantors who signed off on part of Sam Bankman-Fried’s $250 million bail bond will continue to remain a secret for now.

A judge has also rejected an agreement that would have permitted Bankman-Fried to use certain messaging apps.

Bankman Fried’s lawyers filed an appeal to block the release of the guarantors' names last-minute on Feb. 7. The appeal did not contain further arguments against the disclosure but it will prevent the order from being enforced until Feb. 14 to allow for an application for a further stay.

The appeal was expected after a Jan. 30 ruling in which United States District Judge Lewis Kaplan granted a joint petition from eight major media outlets seeking to unseal the guarantors' names.

Sam Bankman-Fried in an interview during the Bitcoin 2021 conference. Source: Cointelegraph

At the time, Kaplan noted his order was likely to be appealed given the novelty of the circumstances.

He stated arguments by Bankman-Fried’s lawyers that guarantors “would face similar intrusions” as Bankman-Fried’s parents lacked merit given the size of their individual bonds was much smaller, at $200,000 and $500,000.

Bankman Fried’s parents — Joseph Bankman and Barbara Fried — were the other two parties who signed off on the bond.

Additionally, the judge said the guarantors had voluntarily signed individual bonds in a “highly publicized criminal proceeding,” and had therefore opened themselves up to public scrutiny.

Related: US Attorney requests SEC and CFTC civil cases against SBF wait until after criminal trial

Meanwhile, on Feb. 7 Kaplan rejected a joint agreement between Bankman-Fried’s legal team and prosecutors that would have modified bail conditions and allowed Bankman-Fried to use certain messaging apps.

Kaplan did not provide a reason for denying the motion but added the subject would be further discussed in a Feb. 9 hearing.

Kaplan ruled on Feb. 1 that Bankman-Fried was barred from contacting FTX or Alameda Research employees citing a risk of “inappropriate contact with prospective witnesses” after it was revealed the former CEO had been contacting past and present staff.

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US Feds put together ‘FTX task force’ to trace stolen user funds

United States Attorney Damian Williams said the office is working “around the clock” to respond to the implosion of FTX.

The United States Attorney’s Office for the Southern District of New York (SDNY) has formed the FTX Task Force to “trace and recover” missing customer funds, as well as handle investigations and prosecutions related to the exchange’s collapse. 

The announcement came in a statement from U.S. Attorney Damian Williams, who is the federal prosecutor in the FTX case involving founder Sam Bankman-Fried.

Charges from the Manhattan attorney’s office against Bankman-Fried include wire and securities fraud, conspiracy to commit wire and securities fraud, money laundering and violation of campaign finance laws.

“The Southern District of New York is working around the clock to respond to the implosion of FTX,” said Williams in the statement, adding:

“It’s an all-hands-on-deck-moment.”

“We are launching the SDNY FTX Task Force to ensure that this urgent work continues, powered by all of SDNY’s resources and expertise until justice is done.”

According to the SDNY, the task force’s team consists of senior prosecutors from its securities and commodities fraud, public corruption, money laundering and transnational crime enterprise units — which will be responsible for the “investigation and prosecution of matters related to the FTX collapse.”

Meanwhile, its “asset forfeiture and cyber capabilities” will be used to “trace and recover” the billions of dollars worth of missing customer funds, it added.

A similar effort had already been underway by FTX’s new management, which hired financial advisory company AlixPartners in December to conduct “asset-tracing” for FTX’s missing digital assets.

Related: Sam Bankman-Fried enters not guilty plea for all counts in federal court

The Manhattan U.S. Attorney’s Office reportedly first began its probe of FTX’s collapse shortly after the firm filed for bankruptcy on Nov. 11.

According to its website, the U.S. Attorney's Office for the Southern District of New York is known for prosecuting cases involving the violation of federal laws and investigates a broad array of criminal conduct “even when the conduct arises in distant places.”

FTX and key executives including Bankman-Fried, co-founder Gary Wang and Alameda Research former CEO Caroline Ellison had since September 2021 been operating out of the Bahamas,  where many of the alleged crimes are believed to have been perpetrated.

On Jan. 3, Bankman-Fried pleaded “not guilty” to all eight criminal charges related to FTX’s implosion — which carries a total of 115 years of prison for the FTX founder if he is convicted.

Last month, Wang and Ellison pleaded guilty to federal fraud charges relating to their role in the collapse of the FTX exchange.

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FTX Co-Founder Faces ‘No-Nonsense’ Judge Next Week, Report Says SBF ‘Expected to Enter a Plea’ in Fraud Case

FTX Co-Founder Faces ‘No-Nonsense’ Judge Next Week, Report Says SBF ‘Expected to Enter a Plea’ in Fraud CaseAccording to court documents, Sam Bankman-Fried (SBF) is set to be arraigned by the federal court in the Southern District of New York (SDNY) on Jan. 3, 2023. The disgraced FTX co-founder plans to enter a plea in his fraud case in front of U.S. judge Lewis Kaplan in Manhattan, according to a report published […]

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Caroline Ellison’s Testimony Claims FTX Boss SBF Directed Her to Co-Mingle Customer Funds Since 2019

Caroline Ellison’s Testimony Claims FTX Boss SBF Directed Her to Co-Mingle Customer Funds Since 2019On Dec. 23, 2022, Matthew Russell Lee from the Inner City Press published the recently unsealed guilty plea transcript of Caroline Ellison, Alameda Research’s former CEO. In her statements, Ellison describes that she was the co-CEO and CEO of Alameda, and under those roles, she reported directly to the former FTX CEO Sam Bankman-Fried (SBF). […]

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SEC Charges Against FTX, Alameda Execs Wang and Ellison Reveal Key Findings, US Regulator Says FTT Is a Security

SEC Charges Against FTX, Alameda Execs Wang and Ellison Reveal Key Findings, US Regulator Says FTT Is a SecurityOn Dec. 21, 2022, members of U.S. law enforcement detailed that FTX co-founder Gary Wang and ex-Alameda Research CEO Caroline Ellison have pleaded guilty to financial fraud charges. The recent charges against Wang and Ellison highlight some key findings and according to the U.S. Securities and Exchange Commission (SEC), FTX’s exchange token FTT is considered […]

Arbitrage trading in crypto, explained