Now that SBF has been found guilty on all counts, people are asking what sentence he may get. I think the answer is likely decades in prison. People confuse the statutory maximum sentence (the max a judge is allowed to give) with the sentencing guidelines recommended sentence (basically advisory guidance to judges about what the starting point for a sentence should be, given the defendant’s crimes and personal history). Judges always begin their process with that sentencing guidelines recommended range.
Here’s how the sentencing guidelines work: Prison time is recommended by combining a defendant’s prior criminal history with a total numerical offense level. Take the wire fraud count. The guidelines specify an offense level of 7 (§2B1.1) but that offense level gets enhanced for any number of factors the government may demonstrate (eg # of victims, amount of $ loss, sophisticated means, leadership, etc). Here, the loss amount is far and away the real driver of a recommended guidelines prison term. Although the indictment doesn’t allege a specific total monetary loss, the guidelines loss enhancements actually cap out at $550m.
Here’s some quick math re guidelines:
+7 Base Offense Level §2B1.1
+30 loss amount $550M+ §2B1.1(b)(1)(P) (big driver)
+6 25 victims suffered financial hardship §2B1.1(b)(2)(A)
+2 scheme abroad/sophisticated means §2B1.1(b)(10)
+2 leadership role §3B1.1
= 47 Total Offense Level (TOL)**
**this doesn’t take into account all other enhancements the government may pursue, or arguments the defense may advance about why certain enhancements shouldn’t apply, but they would be unlikely to impact the final calculation because the max TOL caps out at 43 anyway.
A TOL of 43 results in a recommended guidelines sentence of life in prison. Suppose, however, that the judge declined to impose some of these enhancements or cut the loss amount in half such that a TOL was closer to, say, 41. That would still yield a recommended guidelines sentence of 27-34 years. Hence why I say decades are likely. With the charges SBF has been found guilty of, the judge could theoretically impose any sentence at his discretion up to the combined statutory maximum, which by my math is around 115 years.
Days after FTX collapsed, Kelsey Piper published an article containing DMs with Bankman-Fried where he discussed how his "ethics stuff" was mostly a front, and denigrated regulators.
We now know he tried to get her to take down the article shortly after.
https://t.co/x5YX11wHJI
@Unchained_pod@lex_node A couple of observations.
1)In relation to the VCs testifying… if they were given a subpoena to attend court to give evidence they need to comply.
2)As for why VCs invested even when their DD told them otherwise, could very much be due to FOMO and looking for that unicorn 🦄
After the first week of the SBF trial, The Chopping Block crew is joined by @lex_node to discuss:
👨⚖️ Is Sam Bankman-Fried a ”sociopath”?
🤔 Why a VC like Matt Huang would testify in such a high-profile trial
🤓 Why SBF’s “quirks of character” may have attracted investors
🔊 Full episode: https://t.co/6E02EAmrkZ
🎧 Listen: In today’s episode of The Journal podcast, @ceostroff discusses the first day of Sam Bankman-Fried’s trial, including the judge who will preside over the case and the jury who will determine the FTX founder’s fate https://t.co/DNIZspZDrD
OK - here from today's (now yesterday's) court exhibits in US v. SBF is the reference to the bribe to Chinese officials, also involving Sam Trabucco, as "the thing" - Inner City Press coverage, SDNY & UN, will continue : ) Support: https://t.co/u4oPsv17a8