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U.S. Justice Department Refutes Ex-FTX CEO's Regulatory Absence Defense in Crypto Case

Thu, 05 Oct 2023, 03:08 am UTC

Justice Department responds to FTX's former CEO defense, refuting claims over U.S. crypto regulatory gaps.

The Justice Department recently responded in court to a defense motion from Sam Bankman-Fried, the ex-CEO of crypto firm FTX. They challenged the claim that U.S. crypto regulatory absence made Bankman-Fried exempt from criminal prosecution.

On October 4, the department refuted the defense's appeal for a re-evaluation of charges, especially those tied to FTX's alleged misappropriation of funds. Defense attorneys for Bankman-Fried contended that since FTX wasn't regulated in the U.S., their client operated according to FTX U.S. guidelines.

The Justice Department dismissed this contention as unrelated to the case. They emphasized that a defendant taking money from victims isn't reliant on the presence or absence of regulations. The department clarified that the notion of lacking rules for customer fund usage is mistaken because there are definitive laws in place addressing this matter.

These laws clearly state that companies can't misappropriate client assets, and these are the very regulations under which Bankman-Fried has been indicted. The department highlighted that he deceived clients and unlawfully took their money.

The department's primary point was that even in the supposed lack of definitive laws, the allegations of wire fraud against the defendant stand firm. The act of wrongdoing doesn't hinge on regulatory clarity.

Currently, Bankman-Fried faces an array of charges, including wire fraud and taking client money. The ex-CEO of FTX is behind bars for not adhering to bail terms and for allegedly trying to sway potential testifiers. He has made multiple unsuccessful bail requests, citing reasons like inadequate internet access, hampering his defense preparations, and the non-availability of vegan meals.

The jury trial for Bankman-Fried began on October 3, with speculations indicating it might continue for roughly six weeks. Observers and experts are closely watching this case, given its potential implications for the crypto industry at large, as it might set precedents for similar cases in the future.

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Great article. Requesting a follow-up. Excellent analysis.

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Great article. Requesting a follow-up. Excellent analysis.
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