Sam Bankman-Fried, former founder of crypto exchange FTX (FTT-USD), is set to testify in his criminal trial in front of the judge, without a jury present. This arrangement is intended to ensure that all parts of the witness testimony are admissible, while also making it easier for appellate courts to understand the judge’s reasons for striking certain testimony later on, explains Sam Enzer, a partner at law firm Cahill Gordon & Reindel LLP.
A key focus of Bankman-Fried’s testimony will be the role of lawyers in his actions. Prosecutors allege that Bankman-Fried intentionally instructed employees to auto-delete messages in order to evade regulators. However, Bankman-Fried claims he received approval from lawyers that this was legal before doing so.
“I think he’s going down either way,” Enzer tells Yahoo Finance, adding, “Testifying and getting convicted despite that testimony risks the judge determining that he has perjured himself, which can add to his sentence when it comes time for sentencing.”
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