[HN Gopher] A software change allowed FTX to use client money
       ___________________________________________________________________
        
       A software change allowed FTX to use client money
        
       Author : jc_811
       Score  : 381 points
       Date   : 2022-12-13 21:16 UTC (1 days ago)
        
 (HTM) web link (www.reuters.com)
 (TXT) w3m dump (www.reuters.com)
        
       | riffraff wrote:
       | ah the well known                   const evil = false // do not
       | change to true
        
       | swiper_lux wrote:
       | Brings up a question: what is the chance of blaming some of this
       | on an "innocent" coding error? Can you get jail for not writing
       | unit tests, swallowing an exception, a type conversion you did
       | not expect?
        
         | [deleted]
        
         | polygamous_bat wrote:
         | I believe that really depends on (a) how much harm it caused
         | downstream, (b) how much of it is caused by your actions. Per
         | Matt Levine's column today, it's not the whole problem that FTX
         | had sloppy accounting - rather that SBF went around advertising
         | the "sophisticated risk engine" which in reality was crap. This
         | action accounts for fraud.
         | 
         | I don't see you being jailed for your random GitHub project
         | being sloppy. However, if your closed source software that you
         | advertise as 100% safe and secure gets used by a chemotherapy
         | clinic, and then it comes out to be downright sloppy after
         | killing 20 patients you may be accused of fraud. Anyway, not a
         | lawyer so take it with a grain of salt.
        
           | gcr wrote:
           | I hope it also depends on a reasonable expectation of
           | oversight and access controls when you're working in high-
           | risk fields. Finance engineers should probably be expected to
           | be familiar with laws concerning what they do.
        
           | 8note wrote:
           | The relevant deadly chemotherapy example:
           | https://youtu.be/Ap0orGCiou8
        
         | siva7 wrote:
         | Zero Chance. Singh already proved intent with his source code
         | comment. Him claiming to be unaware of violating the law won't
         | prevent him from getting almost certainly jailed.
        
           | Gigachad wrote:
           | Seeing all the crypto bros go to jail is the heart warming
           | start to 2023 I needed.
        
         | BurningFrog wrote:
         | Interesting.
         | 
         | The perfect crime would be to add a natural looking bug in the
         | code that can be exploited by someone else, and then we split
         | the money!
        
           | gurchik wrote:
           | > The Underhanded C Contest is an annual contest to write
           | innocent-looking C code implementing malicious behavior. In
           | this contest you must write C code that is as readable,
           | clear, innocent and straightforward as possible, and yet it
           | must fail to perform at its apparent function. To be more
           | specific, it should perform some specific underhanded task
           | that will not be detected by examining the source code.
           | 
           | > Every year, we will propose a challenge to coders to solve
           | a simple data processing problem, but with covert malicious
           | behavior. Examples include miscounting votes, shaving money
           | from financial transactions, or leaking information to an
           | eavesdropper. The main goal, however, is to write source code
           | that easily passes visual inspection by other programmers.
           | 
           | http://underhanded-c.org/
        
           | greenonions wrote:
           | Genius, but it has to be a bug that you haven't knowingly
           | prevented before, otherwise it'd be suspicious.
        
       | meindnoch wrote:
       | They say the commit was made by someone with the email
       | "admin@MacBook-Pro.local". They've tried contacting them, but got
       | no response so far.
        
         | dieselgate wrote:
         | I got a real good laugh from this one, still laughing now. Haha
         | thanks
        
       | anonymoushn wrote:
       | The comments about engineering ethics are missing the point. Gary
       | Wang and Nishad Singh are criminals who have each *personally*
       | stolen $100mm or more from FTX customers. The fact that they also
       | wrote code to hide this theft seems irrelevant.
        
       | 1-KB-OK wrote:
       | I find it a bit surprising that only a few people knew about this
       | code change. I expect other engineers found that piece of code
       | and probably didn't ask any questions. It's normal after working
       | on a codebase for a while to explore all the different branches.
       | It takes a few years though, from what I gather the codebase was
       | only 2-3 years old, so it's possible no one noticed.
       | 
       | I think this revelation points to the further guilt of SBF and
       | his excuse that "he was incompetent" will fall face down under
       | scrutiny.
        
       | theknocker wrote:
        
       | Maxburn wrote:
       | Side note but I do not like that font Reuters uses, it feels like
       | it is mixed case with the different sized characters even when it
       | isn't mixed case. It's messaging me like comic sans.
        
         | nyanpasu64 wrote:
         | This is a TTF hinting problem that shows up on Windows (and
         | possibly Linux), but not on the Retina MacBooks the designers
         | built and checked their sites on.
        
           | Maxburn wrote:
           | That is crazy they would have a website that looks messed up
           | to ~87% [0] of their potential audience.
           | 
           | [0]https://www.statista.com/statistics/576473/united-states-
           | qua...
        
       | jwmoz wrote:
       | Everyone's a genius when you can't get liquidated.
        
       | smadge wrote:
       | Imagine doing code review for this change. How do you say "I
       | think this is illegal" without getting fired? Not that I would
       | work for FTX.
        
         | batmenace wrote:
         | You probably start by saying 'Hey I think this might not be
         | fully compliant?' And if your boss comes back with anything
         | other than a reasonable justification, you know there's
         | something going on, and you should flag it higher up/leave that
         | place
        
           | liveoneggs wrote:
           | The market maker account is different from a regular customer
           | account so the reflected balance will show the in-flight
           | liabilities. Don't worry about it, the number is just an
           | artifact.
        
         | noisy_boy wrote:
         | Probably was an admin with code reviews exempted for admins and
         | just merged to master
        
       | [deleted]
        
       | andrewstuart wrote:
       | The real problem behind all these crypto companies is the people
       | who make the money have no concept of what "integrity" is.
       | 
       | They aren't coming from a baseline assumption that their job is
       | to protect and interests and the money of their clients.
       | 
       | Traditional banks, for the most part, have DNA built around
       | protecting customer interests and customer money. Crypto
       | companies have none of that attitude - behind every one of them
       | is a sleazy tale of self interest and corruption.
       | 
       | My first introduction to this way of thinking was many years ago
       | when I worked on a software development project and the project
       | manager was extremely concerned about a single cent being wrong
       | in the calculations - he taught me that with customer money you
       | cannot get even a single cent wrong.
       | 
       | These crypto idiots are just young cowboys who see a giant pile
       | of loot and don't have any concept of how to manage it in an
       | ethical manner. They just wanted to work out how to gamble it all
       | in the hope of more crypto gold. If there are crypto companies
       | that have not yet had their rotten hearts exposed and gone bust,
       | it's simply a matter of time.
       | 
       | Every single one of these companies will - and should - go bust -
       | good riddance. It's a pity Robinhood won't go with them - the
       | filthiest scumbags of all.
        
         | mudrockbestgirl wrote:
         | > Traditional banks, for the most part, have DNA built around
         | protecting customer interests and customer money.
         | 
         | I don't think we're living in the same world :) Traditional
         | financial institutions are just as bad, if not worse, than most
         | crypto companies. You just have look at all the financial
         | system crashes and exchange frauds. A key difference is that
         | the government is there to bail them out because they are
         | tightly linked, and that traditional institutions know they'll
         | be punished because of strict regulations. It's not about the
         | actors, or some kind of fuzzy DNA/culture, but about government
         | and regulation.
         | 
         | I think it's also important to note the discrepancy in
         | transparency. Yes, FTX was just a centralized exchange that had
         | little to do with the blockchain, but you were still be able to
         | see some of FTXs balance movements on-chain, simply because
         | they are forced to use ETH/BTC/FTT/etc. If we hadn't, FTX may
         | have gotten away with what they're doing a lot longer. Nobody
         | may have found out.
         | 
         | With traditional financial institutions you have almost no
         | transparency. You have absolutely no idea what they're doing
         | behind your back. All you can do is trust the government to
         | eventually bail them out if they mess up. Or trust that they're
         | scared enough of going to prison that they don't try shady
         | things.
        
           | imtringued wrote:
           | You clearly aren't aware of all the cryptocurrency exchanges
           | that have gone bust. Exchanges are not banks, they are not
           | supposed to act or even fail like banks. Exchanges only take
           | a fee on every transaction. That is all they do. It is
           | literally impossible to bankrupt an exchange if it is run
           | honestly.
           | 
           | Banking meanwhile can fail even with honesty because of the
           | nature of borrowing short and lending long.
        
           | sealeck wrote:
           | > I think it's also important to note the discrepancy in
           | transparency. Yes, FTX was just a centralized exchange that
           | had little to do with the blockchain, but you were still be
           | able to see some of FTXs balance movements on-chain, simply
           | because they are forced to use ETH/BTC/FTT/etc. If we hadn't,
           | FTX may have gotten away with what they're doing a lot
           | longer. Nobody may have found out.
           | 
           | I think people might have noticed that customers could not
           | withdraw funds, and the exchange declaring bankruptcy in any
           | case.
        
         | jiggawatts wrote:
         | > The real problem behind all these crypto companies is the
         | people who make the money have no concept of what "integrity"
         | is.
         | 
         | You don't need integrity while "the line goes up". Integrity is
         | only for when it goes down. Until recently, the line has been
         | consistently going up. SBF was banking on it going up forever.
         | If it _had_ gone up forever, he would not have been caught!
         | 
         | While the line goes up, integrity just eats into potential
         | profits. It's an extra cost. No business willingly spends extra
         | money they don't have to. That's why regulation and oversight
         | is mandatory.
         | 
         | > ...he taught me that with customer money you cannot get even
         | a single cent wrong.
         | 
         | SBF gave an accounting on FTX holdings with an error margin of
         | "plus-minus 10 billion dollars".
         | 
         | Can you _imagine_ having error bars 20 billion dollars in
         | size!?
         | 
         | For reference, companies with market caps in that range
         | include: Tata Motors, Best Buy, Komatsu, Zoom, East Japan
         | Railway, Mitsubishi Electric, Delta Airlines, or Panasonic!
         | 
         | Sit down and picture telling someone with a straight face that
         | you may or may not have misplaced "value" on the same order of
         | magnitude as an entire airline, or an electronics manufacturer
         | with a worldwide presence built up over seven decades of
         | growth.
        
           | dodyg wrote:
           | > the people who make the money have no concept of what
           | "integrity" is.
           | 
           | It's outrageous that there is no honour amongst scammers.
        
           | andrewstuart wrote:
           | >> You don't need integrity while "the line goes up".
           | 
           | Integrity is how you behave when no-one is watching.
        
             | [deleted]
        
             | jiggawatts wrote:
             | _" Only in darkness are we revealed. Goodness is not
             | goodness that seeks advantage. Good is good in the final
             | hour, in the deepest pit, without hope, without witness,
             | without reward."_ -- Nardole
        
               | tiahura wrote:
               | _Only when the tide goes out do you discover who 's been
               | swimming naked._ - Warren Buffet.
        
             | jacquesm wrote:
             | That's a very nice quote.
        
               | andrewstuart wrote:
               | Probably better quote:
               | 
               | "Integrity is doing the right thing even when no-one is
               | watching."
        
         | ejb999 wrote:
         | >>My first introduction to this way of thinking was many years
         | ago when I worked on a software development project and the
         | project manager was extremely concerned about a single cent
         | being wrong in the calculations
         | 
         | On one of of my previous contracting gigs (about 20 years ago),
         | for a very large, USA-based financial services company, the VP
         | hired me for a full month (at consultants pay rate, 40 hrs a
         | week) to investigate and track down a 1-cent discrepancy in
         | $4,000,000,000 under assets for a particular division that
         | differed between two reports by exactly 1 penny(one generated
         | on the mainframe/cobol system, and one generated on a custom pc
         | based system).
         | 
         | Turned out it was a rounding error in like the 8th decimal
         | place on the mainframe side. I thought it was crazy at the time
         | - but guess his thinking was there is no difference between
         | being a penny off, or a million dollars off - you need to be
         | able to account for every cent.
        
         | [deleted]
        
         | wanderingmind wrote:
         | You mean like how Goldman sold junk bonds to customers while
         | knowing it was junk?
        
           | [deleted]
        
           | strangeattractr wrote:
           | Junk bonds are bonds with high credit risk, what's wrong with
           | selling them to customers who are after high yields?
        
             | yarky wrote:
             | It's not like junk was a part of the name right?
        
               | bilvar wrote:
               | Didn't they get credit agencies to rank them as premium
               | and not junk though? I think that we know they were junk
               | after the fact.
        
           | lmm wrote:
           | They only sell those to accredited investors - indeed, the
           | counterparty in the famous lawsuit was a German bank who'd
           | bragged about how they were smart traders playing with the
           | big boys.
        
           | species9606 wrote:
           | You have a point, but you may be thinking of the CDOs they
           | and other sold, knowing that they were full of risky
           | mortgages but laundering them through overly-chummy ratings
           | firms.
        
         | chaostheory wrote:
         | I find it funny that you're associating integrity with Wall
         | Street. From my perspective, Wall Street's morals and ethics is
         | not far off from Silicon Valley's if not worse. The main
         | difference is that Wall Street has mastered the art of adapting
         | to regulations and lobbying politicians and their very own
         | regulators. It's not a secret that there's a revolving door
         | between top regulatory bodies and Wall St entities. Also while
         | having private corporations like the DTCC and FINRA fool the
         | masses into thinking that they're public regulatory bodies, it
         | doesn't fool us. Wall Street has way more crooks than Silicon
         | Valley. They're just better at hiding and legalizing their
         | theft and corruption. At lease Silicon Valley creates things
         | with value for society.
        
         | mathieuh wrote:
         | Do traditional banks protect customer interests? They may now
         | after being forced to, but the UK government is deregulating
         | the banking sector considerably to try and avoid losing even
         | more face by London losing financial capital status, and I
         | would not be surprised at all if we see banks taking stupid
         | risks/being wilfully negligent again.
         | 
         | Let's not forget that these regulations they're getting rid of
         | came about after 2008, when banks had to be bailed out by
         | taxpayers around the world.
         | 
         | As they say, what causes more damage, the founding of a bank or
         | the robbing of a bank?
        
           | eximius wrote:
           | I think it depends on the part of the organization.
           | 
           | The teams managing the money-handling-software care very much
           | about protecting your cents.
           | 
           | The product managers inventing new fees do not.
        
         | totalZero wrote:
         | It's not just crypto. The entire fintech space has an ideology
         | that lines up far better with Silicon Valley than with Wall
         | Street. The Wall Street mentality would dictate a very
         | different course of action than the Silicon Valley mentality in
         | many of the situations described in the cases brought by the
         | DoJ and the SEC, and yet the Silicon Valley mentality seems to
         | have been the guideline used by SBF/FTX -- perhaps because of a
         | lack of experience dealing with customer funds, or perhaps due
         | to ignorance of the seriousness of consequences.
         | 
         | Edge cases matter a lot more to Wall Street than to Silicon
         | Valley. Wall Street is a world where the new hire on the desk
         | gets a talking-to by the managing director for making an error
         | that _could have_ led to a big loss, and where people are
         | regularly reminded not to put anything in writing that they
         | wouldn 't want to see on the cover of the New York Times.
         | Silicon Valley is a world where "move fast and break things" is
         | a central mantra, and sometimes those things that get broken
         | are the rules.
        
           | skybrian wrote:
           | I've never been near code handling money, but "never put
           | anything in writing that you wouldn't want to see in the New
           | York Times" is something I've heard repeatedly at a big tech
           | company too. It seems like pretty standard advice nowadays.
           | 
           | The "move fast and break things" slogan was by Zuckerberg at
           | Facebook, though they've since abandoned it.
        
             | 908087 wrote:
        
           | tiahura wrote:
           | _an ideology that lines up far better with Silicon Valley
           | than with Wall Street._
           | 
           | An interesting observation. My take is that even though Wall
           | Street has unfathomable levels of hubris and poor ethics, it
           | understands CYA.
           | 
           | Fintech on the other hand...
        
           | mavelikara wrote:
           | > Silicon Valley is a world where "move fast and break
           | things" is a central mantra, and sometimes those things that
           | get broken are the rules.
           | 
           | And, Wall St is where this isn't the case?
        
             | kaesar14 wrote:
             | It's crazy to think Wall Street has never once moved fast
             | and broken things, like the global economy, for instance.
        
             | vgatherps wrote:
             | I've worked at market making firms in US and there were
             | exceptionally strict controls and regulations. Engineers
             | had to be properly qualified to even touch certain parts of
             | the codebase and it potentially came with legal
             | ramifications.
        
           | andrewstuart wrote:
           | A license should be required to prove you understand your
           | ethical obligations to handle anyone else's money.
           | 
           | It's sad that the entire crypto industry happened too fast
           | for the regulations to keep up, with the unsurprising result
           | that vast amounts of customer money have been lost and stolen
           | - the precise reason for regulation.
           | 
           | I would not be surprised if many people have taken their own
           | lives as a result of crypto losses arising directly from lack
           | of integrity of the companies managing the customer money.
        
             | spookthesunset wrote:
             | The only reason bitcoin and friends are "worth" anything at
             | all is precisely because there are no regulations. If
             | crypto companies had to play by the same rules as real
             | fintech firms the whole thing would collapse. Why? Because
             | the entire crypto space is nothing but hot air.
             | 
             | If exchanges and stuff had to play by any rules, they'd go
             | out of business because there is no other reason for
             | crypto's existence but to run scams.
             | 
             | (Okay maybe it won't entirely collapse but crypto certainly
             | wouldn't be valued anywhere near what it is now)
        
             | totalZero wrote:
             | I totally agree.
             | 
             | Licenses/certifications do exist. SBF had the FINRA Series
             | 7 and 55.
             | 
             | https://brokercheck.finra.org/individual/summary/6204362
             | 
             | The loophole is that employees at hedge funds and
             | investment advisers don't face the same licensing
             | requirements as employees at banks and brokerages who deal
             | directly with customers. There are people who trade
             | billions of dollars of customer funds a week without any
             | required regulatory exam or license.
        
               | Animats wrote:
               | He had a series 7? Did not know that. But, right, he was
               | a trader with Jane Street, so he had to have a Series 55
               | and probably the Series 7, which is for brokers.
               | (Everybody in finance takes the SIE, the "securities
               | industry essentials" exam. That should be required for
               | programmers in finance.)
               | 
               | So he knew what he was supposed to be doing.
        
             | fallingknife wrote:
             | No one is breaking the rules because they don't know them
             | and nobody knows the rules better than those breaking them.
        
           | jeroenhd wrote:
           | This is why I'm very wary watching foreign developments in
           | the payment space. Living in a country where contscyless
           | payments and free instant transactions were a thing long
           | before Apple and Google arrived with their products, these
           | services seem to add very little except for a foreign third
           | party. Sure, PayPal was around in case you needed to buy
           | something online in another country, but I don't believe it's
           | as deeply ingrained.
           | 
           | At the same time I read stories about other countries where
           | people think it's completely normal that some third party app
           | has replaced the bank's role as a payment processor, even
           | going so far as to include these services within the banking
           | environment itself.
           | 
           | The way I see a large amount of fintech is that business savy
           | people see their banks struggle to get up to standards that
           | were common elsewhere ten years ago and try to make a quick
           | buck throwing together an implementation before the banks can
           | get themselves together. These companies solves the needs of
           | the end customer, but only patch over the underlying problems
           | that keep building up because there is no reason to address
           | them anymore.
           | 
           | How much can you really trust a company built on profiting
           | off the failings of a basic institution underlying almost all
           | commerce?
        
             | lmm wrote:
             | > How much can you really trust a company built on
             | profiting off the failings of a basic institution
             | underlying almost all commerce?
             | 
             | Meh. Being a middleman, or doing something better than
             | companies do themselves, is the foundation of most economic
             | value creation.
        
               | paganel wrote:
               | > of most economic value creation.
               | 
               | As Schumpeter observed, value creation is accompanied by
               | creative destruction, and right now it looks like we're
               | in the "creative destruction" phase when it comes to
               | fintech.
               | 
               | It was one thing when in the early 2000s creative
               | destruction was involving entities like pets.com, no-one
               | was really hurt by those companies going down, but it's
               | another thing when the company going down might hold your
               | "savings" or owe you money as a SME, like Revolut or
               | Klarna.
        
         | jsutton wrote:
         | Be honest with yourself, do you really believe every single
         | crypto company acts without integrity and ethics? If so, it's
         | clear you haven't familiarized yourself with the whole
         | industry. Plenty of crypto companies have strong controls
         | around security, consumer protection, compliance, etc.
        
           | jamincan wrote:
           | Wasn't that what people said about FTX before now, too?
        
         | everfree wrote:
         | > Traditional banks, for the most part, have DNA built around
         | protecting customer interests and customer money.
         | 
         | Would you feel comfortable wiring your money off to a bank
         | account in the Bahamas? I wouldn't. I think safety is more
         | about jurisdiction (and therefore regulations) than it is about
         | what type of currency a business deals in.
         | 
         | Bank DNA has always coded for taking foolhardy risks with
         | customer money. It wasn't until heavy regulation came into play
         | that banks stopped going bust left and right, at least in the
         | USA. Even under heavy regulation, you still see their true
         | colors from time to time such as when they discovered risk
         | loopholes in 2008 that led to the financial panic.
         | 
         | Until regulation hits crypto custodians, they will largely be
         | fly-by-night yokels that go bust left and right, just like the
         | first American banks did. After regulation hits, they will be
         | just as safe as modern banks (and likely, many crypto
         | custodians WILL be modern banks - see e.g. Fidelity entering
         | the custody business recently.)
         | 
         | > The real problem behind all these crypto companies is the
         | people who make the money have no concept of what "integrity"
         | is.
         | 
         | The entirety of Wall street has no concept of what "integrity"
         | is. The solution was heavy regulation. It happened to banks,
         | and it will happen to crypto. Crypto custodians are speed-
         | running banking regulation.
        
         | elvinyung wrote:
         | https://calpaterson.com/bank-python.html
         | 
         | > One of things that tends to boggle programmer brains is while
         | most software dealing with money uses multiple-precision
         | numbers to make sure the pennies are accurate, financial
         | modelling uses floats instead. This is because clients
         | generally do not ring up about pennies.
        
           | brazzy wrote:
           | No, it's because models are not accounts. They're not
           | expected to add up exactly because they're based on
           | approximations anyway.
        
         | madsbuch wrote:
         | > The real problem behind all these crypto companies ...
         | 
         | > Traditional banks, for the most part, have DNA built around
         | protecting ...
         | 
         | Traditional banks lack of "integrity" has wrecked considerable
         | more havoc than crypto companies. Actually, the impact of these
         | exchange crashes are completely negligible compared to the
         | financial crisis ~2007.
        
         | danjac wrote:
         | Old Russian proverb: "when fish begins to rot, it starts from
         | the head".
         | 
         | Yes these crypto bros are young grifters out for the big score
         | with zero integrity or morals and hopefully they will look
         | forward to spending their best years in a jail cell. But they
         | are enabled and encouraged by a good old boys network of VCs,
         | journalists, and other influential figures in the tech
         | community. Madoff at least picked rich people as his marks; the
         | media have blown up the likes of SBF as geniuses and encouraged
         | ordinary people to invest money they can't afford to lose in
         | crypto.
        
       | hn_throwaway_99 wrote:
       | > Only Singh, Bankman-Fried and a few other top FTX and Alameda
       | executives knew about the exemption in the code, according to
       | three former executives briefed on the matter. A digital
       | dashboard used by staff to track FTX customer assets and
       | liabilities was programmed so it would not take into account that
       | Alameda had withdrawn the client funds, according to two of the
       | people and a screenshot of the portal that Reuters has previously
       | reported.
       | 
       | If you want to see what you should never do as a software
       | engineer if you like not being in jail, this is it.
       | 
       | Singh will definitely get prison time as well, though I'm sure
       | all the higher-ups in FTX are trying to point fingers to get
       | deals. In the Madoff scandal, 2 of Madoff's programmers were
       | sentenced to 2 1/2 years each. In this case, Singh has much more
       | culpability as a higher-up (not to mention a pre-collapse
       | billionaire).
        
         | helsinkiandrew wrote:
         | > Singh will definitely get prison time as well
         | 
         | Remember Alamada wasn't a normal customer. It was acting as a
         | market maker/counterparty of last resort to many other FTX
         | customers. In that case there could be situations where 'normal
         | customer liquidation rules' shouldn't apply - it can go in the
         | red temporarily to enable others to trade (and FTX to make
         | commission).
         | 
         | From the facts in the article (which are obviously not
         | complete) if I was Singh my defence would be I assumed/was told
         | the changes were to support Alamadas role as market maker and
         | their actual long term exposure was being monitored elsewhere.
        
           | 3327 wrote:
        
           | 3327 wrote:
        
           | darkerside wrote:
           | Singh was the chief engineer for a major exchange. It's his
           | job to know better than this.
           | 
           | If the chief engineer for NASDAQ put in a backdoor to allow a
           | market maker unlimited margin, would you assume they just
           | figured it was legit because someone said so?
           | 
           | He knows how markets work too well for a defense like that.
        
           | lumost wrote:
           | This seems flaky at best. Either becoming an extreme lapse of
           | judgment - or intentional ignorance. His position as a higher
           | up makes claiming the former difficult.
        
           | fredgrott wrote:
           | That does not fly with the restrictions of US based
           | customers, which is both SDNY and SEC's point
        
           | anonymoushn wrote:
           | FTX and Alameda publicly represented that Alameda's
           | relationship with the exchange was the same as any other
           | market maker's, and any other market maker could sign
           | contracts to become a counterparty of last resort by joining
           | the Backstop Liquidity Provider program.
        
           | adrr wrote:
           | I never understood why Alameda took risky bets when it could
           | just make a bunch of cash off buy/ask spreads assuming
           | trading volume was decent. Running the exchange they can
           | front run any large trades and move the market.
        
             | phire wrote:
             | Front running requires pretty invasive changes to the very
             | performance critical parts of the trading engine. You have
             | to analyse the queued trades, decide on a trading strategy
             | and insert new trades, all without inserting too much
             | latency.
             | 
             | It would be hard (but not impossible) to implement such
             | functionality without dozens of software engineers being
             | very aware of it's existence and the implications.
             | 
             | This kind of software change only touches the edges and can
             | be done with much more plausible deniability. The exclusion
             | to margin calls was a single if statement inserted by a
             | single engineer with the justification Alameda were the
             | primary market maker. The dashboard change might have been
             | just a bug they avoided fixing (If you normally
             | automatically margin call negative balances, why would your
             | dashboard bother reporting negative balances?)
        
             | papito wrote:
             | SBF, through his industry connections, was able to figure
             | out how to take the difference while trading Bitcoin
             | between different countries, as the premiums are different.
             | It's basically a legal money printer.
             | 
             | I am baffled by why fraud was necessary. I guess it's just
             | means to an end for "effective altruism".
        
               | omarfarooq wrote:
               | Kimchi premium was arbed away.
        
             | drexlspivey wrote:
             | Yeah its not as simple as putting two limit orders and
             | collecting your fee. Market makers take huge risks when
             | there is a big market move. When Luna crashed for example
             | Alameda provided exit liquidity to traders and was left
             | holding the bag.
        
               | anonymoushn wrote:
               | A lot of people have said this, but that day was easily
               | the best day to be quoting. There was lots of volume on
               | both sides all day, even as the price increment became
               | very large compared to the price
        
             | bboygravity wrote:
             | You mean kind of like how the US market works now with
             | PFOF?
             | 
             | And the fact that by far the largest market maker in the US
             | is also a hedge fund (two different companies with the same
             | owner(s), where have we seen that before?).
        
             | meltedcapacitor wrote:
             | Crypto is flooded with liquidity so market making is like
             | selling ice to an eskimo.
             | 
             | These days a naive market making strategy in crypto just
             | incinerates capital very reliably as the tiny bid ask
             | spread is a small fraction of the adverse selection risk
             | (whole spread moving past). They did probably make money on
             | this in the early days and got smoked when the
             | sophisticated tradfi players joined.
             | 
             | Front running large trades by looking at non public info on
             | the order book is possible but this is also fraud, so not a
             | strategy to avoid legal troubles, and it also only works if
             | the large traders are naive and not adversarial (putting
             | fake large orders to front run you etc).
             | 
             | What SBF could have done is close down Alameda when it was
             | clear they were not competitive, and concentrate on growing
             | the exchange by reinvesting the fees, but that would have
             | clipped the growth and donations/acquisitions lifestyle to
             | something much less flamboyant.
        
               | silasdavis wrote:
               | How is information on order books non public? Usually
               | crypto order books are public APIs.
        
               | PeterisP wrote:
               | It depends on the time, it's public after the fact, but
               | not-public during the time gap where someone like Alameda
               | could do front-running by managing to get in other
               | transactions before the loser's orders get executed, or
               | before any others get the chance to take that order.
        
               | anonymoushn wrote:
               | Alameda was in general deeply incompetent. Front running
               | your customers is not all that doable if you insist on
               | using python.
        
               | kasey_junk wrote:
               | You don't need speed to front run someone you need
               | special access, which Alameda had.
               | 
               | That said they are being accused of something much less
               | sophisticated. They were allowed to take money out when
               | they made money but didn't have to pay money in when they
               | lost.
        
               | anonymoushn wrote:
               | Even if you have special access, if you need 40ms (500ms
               | p999) to compute a square root, you're not gonna be able
               | to make worthwhile decisions on the basis of this access
        
               | Godel_unicode wrote:
               | Those times are wildly inaccurate on modern hardware with
               | modern python, fwiw.
        
               | anonymoushn wrote:
               | These are our observed latencies for their risk checks
               | after sending millions of orders per day for months at a
               | time (which doesn't sound like much, and isn't much, but
               | is the entire order rate that they gave us while we were
               | doing 0.5% of the maker volume on their exchange).
        
               | neomantra wrote:
               | Some examples of hidden information that doesn't
               | generally get disseminated in exchange orderbook APIs:
               | 
               | * Attribution: who's making the order?
               | 
               | * Short labelling... are they selling or shorting?
               | 
               | * Non-display or iceberg orders (not common in crypto?)
               | 
               | * Immediate-or-cancel orders... the executions hit the
               | feed, but not the original order details. Also whiffs
               | (order but no fill) don't get disseminated in any way.
               | 
               | * Certain order types that may rest on the exchanges
               | order book but either don't have a specific price or
               | display doesn't make sense... market orders, midpoint
               | orders, pegged orders, auction order books (less common
               | in crypto)
               | 
               | EDIT: On the attribution side -- they could also know the
               | leverage any customer is taking and use that
               | adversarially (which was the straw that broke their
               | camel).
        
               | silasdavis wrote:
               | Thanks, yeah attribution is an interesting one. You
               | usually have the cryptographic address of the maker but
               | not any link to FTX account that might be responsible,
               | and as you say the ability to correlate an order with
               | other positions
               | 
               | > Certain order types that may rest on the exchanges
               | order book but either don't have a specific price or
               | display doesn't make sense.
               | 
               | I suppose orders than are designed to only be consumed by
               | a matching engine don't need to be made public unless
               | they are matched.
        
               | meltedcapacitor wrote:
               | The order book from the API is at the very minimum
               | delayed (by network and protocol latency if nothing else)
               | and aggregated/sampled (full feed is too big), so an
               | insider can have an advantage of more complete and timely
               | data.
               | 
               | That's for honestly run APIs, then an exchange can play
               | some games with that feed if they want to...
        
               | anonymoushn wrote:
               | > Crypto is flooded with liquidity so market making is
               | like selling ice to an eskimo.
               | 
               | This is not true at all, in general quoting in these
               | markets is absurdly capital-intensive compared to tradfi.
               | 
               | > These days a naive market making strategy in crypto
               | just incinerates capital very reliably as the tiny bid
               | ask spread is a small fraction of the adverse selection
               | risk (whole spread moving past). They did probably make
               | money on this in the early days and got smoked when the
               | sophisticated tradfi players joined.
               | 
               | Are the sophisticated tradfi players here yet? Seems like
               | no?
        
               | vitno wrote:
               | Of course sophisticated tradfi players are in crypto and
               | have been for years making hand over fist in money.
               | 
               | Source: I work at a firm that does this.
        
               | anonymoushn wrote:
               | Great! I'm just continually surprised, because my firm is
               | 4 people with a combined 1.5 years of very outdated
               | tradfi experience and these markets are very good to us.
               | 
               | For example, it's surprising that big tradfi players were
               | not able to prevent take-only basis arb bots written in
               | Python running on a un-tuned VPS from printing five
               | figures on individual new listings in mid 2021, or
               | permitted us to click trade tokenized stock quarterly
               | futures minutes from expiry for nearly guaranteed profit
               | also in mid 2021.
        
             | megablast wrote:
             | There was huge amounts of money to be made. They got too
             | greedy, made a play for it, then the market dropped. If
             | things kept going, it would have made them all a lot of
             | money.
        
             | jack_pp wrote:
             | Arrogance, they thought they were smarter than the market.
             | 
             | There are people who make a living playing poker that are
             | not intellectually gifted. Their secret? Do as you say,
             | play boring, safe strategies that will guarantee you will
             | make money in the long run. They might not run up 1000$ to
             | 10000$ very often but they sure do win. However, remove
             | discipline, add intellectual ability and an abundance of
             | overconfidence and you get FTX and Alameda Research.
        
               | rjzzleep wrote:
               | Judging from some of the videos that circulated from the
               | Alameda CEO I'd say it's also a significant portion of
               | incompetence. I'm not going to guess which one was more
               | though.
        
             | hackerlight wrote:
             | You can't "just make a bunch of cash" by market making. It
             | is extremely competitive and it wouldn't surprise me if
             | they weren't capable of doing it.
        
           | meltedcapacitor wrote:
           | Not an excuse. They had a programme for external liquidators
           | giving some slack for trades taking the other side of
           | liquidating positions, so Alameda should have used that. This
           | looks worse.
           | 
           | In any case it's not needed: liquidators get the 3% initial
           | margin so are usually in profit. For the cases when the
           | market moves faster than that, they should have done what the
           | better-run exchanges do and close the most leveraged
           | positions from the opposite side: if lots of longs get
           | liquidated in aggregate the shorts get their profit trimmed
           | by the losses of the longs beyond maintenance margin, in
           | order of leverage, which is fair enough when duly documented
           | in the terms.
        
             | anonymoushn wrote:
             | BLP fills were quite toxic, many trading firms turned this
             | stuff on, found out that it was hugely money-losing, and
             | turned it back off.
        
           | courgette wrote:
           | I did saw similar setup in real life. Not as blatant but the
           | market maker argument was the reasoning of going red for a
           | while.
           | 
           | Reconciliation was still happening every 24h tho.
        
           | edouard-harris wrote:
           | > Remember Alamada wasn't a normal customer. It was acting as
           | a market maker/counterparty of last resort to many other FTX
           | customers. In that case there could be situations where
           | 'normal customer liquidation rules' shouldn't apply
           | 
           | This might be a reasonable argument in a vacuum, except that:
           | 
           | > [SBF] told investors and prospective investors that FTX had
           | top-notch, sophisticated automated risk measures in place to
           | protect customer assets, that those assets were safe and
           | secure, and that _Alameda was just another platform customer
           | with no special privileges._ [emphasis added]
           | 
           | And also:
           | 
           | > Bankman-Fried also told investors, and directed other FTX
           | and Alameda employees to tell investors, that Alameda
           | received no preferential treatment from FTX. For example,
           | Bankman-Fried told the Wall Street Journal in or around July
           | 2022: _"There are no parties that have privileged access."_
           | Likewise, in a Bloomberg article published in or about
           | September 2022, Bankman-Fried claimed that "Alameda is a
           | wholly separate entity" than FTX. In the same article,
           | Ellison is quoted as stating about Alameda: _"We're at arm's
           | length and don't get any different treatment from other
           | market makers."_ Bankman-Fried made similar statements
           | directly to investors. [emphasis added]
           | 
           | (The above are direct quotes from the SEC complaint [1]
           | against SBF.)
           | 
           | Singh might argue that he wasn't aware of the private
           | statements to investors. But the WSJ and Bloomberg stories
           | show the "arm's length" claim was something they consistently
           | messaged to the public at the highest levels. To argue that
           | Alameda's role as market maker of last resort justified a
           | privileged status would be inconsistent with all their prior
           | public claims to the contrary. "We lied to the public
           | repeatedly about our risk management" isn't a defense; it's a
           | confession.
           | 
           | [1] https://www.sec.gov/litigation/complaints/2022/comp-
           | pr2022-2...
        
             | db48x wrote:
             | It's potentially a defense for the engineer though, if he
             | had nothing to do with the advertising. Of course it's all
             | just idle speculation; the real interesting stuff will come
             | out in the trial, years upon years from now.
        
               | teawrecks wrote:
               | It is interesting how commit author could function here
               | as a tech equivalent of "convincing some sucker to sign
               | off on a legally dubious action".
        
               | RF_Savage wrote:
               | The engineer would have a hard time claiming ignorance
               | with multiple widely reported public statements about how
               | Alameda had no special priviledges.
        
               | rxhernandez wrote:
               | Should an engineer be tracking what their company is
               | telling media outlets? No one else is tasked with looking
               | at my code except other engineers; why should engineers
               | spend their precious time making sure that other business
               | units are performing their duties ethically?
        
               | jackstraw14 wrote:
               | > Should an engineer be tracking what their company is
               | telling media outlets?
               | 
               | Are you serious? Make sure your ass is covered if you're
               | doing illegal shit for your company, because they're
               | never looking out for you over the org.
        
               | bratbag wrote:
               | So you expect engineers to have a comprehensive knowledge
               | of their companies media output, to use when qualifying
               | the legality of code changes?
        
               | jackstraw14 wrote:
               | > When individuals are responsible for the theft, loss,
               | or unauthorized disclosure of PHI, the most common
               | consequence is the loss of employment. However, in the
               | most serious HIPAA violations, criminal charges can be
               | filed against the individual(s) responsible.
               | 
               | Yep.
               | 
               | "comprehensive knowledge of their companies media output"
               | is an interesting way to put it. I would really just
               | recommend engineers maintain some sense of self
               | awareness.
        
               | TheNorthman wrote:
               | Probably because the whole Topf & Sohne debacle doesn't
               | need repeating? Engineers are of course partly
               | responsible for the things they implement.
        
               | roenxi wrote:
               | > Engineers are of course partly responsible for the
               | things they implement.
               | 
               | That is outrageous. The company owners have limited
               | liability protections. The employees should receive at
               | least that unless they are in a position that requires
               | specific legal training like an engineer legislatively
               | appointed to be responsible for some safety function.
               | Where they are appointed and remunerated specifically for
               | their legal responsibility, in other words.
               | 
               | And the court cases after WWII are hardly reliable
               | precedent. They were basically making it up as they went
               | with fairly flimsy justification apart from the fact they
               | had a bunch of troops still in fighting form.
        
               | quickthrowman wrote:
               | > > Engineers are of course partly responsible for the
               | things they implement.
               | 
               | > That is outrageous. The company owners have limited
               | liability protections.
               | 
               | The owners have limited _financial_ liability, not
               | limited legal liability.
               | 
               | https://en.m.wikipedia.org/wiki/Limited_liability
               | 
               | > Limited liability is a legal status in which a person's
               | financial liability is limited to a fixed sum, most
               | commonly the value of a person's investment in a
               | corporation, company or partnership.
        
               | morelisp wrote:
               | > > Engineers are of course partly responsible for the
               | things they implement.
               | 
               | > That is outrageous.
               | 
               | And this is why software engineering is a joke.
        
               | roenxi wrote:
               | Engineers are responsible for strictly technical
               | failures. When a piece of software does what a
               | representative of company management asks for it hasn't
               | failed.
               | 
               | Software engineers are not lawyers and they are bad at
               | interpreting laws.
        
               | rglullis wrote:
               | Engineering is all about working with constraints. Most
               | of these are technical, but some of them are and should
               | be ethical.
               | 
               | If the product of your engineering directly enables
               | unethical actions, yes, you should bear some of the
               | responsibility for it.
        
               | kasey_junk wrote:
               | I've received yearly training as part of my job outlining
               | my civil and criminal liabilities as a software engineer
               | going back 20 years. It's par for the course in finance.
        
               | morelisp wrote:
               | > Software engineers are not lawyers and they are bad at
               | interpreting laws.
               | 
               | Right, so if something seems sketchy ("please ignore
               | these specific deductions when calculating our holdings")
               | , get a lawyer - or CEO or CFO or whatever - to say _in
               | writing_ that it 's fine.
               | 
               | And if something seems actually illegal ("just run the
               | blood test results out-of-spec and report them anyway")
               | just don't do it. Nothing absolves you of some things.
        
               | Avicebron wrote:
               | This isn't how ethics works, just doing my job doesn't
               | work legally.
        
               | enkid wrote:
               | Limited liability protects against financial loss, not
               | criminal indictment. If you are an employee or owner and
               | you do something to enable fraud the company as a whole
               | is doing, you are still criminally liable.
        
               | nailer wrote:
               | For those wondering:
               | https://en.wikipedia.org/wiki/Topf_and_Sons
        
               | t0suj4 wrote:
               | Why should be someone responsible for how the product of
               | their labor is being used?
        
               | ithinkso wrote:
               | That's why be don't deserve the title of engineer in
               | software and we should stick with coder or programmer.
               | 
               | 'Hi mate. We just bought this rebar from Alibaba, saved
               | as a ton of money. Could you sign here real quick? We
               | need to finish that bridge!'
        
               | vintermann wrote:
               | Engineer doesn't imply honesty. In those jurisdiction
               | where it's a protected title, it just implies that you
               | have some mix of STEM topics in your degree. Software
               | engineers, in these jurisdictions, have that mix, and are
               | as real as bioengineers (a.k.a hospital lab workers),
               | chemical process engineers, construction engineers, etc.
               | 
               | No one has had their engineer title taken away for being
               | a crook, as far as I know. Unless the crooked thing they
               | did was fake their diploma.
               | 
               | Titles won't fix this.
        
               | thrwy_918 wrote:
               | > No one has had their engineer title taken away for
               | being a crook, as far as I know
               | 
               | This seems an absurd claim, unless you're going to get
               | very pedantic about some distinction between "engineer
               | title" and "legal right to function as an engineer".
               | 
               | > https://montreal.ctvnews.ca/engineer-s-licence-revoked-
               | after...
               | 
               | This is one example found after just a few seconds of
               | searching, but it is absolutely commonplace to have your
               | engineering license revoked for carrying out criminal
               | activity.
               | 
               | > In those jurisdiction where it's a protected title, it
               | just implies that you have some mix of STEM topics in
               | your degree.
               | 
               | This seems a bizarre claim too. In jurisdictions where
               | membership of a professional licensing body is necessary
               | in order to refer to oneself as an engineer and practice
               | as an engineer, it is absolutely not the case that all
               | you need is the right "mix of STEM topics in your
               | degree". It means you have a certain degree, have
               | completed a set amount of work experience, have completed
               | a professional certification exam and then maintain that
               | license, which may require meeting other requirements
               | periodically. And yes, "not being a crook" is certainly
               | one of those requirements, and being involved in major
               | criminal activity, _especially_ criminal activity related
               | to your professional practice, is absolutely grounds for
               | having your license and certification as an engineer
               | revoked.
        
               | morelisp wrote:
               | It doesn't imply honesty. It does imply _liability_ , so
               | if something bad happens because you're dishonest, you
               | _will_ lose the title, and suffer other consequences.
        
               | laserlight wrote:
               | Why not? Why do we keep Apple responsible for Foxconn's
               | labor practices? Isn't Foxconn an independent company
               | after all? The reason is because we don't want evil to
               | spread by externalizing the responsibility to third
               | parties.
        
               | mirchibajji wrote:
               | Which specific engineers or individuals from Apple did
               | you have in mind?
        
               | [deleted]
        
               | PeterisP wrote:
               | The tautological answer is that it's because we the
               | people have made laws that in certain specific situations
               | make people criminally responsible for how the product of
               | their labor is being used.
               | 
               | The practical answer is that it's because we do want to
               | discourage criminals from "splitting liability" by having
               | most of a gang doing some illegal goal together stay
               | "clean" and only delegating a single "fall guy" for the
               | final touch; so criminal law is explicitly written to
               | consider everyone who knowingly assists a crime to be
               | partly liable as well.
        
               | camgunz wrote:
               | Most things are ambiguous, so you can have an argument
               | about what intent was. Even things like firearms, you can
               | say, "well, I made this gun so people can use it in self
               | defense".
               | 
               | This seems pretty unambiguous though. Sometimes you're
               | just facilitating breaking the law, or making things
               | dangerously unsafe.
        
               | db48x wrote:
               | Possibly. On the other hand, I'm not sure I've ever read
               | any of my own company's press releases. Was this guy an
               | officer of the company?
        
         | nullc wrote:
         | > If you want to see what you should never do as a software
         | engineer if you like not being in jail, this is it. > Singh
         | will definitely get prison time as well
         | 
         | But how long? Jerome O'Hara and George Perez were arguably more
         | complicit in Madoff's scheme than anyone, having written the
         | computer software to generate the fake investment return
         | reports and even actively helped dupe the investigating
         | regulators but were only sentenced to two and a half years in
         | prison.
        
           | jacquesm wrote:
           | For a non-violent crime which saw the recovery of a large
           | fraction of the loot that's not 'only'.
        
             | nullc wrote:
             | It is relative to the other participants.
        
         | jwmoz wrote:
         | My claim to fame is that I dealt with SBF and Nishad to get
         | some Python code for their api client merged in, the first non-
         | FTX committer. I coded up a lot of the api functionalities that
         | were missing. They never gave me a tip. A couple years later
         | when I pitched for investment they declined it as they "were
         | looking for more volume".
        
           | DonsDiscountGas wrote:
           | You probably dodged a bullet
        
         | megablast wrote:
         | > If you want to see what you should never do as a software
         | engineer if you like not being in jail, this is it.
         | 
         | Strange comment.
         | 
         | Are the engineers who made the code change responsible?? Do
         | engineers need to be lawyers and financial gurus too, and
         | evaluate every ticket they are given for possible illegality in
         | every country the software is used??
        
           | CSMastermind wrote:
           | I don't know, we hold other engineers responsible for the
           | consequences of their work, personally I think the industry
           | would be better off if we had more accountability for
           | programmers.
        
             | renewiltord wrote:
             | Software engineers are some of the highest quality
             | engineers there are. Objectively by a simple metric: lives
             | ended through incompetence. Software engineers lead. No
             | other engineering discipline comes close.
        
             | tomnipotent wrote:
             | > we had more accountability for programmers
             | 
             | You could make this argument for literally every
             | profession.
        
             | galaxyLogic wrote:
             | But we don't hold the gun-industry accountable for mass-
             | shootings. Maybe we should. But situation is a little bit
             | similar here. The engineer created the gun. He didn't use
             | the software to shoot people. Or maybe he did. The question
             | is did he personally benefit from the change made more than
             | his usual salary?
             | 
             | Or think about people who build bridges. They just follow
             | the orders they get from higher ups. Bridge collapses. The
             | higher-ups should be held accountable not the workers. The
             | question I think is did the engineer here just follow
             | orders? Perhaps he understood very little about finance,
             | only about programming.
        
               | ciropantera wrote:
               | A gun has many purposes, some legitimate (law
               | enforcement, "defense" etc), others less so. A code
               | change that allows the company to do illegal things has
               | no legitimate purpose.
               | 
               | I think what's up to debate is to what extent the
               | developers were lied to regarding the purpose of the
               | code. Maybe they were told it was for testing purposes
               | only, or the higher ups managed to convince them that
               | it's ok despite them questioning it. I suppose those
               | things will come up during investigation and will
               | certainly affect their sentences, but I don't think they
               | will be off the hook that easily.
        
               | beAbU wrote:
               | If a bridge collapses it's the /engineer/ that's held
               | accountable. Engineers sign off on things. They are
               | accoutable to the product that they build and those that
               | use their product. This guy calls himself a software
               | engineer, so he should accept all the responsibility and
               | accountability that goes with that title.
               | 
               | Your gun analogy is not fair and it does not translate
               | well to the actual situation at hand. A gun engineer is
               | not responsible for all the deaths the weapon causes. But
               | said engineer will be very much accountable if the weapon
               | blows up in the wielder's hands during normal use (even
               | though practically this might not be the case due to
               | liability disclaimers and all that).
               | 
               | We have case studies where deaths were caused by shit
               | software, where the engineer of that wrote the software
               | is clearly the accountable one.
        
               | pavlov wrote:
               | _> "The question is did he personally benefit from the
               | change made more than his usual salary?"_
               | 
               | I would guess the compensation structure at FTX included
               | a lot of their own crypto tokens, since the company can
               | mint those at no cost. And Alameda was a big holder of
               | those FTT/Serum tokens.
               | 
               | So you're a software engineer who owns theoretically
               | millions of dollars worth of FTT tokens, and then the
               | boss comes to you and asks to make an exception for
               | Alameda... Since you work at FTX, you're probably aware
               | that Alameda holds and trades a lot of FTT. If you do the
               | code change to make Alameda look better and maintain the
               | value of your own crypto portfolio, there's no question
               | that you're a part of the fraud.
        
               | kasey_junk wrote:
               | The gun manufacturers have a special law passed at the
               | federal level to prevent civil liability (PLCAA). That is
               | being chipped away at but it's currently a special
               | privilege they hold enacted by the legislature of the US.
        
               | jnsaff2 wrote:
               | A `DELETE FROM` function can be used for good or bad. A
               | gun can be used for good or bad (see the war in Ukraine,
               | it can be used to murder or protect your family from
               | murderers).
               | 
               | A code change excluding a known, named entity from safety
               | checks is more like rigging a bridge to explode when your
               | enemy crosses the bridge.
               | 
               | Zero ambiguity.
        
               | zopa wrote:
               | > The question is did he personally benefit from the
               | change made more than his usual salary?
               | 
               | That's not the question -- as in, it won't be an element
               | of any of the crimes he's eventually charged with. The
               | question is whether he was knowingly or recklessly
               | involved in a scheme to defraud people.
               | 
               | And just generally, legal reasoning does frequently use
               | analogies but they need to be tighter than the ones
               | you're using. This case isn't much like building a faulty
               | bridge.
        
           | johnnyApplePRNG wrote:
           | Agreed.
           | 
           | The person who commissioned this change, knowing the
           | potential financial ramifications that it opened them and
           | their depositors money up to, is the one who should be
           | charged.
        
           | faizmokhtar wrote:
           | Yes? You don't need to be lawyers or financial gurus, you
           | just need to have common sense and strong ethics.
        
           | martingoodson wrote:
           | Yes of course they need to know the law. Anyone who might
           | potentially break the law during the course of their work
           | needs to know what that law is. 'Just following orders' is
           | not a defence.
           | 
           | This is very odd special pleading by programmers. Every
           | industry needs to do this: journalists learn media law in
           | their university degrees, architects have to learn the
           | building regulations. Why is programming any different?
        
             | im3w1l wrote:
             | Holding people personally liable is the exception and not
             | the norm. It makes sense too, like if the company lawyers
             | say something is fine then you have to be able to trust
             | them, unless it's something _obviously_ wrong.
        
             | tomnipotent wrote:
             | > Yes of course they need to know the law
             | 
             | That's absolutely ridiculous, and no court would expect it.
        
               | wyldberry wrote:
               | They won't until they do. When it's something seemingly
               | egregious like this, it has the potential to be something
               | that makes an example and changes curriculum for CS
               | students across the country for decades.
               | 
               | I expect other engineers to know laws when creating
               | things (not like having a JD). Accredited business
               | schools in the US teach business law to their undegrads.
               | It's absolutely not ridiculous or a stretch to have a
               | similar expectation.
        
               | tomnipotent wrote:
               | There's a big difference between the HN crowd shouting
               | "they should know the laws!" vs. licensed and controlled
               | professionals like architects and structural engineers
               | that "follow the law" via established codes, which have
               | clear boundaries that can be evaluated and prosecuted
               | when violated.
               | 
               | > When it's something seemingly egregious like this
               | 
               | You don't even know what "this" is. So the BI engineer
               | that stitches together data for a report should have
               | known that combining these two values was illegal? What
               | silliness.
        
               | martingoodson wrote:
               | 'clear boundaries that can be evaluated and prosecuted
               | when violated.'
               | 
               | Have you ever looked at media law or libel law? It does
               | not have clear boundaries, but journalists are still
               | expected to follow the law. Journalists are not absolved
               | of the responsibility because it's complicated.
               | 
               | You just need to not break the law. It's how it works. If
               | you don't want exposure to liability, you need to
               | acquaint yourself with relevant law.
        
               | tomnipotent wrote:
               | > It does not have clear boundaries
               | 
               | They absolutely have boundaries that a lawyer or
               | prosecutor can use to make a case in a court of law. How
               | do you think the law works? Interpretation of laws is a
               | big part of how the common law system works.
        
               | martingoodson wrote:
               | If there are clear boundaries, there would be no need for
               | interpretation. Interpretation is needed to resolve
               | questions that arise because the boundaries are not
               | clear.
        
               | tomnipotent wrote:
               | > If there are clear boundaries, there would be no need
               | for interpretation
               | 
               | You can't prosecute someone for murder just for insulting
               | you. You can't prosecute someone for robbery if all they
               | did was jaywalking. Media laws have clear boundaries
               | sufficient for legal professionals to do their job.
               | Building codes have clear boundaries sufficient for legal
               | professionals to do their job.
        
               | narism wrote:
               | Interpretation is exactly where the boundaries become
               | fuzzy.
        
               | ellen364 wrote:
               | In English courts, there's some debate about a
               | defendant's ignorance of the law.
               | 
               | In this Chancery case from 2021, the judge mulls over
               | what it means that a defendant is "unaware". He considers
               | the distinction between someone who knows about the
               | relevant law and misunderstands it vs someone who doesn't
               | know at all. And the judge briefly wonders whether
               | someone working in regulated activity (like finance) and
               | completely unaware poses the most risk to the public.
               | 
               | The judge left the issue unsettled, but it raises the
               | possibility that ignorance might count against a
               | defendant. The Chancery Division handles business
               | disputes, though, and I imagine the criminal courts have
               | their own rules.
               | 
               | Paragraphs 22-25 are most relevant:
               | https://www.bailii.org/ew/cases/EWHC/Ch/2021/995.html
        
             | [deleted]
        
             | uwuemu wrote:
             | > Yes of course they need to know the law. Anyone who might
             | potentially break the law during the course of their work
             | needs to know what that law is.
             | 
             | Complete nonsense. This is criminal law. Google "Mens rea".
        
               | martingoodson wrote:
               | Stay civil.
               | 
               | This is not an argument against programmers, like other
               | professionals, learning the aspects of the law which are
               | relevant to their job. Why should programming be the one
               | profession where this is not required?
        
               | uwuemu wrote:
               | Because to be criminally liable for something requires
               | both a) actually doing something that is against the law
               | and b) doing so with intent (i.e. you knew what you're
               | doing is against the law and you did it anyway... because
               | you thought you will not get caught or just didn't care).
               | It is then up to the prosecution to prove, beyond
               | reasonable doubt, that you actually intended to break the
               | law. (With the exception of strict liability crimes,
               | which are limited in scope to minor infractions and
               | things like drunk driving or statutory rape.)
               | 
               | You can still get sued in civil court of course, but
               | that's not the state trying to put you in a cage and so
               | the standard goes from beyond reasonable doubt to most
               | likely.
               | 
               | If you're a coder coding shady shit for your shady
               | employer, you most likely know you're doing so and
               | there's typically some trace or record left. But coders
               | are not investment bankers and in fact may not even know
               | anything about investment laws and regulations. And it's
               | completely unreasonable to expect them to know. I worked
               | on many projects, including medical and education... if I
               | had to question and investigate every executive decision
               | impacting my work then I wouldn't get anything done.
        
               | umanwizard wrote:
               | Sorry but this is completely wrong. "Mens rea" means
               | knowing you were doing a particular thing. It doesn't
               | mean knowing that it was illegal.
               | 
               | E.g. if I take your wallet off of a table because I
               | thought it was mine, I'm probably not guilty of theft. If
               | I took it because I didn't know theft was illegal, I
               | probably still am.
        
               | PeterisP wrote:
               | "Mens rea" is a requirement for certain crimes, but not
               | all, you definitely can be criminally liable for doing
               | something without intent. The trivial example is murder
               | vs manslaughter, the latter does not require intent but
               | obviously can be and is criminally prosecuted.
               | 
               | Furthermore, even in cases where mens rea is required, it
               | gets satisfied if you _intended to achieve the prohibited
               | result_ even if you thought that the result was
               | permitted.  "Intent" is not about intent to break the
               | law, it's about the intent to do the thing that happens
               | to be illegal. In this case, it matters if you knew what
               | the thing you're making was going to be used for (e.g.
               | hide some stuff from auditors) but your knowledge or
               | ignorance of the relevant laws and regulations doesn't
               | matter at all - as another poster noted, https://en.wikip
               | edia.org/wiki/Ignorantia_juris_non_excusat .
        
             | quonn wrote:
             | Because programming is usually applied to different
             | industries. Yes, you should know the laws of your own
             | industry (in tech that would be privacy, licenses, export
             | rules, copyright, some patent basics etc.) but you can't
             | know the law of each industry you write software for.
        
           | [deleted]
        
           | siva7 wrote:
           | Yes, engineers are also held responsible. If you're being
           | serious, here us some education about the origin of this
           | principle:
           | https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat
        
           | lawn wrote:
           | If the engineer(s) should be responsible or not doesn't
           | really matter, you could still get blamed either way.
        
           | xg15 wrote:
           | "I was only following orders" is generally seen as a bad
           | defense since the end of WW2.
        
             | joshlemer wrote:
             | This is why I don't get why the phrase/excuse/justification
             | "I'm just doing my job" is so commonly used.
        
               | chillfox wrote:
               | Because there's not been a large obvious reminder for
               | some time. In fact the last such reminder was before most
               | currently living software developers were born.
        
               | checkyoursudo wrote:
               | It can be _hard_ to do the right thing, especially if
               | there are real-world consequences like  "do this bad act
               | or lose your job" threats.
               | 
               | However, "do this bad act and we'll all get rich" seems a
               | bit ... harder to sympathize with.
        
               | grog454 wrote:
               | When an executive level manager is paid multiple times
               | (or orders of magnitude) what an engineer is paid, I feel
               | there should be a different assignment of responsibility
               | and exposure to risk.
        
           | baq wrote:
           | But if you only told someone to do it and haven't actually
           | done it yourself, are you guilty of breaking the law?
           | 
           | Yes, you are. Splitting responsibility between those who give
           | orders and those who follow them to avoid penalties is
           | exactly why both are persecuted and put in jail.
        
             | denton-scratch wrote:
             | > persecuted and put in jail.
             | 
             | That sounds like Julian Assange. Did you mean "prosecuted"?
        
               | baq wrote:
               | Yes a bad case of autocorrection...
        
           | ilikehurdles wrote:
           | In some cases, yes, they are held responsible. When I was
           | trained on HIPAA compliance lawyers made it clear that
           | individual employees could be held responsible for some
           | violations. And yes, we restricted service availability based
           | on region until we achieved compliance with GDPR and various
           | regional PII/PHI data export laws.
           | 
           | I work in another regulated industry today, and throughout
           | the year sign off on understanding various regulations and
           | trainings of 3 letter agencies, that are essentially in place
           | to indemnify the company in case of a violation. I'd expect
           | financial services follows similar steps.
        
         | fatnoah wrote:
         | > If you want to see what you should never do as a software
         | engineer if you like not being in jail, this is it.
         | 
         | Not quite the same level, but in my early days working on a
         | payment system, a request from the product team was to create a
         | summary screen where customer service reps could see payment
         | histories AND THE CC INFORMATION USED FOR THE PAYMENTS. In my
         | mind, there was no way that would end well, so I strenuously
         | objected and had to endure some very heated conversations over
         | the course of a month or two. Eventually product team agreed to
         | last 4 digits + expiration.
         | 
         | Nowadays it wouldn't even be a conversation, but in the early
         | 2000's, it was a different world.
        
           | IWillForgetThis wrote:
           | My first job out of college (2007) involved a lot of removal
           | of early 2000s one-off custom payment processing code. Access
           | DBs full of years worth of credit card numbers, code that
           | just emailed the credit card details to the site owner
           | without keeping a record, etc. It was definitely a different
           | world. Most of them, I just switched to PayPal shopping cart
           | and checkout. In retrospect, I didn't know wtf I was doing
           | and probably shouldn't have been working on it.
        
             | iamben wrote:
             | Yeah, I worked for an agency around the same sort of time
             | and saw exactly the same kind of thing.
             | 
             | I remember one site that saved all the CC and order details
             | to a plain text file in the web root. This was opened using
             | an FTP programme every evening and someone would run the
             | numbers through the machine in their store and post out the
             | orders...
        
               | verst wrote:
               | This surprisingly sounds very much like the actual ACH
               | system still in use today in the US (from my limited
               | understanding)
        
             | michaelbuckbee wrote:
             | If it's any consolation, the entire industry was in that
             | state: poor controls, poor encryption, and security, etc.
        
               | a2tech wrote:
               | "was"? It still seems like a confused mess with lots and
               | log 'security' that people ignore
        
               | michaelbuckbee wrote:
               | Sure, there's always room for improvement, but at the
               | very least SSL/TLS is ubiquitous now, there actual TLS
               | versions are much better, developers generally view
               | holding onto CC data directly as toxic (the growth of
               | things like Stripe checkout, etc.)
        
           | arealaccount wrote:
           | Do you mean not a conversation in the sense that we wouldn't
           | think of doing it, or in the sense that we wouldn't think of
           | questioning it?
        
             | Tostino wrote:
             | I took it as "wouldn't think of doing it".
        
             | fatnoah wrote:
             | Yeah, I definitely meant the former. We (hopefully?)
             | wouldn't even think of doing it.
        
             | TrickardRixx wrote:
             | We wouldn't think of doing it. This is the kind of thing
             | your auditors would see from outer space. If you're doing
             | this and you don't have auditors, you're lying on your
             | self-assessment questionnaire. Either way your merchant
             | status is in jeopardy.
        
         | jahnu wrote:
         | > If you want to see what you should never do as a software
         | engineer if you like not being in jail, this is it.
         | 
         | Exactly. And if you suspect you _are_ doing stuff like this
         | right now, speak to a lawyer, today.
        
         | alar44 wrote:
         | Really? I feel like intent would be really hard to prove.
         | 
         | "Hey, due to the way our accounting works I need you to
         | subtract X from our dashboard."
         | 
         | "Ok boss."
         | 
         | Are programmers expected to know finance law? If I build a
         | program for a dairy farmer am I supposed to know the laws of
         | the interstate dairy trade? I can't believe that would be the
         | case.
        
           | mianos wrote:
           | I have been working in finance my whole life.
           | 
           | A senior developer of anything in this area would be expected
           | to fully understand the risk implications of this. I have
           | written the code to closeout positions automatically multiple
           | times in multiple jobs.
           | 
           | It may have been possible someone directed a junior developer
           | to make this change, but then it would be a case of hunting
           | down who told them. If that happened in my team I'd be
           | documenting everything I saw and running, not walking, not
           | walking briskly, out the door.
           | 
           | This said, nothing is black and white. For example, due to
           | immature processes, they might have told the developer that
           | the main account was only one of many accounts they can call
           | on, but the code only allows for one, so we have to make an
           | exception. I'd still be freaking out.
        
           | hn_throwaway_99 wrote:
           | Nishad Singh wasn't some low-level coder. He was FTX's
           | Director of Engineering.
           | 
           | > "Hey, due to the way our accounting works I need you to
           | subtract X from our dashboard."
           | 
           | That is not what happened here. The fact alone that very few
           | people knew about Alameda's special treatment, and,
           | importantly, _deliberately conspired_ to keep that treatment
           | secret is a pretty strong indicator that he knew it was
           | wrong.
        
             | barbariangrunge wrote:
             | Director of engineering != product manager in charge of
             | deciding what features to include. If somebody tells
             | engineering, "we will not use this feature illegally," then
             | it's the fault of the higher ups who are possibly (?)
             | trying to scapegoat somebody to protect themselves
        
               | oshkarr wrote:
               | "I was just following orders" went out of style in 1946.
               | Software engineers are not mindless drones.
        
               | r_hoods_ghost wrote:
               | Directors have specific, well defined legal duties to
               | their company which includes a duty of fiduciary
               | responsibility. That is why they're directors rather than
               | "head of product" or "VP of marketing" or whatever other
               | meaningless title people bestow on themselves. Saying "my
               | boss told me to do it so it is not my fault" is nonsense
               | because you have no boss beyond your shareholders.
        
               | reverius42 wrote:
               | That's Director as in Board of Directors. In this case,
               | "Director of Engineering" probably just means "Manager of
               | managers of engineers".
        
               | ummonk wrote:
               | Holding the title "director of X" doesn't mean you're
               | necessarily on the board of directors.
        
               | xdavidliu wrote:
               | in fact, the two are probably anti-correlated
        
               | astrange wrote:
               | Isn't VP usually a higher title than director?
               | 
               | (Well, it's not in finance, but it could be in tech-like
               | crypto finance.)
        
           | tmaly wrote:
           | Most companies in financial services require training around
           | compliance topics such as AML.
           | 
           | If you are trading or working with customer money, you
           | usually have to take the Series 7 exam.
           | 
           | So I would say for regulated industries, programmers are
           | expected to know some degree of financial law.
        
           | echelon wrote:
           | > Are programmers expected to know finance law?
           | 
           | Working on fintech and transaction rails? Probably. I had to
           | know regulations when I worked in fintech. Plus, you don't
           | have to know the law to be found guilty of breaking it.
           | 
           | The engineers working on this are innocent until proven
           | guilty, but you'd better believe all internal comms, meeting
           | notes, and commit messages will be scrutinized.
           | 
           | Someone had to ask for the system to behave this way, and
           | that will have produced certain artifacts.
           | 
           | Engineers with knowledge may be cut deals to testify against
           | the bigger players.
        
             | jacquesm wrote:
             | > Plus, you don't have to know the law to be found guilty
             | of breaking it.
             | 
             | Precisely, ignorance is never a valid defense.
        
             | eternalban wrote:
             | > The engineers working on this are innocent until proven
             | guilty
             | 
             | I believe in due process [& friendship, too]. But alas for
             | the engineers concerned, SBF does not:
             | 
             | https://www.businessinsider.com/ftx-collapse-bankman-
             | fried-e...
             | 
             | "When asked to clarify whether they were both gone,
             | Bankman-Fried said that Wang was "scared" and Singh was
             | "ashamed and guilty" because FTX customers' deposits had
             | been lost."
             | 
             | Isn't that a strange thing to say? Singh is the guy who
             | made the change, per Reuters, and this snake knew that.
        
           | bigger_cheese wrote:
           | I think it depends a lot on the jurisdiction. In some
           | countries there are laws around ethics and disclosure
           | especially if you work in a certified occupation (i.e. a
           | licensed profession, such as traditional engineering).
           | 
           | Software probably makes things even more hazy but in
           | traditional engineering world there are very clear cut rules
           | around professional ethics, personal liability and
           | disclosure.
        
           | jerrysievert wrote:
           | i worked for a fintech startup in a similar space:
           | 
           | > Are programmers expected to know finance law?
           | 
           | in our case, we were. it was drilled in, and tested,
           | reviewed, and audited. i'm not saying that something like
           | this couldn't have happened, but in my case anyone who would
           | have been involved would definitely have known the legality.
        
           | arcbyte wrote:
           | Developers need to know the business better than the business
           | people. Always. Otherwise you can't implement the software
           | very well.
        
             | parksoha wrote:
             | Isn't it completely unscalable? I work for a big automaker,
             | there's literally people whose only job is to be compliant
             | and inform the necessary leads about it. There's hundreds
             | of countries, each with very specific things. If I study
             | everything, I can't code.
             | 
             | When knowledge arrives at my team, is already condensed to
             | the point of: "in X country, you must tell the prices of a
             | call if you show a phone number for assistance"
             | 
             | Why should I explore every loophole of law to be compliant?
             | That's the companies job, not mine.
        
               | acdha wrote:
               | Down to the trivia level for an entire global company,
               | sure, but this is a lot more general and bigger. Like if
               | you have rules against accepting gifts from vendors,
               | maybe you don't remember if the threshold is $10 or $15,
               | but you shouldn't need to ask to know it's not $30k in a
               | suitcase.
        
               | hn_throwaway_99 wrote:
               | For some reason, I've seen a lot of people try to make
               | arguments around FTX that completely miss the scale and
               | malfeasance that occurred. This wasn't a case of "oh, you
               | got some esoteric GAAP depreciation rule wrong". This was
               | an engineering _leader_ putting a ton of special cases in
               | the code saying  "For our most beloved partner, none of
               | the rules apply, including letting them take unlimited
               | amounts of customer funds. Oh, and be sure to hide this
               | from the dashboards the rest of the company uses."
               | 
               | This is not hard. Nobody needs to be versed in the ins-
               | and-outs of jurisdictional compliance rules to see this
               | was blatant and egregious.
               | 
               | If any of this looks _remotely_ familiar to any software
               | devs out there, you should really re-examine your morals.
               | Or at least hire a lawyer.
        
               | mianos wrote:
               | Probably yes. What about the Volkswagen diesel emissions
               | cheating that was approved and implemented by engineers?
               | 
               | It also might depend on seniority so you might not be on
               | the hook.
        
             | greesil wrote:
             | That's why I'm getting a MBA.
        
             | cramjabsyn wrote:
             | I'm sorry, what?
        
             | galaxyLogic wrote:
             | I would say no. They just need to know how to implement
             | what they are asked to implement.
             | 
             | Say you are an engineer working for a gun manufacturer. You
             | need to know how to manufacture the gun. You don't need to
             | know what it is used for or by whom or even how much it is
             | sold for.
             | 
             | If you are aware that a crime is going on you in principle
             | are required to report it, but not doing so is not nearly
             | at the same level of crime as actually doing the crime. So
             | here I think the court will look at two things?
             | 
             | Did the engineer know that a crime was being committed?
             | 
             | Did the engineer personally benefit from the proceeds of
             | the crime more than their ordinary salary?
             | 
             | I am not a lawyer though so don't take my advise.:-)
        
               | XajniN wrote:
               | That is a very bad analogy. Guns are not illegal, what
               | people do with them might be. What these developers made
               | had no lawful use. A better analogy would be if some
               | engineers in a gun factory were making chemical weapons.
        
             | nradov wrote:
             | That's a nice little fantasy. In the real world, competent
             | developers with that level of domain knowledge mostly don't
             | exist at any price. In the healthcare field where I work,
             | not many developers have ever gone to medical school.
        
               | liketochill wrote:
               | would you program the software to allow your friend to
               | obtain drugs from the hospital without deducting it from
               | inventory so nobody would notice?
        
               | DangitBobby wrote:
               | Different scenarios are different.
        
               | DontchaKnowit wrote:
               | But not that different.
               | 
               | You're telling me a software engineer could make a change
               | that allowed spending money a company could not legally
               | spend and he had no idea about it? Come on. That is
               | preposterous. At any respectable company alarm bells
               | would be going off everywhere and fingers would all start
               | pointing to that change. Theres virtually 0 chance that
               | there was not intent.
        
           | jacquesm wrote:
           | Ignorance of the law is _never_ an excuse if you are found to
           | be breaking the law. So if you think what you are doing is
           | possibly in violation of the law you better bone up or ask a
           | lawyer for a statement on letterhead that what you are doing
           | is ok.
        
             | umanwizard wrote:
             | > Ignorance of the law is never an excuse if you are found
             | to be breaking the law.
             | 
             | That's true, but ignorance of the facts often can be. "I
             | didn't know I was doing X" rather than "I didn't know X was
             | illegal".
        
               | jacquesm wrote:
               | For C-level execs that is probably not going to work, but
               | for people lower on the totem pole it may well give at
               | least some relief. You might end up convicted anyway but
               | with a more lenient sentence if the argument is
               | considered believable.
        
             | megablast wrote:
             | So every dev needs to also be an expert lawyer and
             | financier??? OK.
        
               | headsoup wrote:
               | If you work in a company where there is no one that has
               | some idea about the laws that apply to what you do that
               | you could check with, you would be a little concerned.
        
               | jacquesm wrote:
               | No, not every dev.
        
               | hef19898 wrote:
               | Propably not, but a solid understanding of the rules and
               | regulations, and legal requirements, of your field and
               | thebindustry your working in is actually a pretty good
               | thing.
        
               | VBprogrammer wrote:
               | There are blatantly illegal things you can do in any
               | field of work. You need to be aware of what is and isn't
               | within the law on a loose basis yes. Even labourers on a
               | building site have to do some training to avoid breaching
               | health and safety legislation (or at least to minimise
               | the companies liability when they error).
               | 
               | You also need to have faith in the compliance team and
               | senior management. If your company works in legally
               | sticky territory like crypto doubly so.
        
               | mrguyorama wrote:
               | If you want to write code for a financial institution?
               | You bet you should be expected to know what you are
               | doing, and understand there are relevant laws, and also
               | not violate those laws. It's not hard. I know the
               | relevant laws to my domain of job.
        
               | baq wrote:
               | If you are in finance or law it is a good idea to know
               | what you can go to jail for. Engineers are people and
               | people can go to jail for breaking laws they didn't know
               | about.
        
           | dereg wrote:
           | This is why Caroline is an important witness for the
           | prosecution. It seems like most of the nefarious stuff
           | occurred in Signal.
        
           | steveBK123 wrote:
           | If Jamie Dimon asked a developer at the bank "hey can you
           | have Chase ATMs allow these 10 accounts that are in my name
           | to withdraw unlimited funds?" everyone involved would be in
           | jail.
           | 
           | This is not dissimilar.
        
             | stickfigure wrote:
             | "For testing purposes, these 10 account numbers should be
             | allowed to remove cash from any of our ATMs. The testers
             | will put the money back." It doesn't sound that nefarious.
             | If you told me this is how ATMs are currently being tested
             | in the industry, I wouldn't be able to contradict you.
        
               | imtringued wrote:
               | That is very nefarious. You can cancel ATM fees but
               | withdrawing unlimited money?
               | 
               | Just deposit the money before withdrawing it.
        
               | salawat wrote:
               | ...A bench test of an ATM probably doesn't involve real
               | money. No one in finance is stupid enough to use real
               | money on production environments for testing purposes.
               | 
               | There is test... And there is PROD. Never do the two
               | meet. Ever.
               | 
               | If someone out there does, please make yourself known so
               | we can get the investigators over there ASAP.
        
               | malandrew wrote:
               | You can test in production if you have multi-tenancy
               | aware services, where tenancy is some string value like
               | Foo to make sure reads to Foo can only read data that was
               | written to Foo.
        
               | headsoup wrote:
               | That's not testing in production, that's just the same as
               | saying your test VMWare environment is in the same
               | datacentre as your prod VMWare environment.
        
               | ragtete wrote:
               | Huh? You're telling me that you think they never test
               | ATMs in prod? That's ridiculous.
               | 
               | You think they're just guessing that the test environment
               | perfectly matches the prod environment?
        
               | headsoup wrote:
               | "In production, boss?" I don't think so.
        
             | geoduck14 wrote:
             | >If Jamie Dimon asked a developer at the bank "hey can you
             | have Chase ATMs allow these 10 accounts that are in my name
             | to withdraw unlimited funds?" everyone involved would be in
             | jail.
             | 
             | This isn't true
             | 
             | I worked for a large bank. I managed data for their
             | mortgages. We bought another bank and processed their
             | mortgages with our systems. There were several thousand
             | accounts that we called "friends of the <former CEO>"
             | because they had _really weird terms_.
             | 
             | A noteworthy example is: $10m Home Equity loan, with 2%
             | interest for 40 years, and the owner could refinance any
             | anytime without any fees
             | 
             | In English, this means we can't repossess their loan, they
             | pay a _super_ low monthly payment, and the final amount is
             | never _really_ due.
        
               | mertd wrote:
               | I fail to see the equivalence. These are just loans with
               | weirdly favorable terms. If the other bank had
               | shareholders, then this would be a breach of the
               | fiduciary duty. Otherwise it's just bad business? Bad
               | business != fraud.
        
               | headsoup wrote:
               | Isn't it fraud if you're telling you're customers you
               | don't and can't do this?
        
               | tiahura wrote:
               | No.
               | 
               | A car salesman telling you they can't sell you the new
               | Buick for $42,000, when they sold one to their neighbor
               | yesterday for $41,000 is not fraud.
        
               | PeterisP wrote:
               | I'm not sure why would that be fraud - who would be the
               | defrauded party there? Offering wildly different
               | conditions or prices to different customers definitely
               | isn't fraud.
               | 
               | The other customers have no standing there, they have no
               | relationship whatsoever that contract between the bank
               | and another customer, they have no legal expectation to
               | get the same conditions or to know what conditions other
               | customers get. If the bank explicitly and intentionally
               | lied that no other customers get so favorable conditions,
               | that _might_ be false advertising but I 'm not sure, I'd
               | expect a reasonable court to interpret that a bank
               | "telling your customers you don't and can't do this" is
               | exaggeration/puffery (i.e. permissible) and doesn't have
               | to literally mean that they're not doing that for anyone,
               | it means that they absolutely refuse to do it for you.
        
               | jacquesm wrote:
               | Given the market of the last couple of years they may
               | actually have been able to re-finance that loan with a
               | different bank and gotten better terms. 40 years is a
               | long time.
        
               | megablast wrote:
               | > and the final amount is never really due.
               | 
               | Yeah??
        
               | notyourwork wrote:
               | In english it means the terms are 40 years to repay the
               | loan at a 2% rate. Not sure how that translates to never
               | really due.
        
               | [deleted]
        
               | zopa wrote:
               | I'm assuming the poster meant refinance with the same
               | terms. So the borrower can get another 40 years to pay
               | back the remaining balance anytime they like.
        
               | vel0city wrote:
               | $10M ona 40 year term and a 2% rate is like $30k/mo in
               | payments. I wouldn't say most people would think of $30k
               | a month a super low payment.
               | 
               | And now that the bank has new ownership they might be
               | able to refinance again and continue to kick the can down
               | the road, but they're less likely to get as favorable of
               | terms I'd imagine.
        
           | MonkeyMalarky wrote:
           | I don't know about finance but for HIPAA and CCPA, the answer
           | is yes. Is there an accounting equivalent to the yearly,
           | mandatory 20 minute compliance training videos?
        
             | drunkpotato wrote:
             | Yes, in US fintech there are mandatory courses in anti-
             | money laundering and know your customer laws that
             | programmers are required to take along with everyone else.
             | 
             | I don't know what exists in the crypto world operating in
             | the Bahamas, but I'm not going to lose a lot of sleep if
             | the FTX director of engineering winds up going to prison
             | for this.
        
           | tekla wrote:
           | Developers should know to ask questions when a weird request
           | is made.
           | 
           | Developers presumably know how to think and have a vague idea
           | of what the business does to know that a ask to futz with
           | internal financials programmatically is fucking wierd.
        
             | deathanatos wrote:
             | IME, it depends on your chain of command. I've literally
             | been reprimanded in my career for asking questions. My boss
             | at that time was crap. I didn't choose him. Asking
             | questions can very likely get you fired.
             | 
             | Also got reprimanded for disobeying an order at once; my
             | boss -- same one as above -- would not take "no, we are in
             | a regulated industry, and I cannot do that" for an answer.
             | I ended up going behind his back, getting the approvals he
             | should have gotten himself, and once I'd secured those,
             | granted him the access he wanted. I also tried to escalate
             | to his boss (my grand-boss) ... but he didn't respond until
             | it was all moot.
             | 
             | But there is a lot of stress when you're fearing for your
             | job, even though you're just trying to do things by the
             | book. I'm inclined to side with engineers, to a degree: the
             | chain of command's responsibility is to never put eng in
             | that position. (Although here, the eng in question seems
             | far higher up than I am. I'm just a bottom rung eng...)
             | 
             | > _Developers presumably know how to think and have a vague
             | idea of what the business does to know that a ask to futz
             | with internal financials programmatically is fucking
             | wierd._
             | 
             | They _should_ but IME they often don 't, and even if they
             | do, people are _lazy_. It 's a struggle to get people to do
             | the things they should do some days.
        
               | waltergrump wrote:
               | I'm in an industry with a lot of migrant workers, I was
               | asked to write software that would change the time
               | records for migrant workers so they never get overtime.
               | 
               | I said I wouldn't do it unless they showed me the legal
               | advise saying that it was ok. The office sycophant piped
               | up and said "I'll do it". From then on I stopped being
               | invited to meetings and my job transitioned into
               | answering the phone and then out the door.
               | 
               | I hope they jail the developers for 500 years, that's the
               | sort of signal that needs to be sent.
        
               | bigfudge wrote:
               | (especially) if you have left this business you should
               | blow the whistle on this. Have you thought about doing
               | it? What are the main barriers?
        
               | tiahura wrote:
               | They probably weren't paying taxes on the overtime
               | either. The IRS pays whistleblowers.
        
               | jacquesm wrote:
               | Being fired for asking questions handily beats going to
               | jail for not asking questions.
        
               | salawat wrote:
               | You want Engineer in your job title? Then you say no, and
               | you damned well ask questions, and you damned well make
               | sure to leave the moment they make it impossible for you
               | to act ethically.
        
               | notch656a wrote:
               | This should apply to anyone. IMO engineers aren't
               | special. As a human you should try not to fuck over other
               | people.
        
               | creato wrote:
               | I assume this is a reference to other engineering
               | disciplines, where an engineer signing off on something
               | has real meaning.
        
               | galaxyLogic wrote:
               | Right, "software engineer" is often used just as a
               | synonym for "Programmer". That's just how the industry
               | is, currently.
               | 
               | There are no regulations as to who can develop what
               | software as far as I know. Whereas there are for who can
               | design a bridge, act as your lawyer, or prescribe you
               | medicine.
        
               | mitjam wrote:
               | Yes and when we as software engineers / programmers act
               | as if we don't care we should not be surprised if
               | software engineering / programming gets regulated, too.
        
               | umanwizard wrote:
               | People gatekeeping the word "engineer" is a bit annoying,
               | since the word "engineer" dates to at least 1380 and
               | originally just means someone who works on engines.
               | "Engineer" as a legally super special class of job is a
               | thing that came much later and only ever applied to
               | certain jurisdictions anyway.
               | 
               | "Software engineer" is just a synonym for "programmer",
               | in the actually existing practice of the English
               | language.
        
               | oesexe wrote:
               | In Denmark you need to hold a degree of engineering for
               | you to call you an engineer of any kind. It's a protected
               | term. As I remember, in the US it is not protected and
               | anyone can call themselves engineers.
        
               | tiahura wrote:
               | It varies by state.
        
               | Eisenstein wrote:
               | And 'doctor' means someone with a PhD. I know a lot of
               | doctors. However, when you talk about medicine, we mean
               | 'Doctor' with an M.D. and they are literally held to
               | higher standards of ethics and liability. They are
               | licensed and people who practice professionally without a
               | license are subject to legal ramifications.
               | 
               | Call yourself whatever you want, but that doesn't mean
               | you get to define what 'Engineers' are and what ethics
               | they are bound to. Just because you use the term in your
               | title and say it is used properly in English, doesn't
               | mean that you won't get treated any different than
               | someone with a PhD demanding to be called Doctor and
               | pretending there is no difference between them an and
               | M.D.
        
               | umanwizard wrote:
               | Of course the word "doctor" means different things, just
               | like "engineer". The OP is the one who was trying to
               | conflate them. It's like if you told someone with a PhD
               | in CS "if you want to be called 'doctor', you had better
               | be able to heal sick people".
        
               | mirchibajji wrote:
               | This sounds great on paper. However, the reason
               | "Engineer" matters is because regulation requires it. If
               | my company is required to get a sign off from an Engineer
               | before software is updated, then you can be 100% sure
               | those who are qualified to sign off take their title
               | seriously. Until then, it is just a fancy title.
               | 
               | My impression is that this title comes from the practice
               | of "software engineering", not necessarily that the
               | practitioners are licensed Engineers.
        
           | TuringNYC wrote:
           | >> Are programmers expected to know finance law?
           | 
           | https://adage.com/article/marketing-news-strategy/tom-
           | brady-...
           | 
           | I'm surprised that even Football players are being expected
           | to have evaluated the company's legitimacy, which seems
           | unreasonable.
        
             | thombat wrote:
             | Interesting article! So Brady took "an equity stake in the
             | company and [got] a signing bonus in crypto", then went on
             | to make advertisements even though "The NFL has banned
             | cryptocurrency and NFT sponsorships for its teams". Seems
             | that he, or likely his lawyer and/or financial adviser,
             | will have been evaluated the legitimacy since he's deep
             | into caveat emptor territory. Like innocently buying a
             | stolen car: you're unlikely to be in legal peril but you
             | will lose the car (and gain a claim against the thief that
             | sold it to you)
        
       | harriet1 wrote:
        
       | qwertyuiop_ wrote:
       | Is lying to Congress going to be added to his charges ?
       | 
       |  _In congressional testimony on May 12, he called FTX's software
       | "safe, tested and conservative."_ _By quickly unwinding the
       | riskiest, most undercollateralized positions, the risk engine
       | prevents build-up of credit risk that could otherwise cascade
       | beyond the platform, resulting in contagion," Bankman-Fried
       | testified._ _He did not tell lawmakers about the software change
       | to exempt Alameda. Indeed, he told investors that Alameda
       | received no preferential treatment from FTX, the SEC complaint
       | said_
        
       | neonate wrote:
       | http://web.archive.org/web/20221213211717/https://www.reuter...
       | 
       | https://archive.ph/ijeyN
        
       | sagebird wrote:
       | I love that Reuters has (ok- maybe with the help of someone else)
       | reviewed git commits.
       | 
       | The reporting has a high content to fluff ratio - refreshing.
        
       | roland35 wrote:
       | And this is what really ruins crypto to me. With no actual legal
       | protection, no trust, "code is law", am I expected to keep up
       | with every pull request? And of course these exchanges are
       | completely opaque on top of that.
        
         | chrisco255 wrote:
         | This is just old-fashioned fraud. SBF had a Jane Street (trad
         | fi) background. FTX didn't operate a blockchain or develop any
         | blockchain technology on their own. They operated a trading
         | platform that was run on Python and SQL. Then they embezzled
         | funds and hid the trail.
        
         | rafale wrote:
         | This is not crypto, this is Enron, Theranos and Madoff. In
         | DeFi, you check the code once, and that's what gonna run
         | (exception being proxy contracts, but those are a red flag in
         | itself).
        
           | gcr wrote:
           | Remember what happened with the 2016 Ethereum DAO?
           | 
           | Even expert programmers aren't able to check smart contracts
           | for all possible issues.
        
             | jacoblambda wrote:
             | That's what happens when you decide to write your smart
             | contract language in what is basically javascript and your
             | smart contracts are interpreted in a stack based VM. Doubly
             | so when your contract execution is entirely determined by
             | the order in which Tx happen to get accepted.
             | 
             | It's actually sane when your contract is written in a non-
             | turing-complete language with strong typing and the smart
             | contract system has deterministic execution (i.e. you know
             | the result when you submit the Tx and if the result would
             | be different, the tx fails, preferably without charging
             | you).
             | 
             | I'm convinced that one of the main issues with most smart
             | contracts is that they have such weak guarantees and the
             | guarantees they do have are brittle and hidden behind
             | complex, opaque proofs & constraint systems.
        
               | bogomipz wrote:
               | >"That's what happens when you decide to write your smart
               | contract language in what is basically javascript and
               | your smart contracts are interpreted in a stack based
               | VM."
               | 
               | What was the language and why did running it in a stack
               | based VM lead to this? I'm curious about the intersection
               | of the language and the type of VM it ran in.
        
               | rwmj wrote:
               | Solidity. The Wikipedia article has some more information
               | on the problems:
               | https://en.wikipedia.org/wiki/Solidity#Criticism
        
             | spookthesunset wrote:
             | The DAO "hack" was just a legitimate transfer of wealth
             | from weak hands to smarter hands. Code is law. All "bugs"
             | are law too. The only people who stole anything where the
             | devs who reversed the ethereum blockchain...
        
               | ahtihn wrote:
               | > devs who reversed the ethereum blockchain
               | 
               | They didn't. They made a hard fork and the community
               | followed. The "hacked" chain still exists, go use it if
               | you want.
        
             | everfree wrote:
             | Expert programmers in a programming language that at the
             | time had no tooling and had only existed for less than one
             | year? No such thing.
        
           | anon291 wrote:
           | People need to understand that money is debt. That is the
           | source of all currency (yes, even gold and other 'hard'
           | currency). If people cannot freely create it, then it's
           | useless. The key is that you ought to be able to gauge the
           | money creator on their trustworthiness, which hopefully you
           | know as a member of a small community. Or, if you are
           | creating money on the open market to large numbers of people,
           | often it's useful to make your case to a nexus of trust
           | (i.e., a bank) so that more people will accept your money
           | 
           | Unfortunately what happened here is a fraudster latched on to
           | a movement that decried centralized trust and said that he is
           | trustworthy and, when asked, pointed to some code that no one
           | could inspect or understand. Simpletons believed him because
           | they believed in the 'trust the code' hype, and believed his
           | money was real. They were wrong.
           | 
           | But at the end of the day, expecting code to replace the core
           | human emotion of trust, the source of money, is ridiculous.
        
             | tedk-42 wrote:
             | Money is money. Debt is money from the future. Seems you
             | don't understand.
        
               | anon291 wrote:
               | And yet debt has monetary value today and can be sold for
               | cash today. It can also be sold for goods which makes it
               | more money like than Bitcoin.
               | 
               | If you don't understand currency basics, I advise to stay
               | away from crypto
        
               | tedk-42 wrote:
               | I'm just gonna reply to myself rather than this thread of
               | 'intellectuals' that have latched on thinking they're
               | super woke about 'money'.
               | 
               | This is really sad. Especially the guy who 'advised' to
               | stay away from crypto. I don't need advice to know it's
               | for idiots
        
               | anon291 wrote:
               | Since this is a pointed reply to my own comment, I'm just
               | going to say that I'm anti-crypto, for the record.
        
               | 0xcde4c3db wrote:
               | > Debt is money from the future.
               | 
               | By the same token, money is debt from the past.
               | 
               | The origins of debt are ultimately material. Alice has a
               | bushel of apples today, but Bob won't have a bushel of
               | oranges until next month. The function of money is to
               | decouple the general function of debt from its material
               | details. In other words, you can have debt without money,
               | but you cannot have money without an underlying debt.
        
               | wildrhythms wrote:
               | Do you actually believe all of the world's debt can be
               | repaid?
        
               | 0xcde4c3db wrote:
               | Not a chance. I believe we're all mostly out here trying
               | our best to make the numbers add up, when we're not
               | (judiciously, I hope) looking the other way because _some
               | particular numbers_ offend our sensibilities. People are
               | complicated, and economies are made of people. Money isn
               | 't a law of the universe, it's a technology we invented
               | and (mis)apply in accordance with our values and desires.
        
               | imtringued wrote:
               | It can be in barter clubs and with demurrage currencies.
               | The problem with debt is that it takes two to pay off
               | debt. The creditor has to spend off their savings at the
               | same rate the debtor pays off their debt.
               | 
               | This type of synchronization requires a negative price
               | signal on money though.
        
               | __derek__ wrote:
               | _Money_ is money from the future. If I give you one
               | dollar today, you value it not because you can
               | instantaneously exchange it for a soda, but because you
               | can exchange it for a soda tomorrow.
        
               | imtringued wrote:
               | Technically money isn't bound to a specific period. So
               | you are right. Money exists in the past, present and
               | future simultaneously.
        
               | ClumsyPilot wrote:
               | there is no money, it is all debt, he is right. Unless
               | you carry around golden coins.
        
               | jfengel wrote:
               | Even if you carry around golden coins. They have little
               | value, especially in coin shape. They are just
               | unforgeable, fungible markers for debt.
        
               | imtringued wrote:
               | That is not how debt works, not even in a 100% reserve
               | system.
               | 
               | You are never borrowing from the future. In a 100%
               | reserve system you borrow from other people in the
               | present. If you fail to repay you don't disappoint your
               | future self, you disappoint another person in the
               | present.
               | 
               | In a fractional reserve system loans create both debt and
               | new money and the debt is always an obligation to pay
               | back present money on a fixed schedule.
        
             | 8note wrote:
             | > a movement that decried centralized trust
             | 
             | I don't think the movement cares about centralized trust?
             | Instead it's a movement of get rich quick schemes
             | 
             | There's some separate movement that cares about
             | decentralization, but they're only tangentially affected
             | because they didn't use FTX, and they don't value their
             | crypto in terms of stuff it can buy, but how it makes them
             | feel
        
             | gruez wrote:
             | >But at the end of the day, expecting code to replace the
             | core human emotion of trust, the source of money, is
             | ridiculous.
             | 
             | No, the point is for code to replace the
             | institutions/people that people trust (ie. trusting the
             | bitcoin network's consensus code, rather than a central
             | bank), not "replace the core human emotion of trust".
        
               | sifar wrote:
               | >> No, the point is for code to replace the
               | institutions/people that people trust
               | 
               | Knowing how computing hardware and software works, I
               | wouldn't put more trust in code either - in fact it would
               | be less.
        
               | spookthesunset wrote:
               | Which works great until the core developers decide to
               | rollback the "code is law" blockchain because there was a
               | transaction they didn't like. As it turns you _still_
               | need to trust humans even in the world of "code is law"
        
               | boring_twenties wrote:
               | Not really, the community ultimately decides whether to
               | accept such decisions via distributed consensus. In this
               | case a huge majority went along with it, but a minority
               | did not; see Ethereum Classic, which still kinda exists
        
         | throwaway4837 wrote:
         | Do you currently keep up with every clause in every contract
         | and law? Doesn't seem like a new problem.
        
           | 8note wrote:
           | I generally have to accept contract changes before they apply
           | to me? And I'm given an opt out method before they apply
        
         | spookthesunset wrote:
         | Crypto only exists because it is unregulated. If it had to play
         | by ethical, moral rules the entire space would collapse. The
         | sole purpose of crypto is fraud. You take away the fraud and
         | you get nothing but a solution in search of a problem.
        
           | everfree wrote:
           | Do you really believe that when Satoshi originally sat down
           | to write the Bitcoin source code, he was thinking "I am going
           | to write an open source software tool that's purpose-built
           | for committing fraud"?
        
             | spookthesunset wrote:
             | Who even knows who Satoshi is? It could be the original
             | scammer... who really knows?
        
               | astrange wrote:
               | I'm still hoping it's Paul Le Roux.
        
             | throwaway290 wrote:
             | There's a reason the people behind Bitcoin chose a
             | throwaway name. I guess you named that reason.
        
         | notch656a wrote:
         | Both criminal law and code are vast enough that the fraction I
         | understand of either is closer to zero than the entirety.
        
           | [deleted]
        
           | [deleted]
        
         | gruez wrote:
         | There's many reasons to hate smart contracts, but this isn't
         | one of them. The article is talking about changes to a codebase
         | that's closed source and deployed with little scrutiny. None of
         | this is applicable to reputable smart contract projects, which
         | are open source and require some sort of consensus and/or vote
         | for code changes. Using this as an argument against smart
         | contracts makes as much sense as using the elections in russia
         | as an argument against democracy.
        
           | gcr wrote:
           | Your very post says it -- "reputable." In this field, no
           | matter the technology, reputation and trust are everything
           | amidst fears of rug pulls and scams, and smart contracts
           | don't replace the need for social trust.
           | 
           | It's hard to name any crypto organization that was seen as
           | more reputable than FTX before this happened.
           | 
           | If we can't even trust someone with SBF's track record,
           | what's left?
        
             | wereallterrrist wrote:
             | Speak for yourself. Before I read your full comment I
             | assumed your last line was a literal joke.
             | 
             | Countless charlatans have run confidence scams (cons) in
             | the crypto space, accuring money and attention around a
             | centralized platform, in a tech area predicated on
             | decentralized technology.
             | 
             | Living through the MtGox era, watching the corners of the
             | Internet refer to the incident _for a decade_ and then the
             | Shocked Pikachu faces now? I just _can 't_.
             | 
             | I don't care about crypto and "the masses". I invest in
             | things I understand, and it hasn't _burnt_ me yet. I
             | understand crypto and it's _unique_ value prop and it sure
             | as hell doesn 't involve investing in or putting my money
             | into a centralized platform. And certainly not one run by
             | the blessed-ilk of Wall Street.
             | 
             | Once again, _ever so slight_ skepticism for the win. It 's
             | truly unbelievable the irrationality people engage in when
             | they think they're in on something _even when they don 't
             | actually understand it!_
             | 
             | "The line goes up" is a cautionary tale, and yet I think
             | some folks really missed the whole middle section talking
             | about the psychology that the vultures (NFT, centralized
             | exchanges, etc) are preying upon when chasing explosive
             | growth (or riches, on the other side of the equation).
             | 
             | > and smart contracts don't replace the need for social
             | trust.
             | 
             | idk, a (still relatively) fat stack of crypto sitting on my
             | Ledger would disagree.
        
             | gruez wrote:
             | I was mostly using "reputable" as a hand wavy way to
             | eliminate the minority of smart contract projects that
             | don't have such protections. As it relates to smart
             | contracts or more broadly crypto, the point is that you can
             | theoretically inspect every aspect of the system, rather
             | than trusting whoever is running it won't do anything bad
             | because they're "reputable". There are still failure modes
             | for this (eg. hidden bugs, intentional or otherwise), but
             | at least you can't pull off what happened at FTX.
        
             | nullc wrote:
             | thats so wtf to me-- from my perspective it was obviously
             | squirrly from the start.
             | 
             | The guy showed up out of nowhere... suddenly being promoted
             | by throwaway reddit accounts, claiming to have made more
             | than ten billion on trades where claiming a million dollar
             | payoff would have been surprising and dubious.
             | 
             | Their exchange specialized in offering almost anonymous
             | retail traders access to leveraged trading on the most
             | dubious of cryptocurrencies stuff popular exchanges won't
             | carry and they carry a lot of bullshit. They even had
             | varrious weirdo products 'index funds' including one called
             | 'shitcoin index'.
             | 
             | When FTX acquired a derivatives clearing house I used, I
             | pulled 95% of my account value out right away. I also
             | warned my friends to stay away from FTX or anything related
             | when I had the chance-- which wasn't often because it
             | wasn't something most bitcoiners I encountered were
             | particularly aware of (as mentioned, their service was more
             | of a casino than an exchange-- big leverage for the most
             | volitile crap).
             | 
             | So while I get how people that might have been in the right
             | media bubbles might have thought it was reputable... but
             | generally? Not a chance, at least not from my perspective.
             | 
             | Was the media critical? No-- there are reports that
             | negative stories about SBF and FTX were actively suppressed
             | in some newsrooms and it's already the case that
             | scamcoiners are actively suing people who criticize them,
             | so that's a big incentive to say nothing when you see a
             | fraud.
        
               | SilasX wrote:
               | You mean LedgerX as the derivatives clearinghouse? That
               | one was (somehow) insulated from the bankruptcy and
               | commingling of funds.
        
           | 8note wrote:
           | Aren't they Russian elections though?
           | 
           | A bad actor can steal the voting tokens, and decide the vote.
           | Even without that, I can't assume that the voters are aligned
           | to my interests
        
             | gruez wrote:
             | >A bad actor can steal the voting tokens, and decide the
             | vote. Even without that, I can't assume that the voters are
             | aligned to my interests
             | 
             | Right, but all those attacks are harder to pull off and
             | more visible than what the parent implied (ie. someone can
             | unilaterally make changes without anyone finding out). Like
             | I said in my previous comment, there are many issues with
             | smart contracts, but the objection raised by OP is just
             | really badly conceived.
             | 
             | >Even without that, I can't assume that the voters are
             | aligned to my interests
             | 
             | This seems like an impossible demand to me. What type of
             | system (democratic/non-democratic, crypto/non-crypto)
             | ensures that the decision made will always align with
             | everyone's interests?
        
       | fellellor wrote:
       | So happy this PoS and his crew are getting arrested. May they rot
       | away in prison till they die.
        
       | whalesalad wrote:
       | How did Reuters get a copy of the codebase? I would LOVE to see
       | it.
        
         | steveBK123 wrote:
         | I bet its a horror show too
        
         | tawaycrypto wrote:
         | How do you think code written by clown looks like? I guess its
         | full of shit
        
       | sklargh wrote:
       | Code is law, until an actual law enforcement entity takes an
       | interest in you.
        
       | flobosg wrote:
        
       | sirsinsalot wrote:
       | I'm not sure Singh should be held accountable. He is a
       | programmer. He coded what his boss told him to.
       | 
       | This isn't like coding a bomb to kill people, where the
       | programmer clearly has an ethical choice.
       | 
       | Singh was an employee, whose bosses had the job of ensuring what
       | they asked him to do was legal, and he was not obliged to
       | consider the ethics or legality with full view of the "big
       | picture" nor even know or take the "big picture" into account.
       | 
       | That's the bosses job, that's why they're paid more, that's why
       | they take more risk, that's why they may end up in prison.
       | 
       | Even where Singh knew something was up, it wasn't his place to be
       | a financial expert. That's what the company's senior staff are
       | supposed to be. Even where Singh had a partial knowledge or view
       | of the entire company/companies or the legal framework they
       | operated in, in his role as a programmer he was not obliged to
       | have a full view (nor could he have).
       | 
       | This partial view of what's going on means his decisions can not
       | be in full consideration. It's the bosses job to make the
       | consideration. They failed.
       | 
       | To judge Singh in hindsight as if he knew everything we know now,
       | or that the courts will come to know, is bizarre.
        
         | eugeneagyeman wrote:
         | Wrong reply
        
       | ratg13 wrote:
       | This has Dan Friedburg's fingerprints all over it and is
       | reminiscent of Ultimate Bet's "god mode".
       | 
       | Would not be surprised if this move was advised by their legal
       | counsel.
        
         | dieselgate wrote:
         | Good reminder - SBF really dodged the questions related to "Why
         | Dan Friedburg?" asked by coffeezilla
         | 
         | Not that we didn't see that coming or anything
        
       | bitwise101 wrote:
       | So the conclusive evidence was found with git blame?
        
         | drexlspivey wrote:
         | for dfb6f1f9 you are sentenced to 3 years in prison
        
           | thakoppno wrote:
           | one time being a bit too careless with my command line
           | friends of youtube-dl, mpd and git, I most certainly broke
           | federal copyright laws with a single commit.
        
           | koolba wrote:
           | Would a git push -f master add a destroying evidence charge?
        
         | andirk wrote:
         | The fact that the software was not audited speaks more about
         | the big names who invested in this clown than the clown
         | himself. So weird how he publicly touted the EXACT OPPOSITE of
         | everything he did and stood for.
         | 
         | He may ask the judge for a rebase.
        
           | SanjayMehta wrote:
           | The best liars believe their own lies. Having said that, it's
           | evident that SBF was very well connected and the "old boys
           | club" doesn't ask each other questions; "that would be rude,
           | you know." That's probably how he raised so much money in the
           | first place.
        
           | urthor wrote:
           | Says a lot about the software industry as a whole.
        
           | akavi wrote:
           | I've been at many startups during a fundraising round, and I
           | don't think I've ever seen or heard of an investor auditing
           | the codebase.
        
             | dieselgate wrote:
             | Neither have I but read some stuff about Tesla devs
             | checking out the Twitter codebase or something? It's
             | ridiculous but that's the only data point known to me
        
               | jfengel wrote:
               | That wasn't due diligence (which he'd waived) but a
               | census of what he'd bought after the fact. They weren't
               | validating the purchase, but helping him plan what to do
               | with it.
        
             | xwdv wrote:
             | I offer this as a service. Typically when there's a big
             | acquisition and an audit of the codebase is needed, I
             | gather up a group of developers each paid about $250/hr to
             | go through the codebase and conduct audits looking for any
             | red flags and giving an estimation of existing technical
             | debt.
        
               | 8note wrote:
               | This sounds both really painful and really fun.
               | 
               | Is there a line item for "this code feels like there's
               | something wrong, but I can't tell what" ?
        
               | grogenaut wrote:
               | When I did code dilligence, I just add it to a list of
               | possible risks... or areas we'd like deeper
               | investigation. Usually go back over it in follow up.
        
             | kasey_junk wrote:
             | I've been apart of many code audits as part of acquisitions
             | and fundraising rounds on both sides.
             | 
             | I don't know how prevalent it is but I've done it enough
             | times that I don't bat an eye when it comes up.
        
       | dboreham wrote:
       | Are they talking about EVM code? If so it's not "secret".
        
         | chrisco255 wrote:
         | No, FTX was run on self-hosted Python and SQL.
        
         | wmf wrote:
         | No, FTX was off chain.
        
       | supermatt wrote:
       | Can we stop calling him a "billionaire", or a "former
       | billionaire". Did he ever actually have a billion of his own
       | assets?
        
       | falcolas wrote:
       | > Bankman-Fried had directed subordinates to update the software
       | in mid-2020 to enable Alameda to maintain a negative balance on
       | its account, the SEC complaint said.
       | 
       | And thus do we have another piece of evidence for why morals and
       | ethics matter, even for software developers. I doubt they'll end
       | up with liability, but I do hope they at least recognize and
       | think about how their actions enabled this whole mess.
        
         | JumpCrisscross wrote:
         | > _doubt they 'll end up with liability_
         | 
         | They're each going to run up five, maybe six, figure legal
         | bills.
        
           | hn_throwaway_99 wrote:
           | My guess is you haven't hired a lawyer recently. All of the
           | top principals at FTX are looking at millions in legal fees.
        
           | rootusrootus wrote:
           | Last time I got educated on this subject (required class for
           | a CCW about 20 years ago) just getting arrested was predicted
           | to net you a five figure legal bill. Get indicted, now we're
           | six digits and climbing.
           | 
           | These guys are going to spend a good bit more than that.
        
         | neilv wrote:
         | > _I doubt they 'll end up with liability,_
         | 
         | When you should know it's criminal, "just following orders"
         | isn't a great defense.
         | 
         | > _but I do hope they at least recognize and think about how
         | their actions enabled this whole mess._
         | 
         | They should get lawyers. And be prepared to sing like canaries.
        
           | bb88 wrote:
           | > When you should know it's criminal, "just following orders"
           | isn't a great defense.
           | 
           | That's even true in the military if you're given illegal
           | orders. It's called the "duty to disobey".
           | 
           | It's not enough that employees "should" know what's illegal
           | and what's not in an exchange -- companies need to be held
           | criminally negligent for employing people who don't know.
        
             | archontes wrote:
             | Tell that to whistleblowers.
        
           | siegecraft wrote:
           | how would they know it's explicitly criminal though? i doubt
           | most devs have enough understanding of their business domain,
           | much less the regulatory frameworks to be able to confidently
           | refuse to implement something because it's illegal.
        
             | batmenace wrote:
             | At the very least they should be aware enough of potential
             | wrongdoing to raise questions, and do so in written form.
             | When you write exceptions that specifically only benefit
             | one party and no others, there is always a reason to at
             | least be suspicious.
        
               | cookingmyserver wrote:
               | What I'm struggling with is that what was done is not
               | illegal in its self. It's not necessarily suspicious in
               | itself (from the perspective of a single dev working on
               | tasks), unless you assume fraud. Of course we know fraud
               | occurred so we can look back on it and have our
               | perception of the request tainted.
               | 
               | If my boss came to me and said, "continue showing
               | customer funds sent to our "sister" investment company in
               | the staff dashboards" I wouldn't find that suspicious. I
               | would probably push back and say that might be confusing
               | unless we separate out that amount and rename the total
               | to something that denotes part of this value is with our
               | sister company. But I would assume design incompetence
               | and not fraud.
               | 
               | But then again if I was just one of a handful of devs
               | that worked with the company I would probably find it
               | suspicious, as I would confidently know that nowhere else
               | in the codebase do we support a close integration with
               | our sister investment company and should therefore know
               | we shouldn't treat them any differently.
               | 
               | Also the modification to exempt the investment company
               | from risk rules does seem suspicious, unless again you
               | believed there was an integration somewhere and believed
               | investment risk mitigation rules were handled on the
               | other platform or something.
        
             | meindnoch wrote:
             | ignorantia juris non excusat
        
               | tpankaj wrote:
               | My understanding is they would have to prove criminal
               | intent.
        
               | 8note wrote:
               | If there's a duty of care, negligence.
               | 
               | But that's why software "engineers" have quotes around
               | "engineer"
        
               | quickthrower2 wrote:
               | 3 lawyers for each coder then?
        
           | throwaway377456 wrote:
           | Even if it was clearly criminal, what is one to do in such
           | situation? Can you just quit the job and let it continue? Or
           | are you actually need to be the one to call the cops to be
           | legally safe at the expense of risking physical safety as
           | those behind the crime may retaliate?
        
         | tiahura wrote:
         | _I doubt they 'll end up with liability_
         | 
         | I doubt that. If they haven't been sued already, they will
         | tomorrow.
        
         | 3327 wrote:
        
         | hn_throwaway_99 wrote:
         | > I doubt they'll end up with liability, but I do hope they at
         | least recognize and think about how their actions enabled this
         | whole mess.
         | 
         | Singh is going to jail. He was an executive, not just a low-
         | level employee, and was a pre-collapse billionaire. I have no
         | doubt the evidence like this will show that he knew what he was
         | doing was willingly fraudulent. Madoff's programmers each got 2
         | 1/2 years.
        
         | ApolloFortyNine wrote:
         | >And thus do we have another piece of evidence for why morals
         | and ethics matter,
         | 
         | It sounds like there's plenty of other evidence, but allowing a
         | 'negative balance' hardly sounds like a smoking gun.
         | 
         | A negative balance is often how credit is displayed.
         | 
         | >Since Alameda didn't have the funds to meet these requests,
         | Bankman-Fried directed Alameda to tap its "line of credit" with
         | FTX to obtain billions of dollars in financing, the complaint
         | said
         | 
         | The article actually says as much. Now as Chief Engineer it's
         | possible he was aware it was a scam, but it's also possible he
         | was just told they have an arrangement with Alameda that allows
         | them to maintain a credit line.
        
       | hintymad wrote:
       | It's amazing how fast the internal details are leaking out. It's
       | very curious how Reuters could get hold of the source code and
       | quickly identified the most relevant code. It seems someone
       | inside FTX worked with Reuters.
        
         | chrisco255 wrote:
         | After the Chapter 11 filing, all assets of FTX were seized from
         | SBF and his former executive team was let go. John Ray, the
         | interim CEO, the one who testified in front of Congress today,
         | and his team are the likely source of the release.
        
       | eugeneagyeman wrote:
       | Programmers should have a moral and defensible right to object to
       | something that severely harms those who use their systems. Saying
       | he was just doing what he was told fails to account for the fact
       | that had he said no and flagged this as immoral, some customers
       | may have their cash... maybe. Worst comes to worst he is fired
       | but working at that level you'll find a job in 5 mins and have
       | sufficient capital to weather the storm. I'm a strong believer
       | that ethics and basic philosophy should be taught as part of a cs
       | curriculum. For precisely events like this.
        
       ___________________________________________________________________
       (page generated 2022-12-14 23:03 UTC)