[HN Gopher] Sam Bankman-Fried fails to dismiss criminal charges ...
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Sam Bankman-Fried fails to dismiss criminal charges related to FTX
Author : Anon84
Score : 49 points
Date : 2023-06-27 21:01 UTC (1 hours ago)
(HTM) web link (www.ft.com)
(TXT) w3m dump (www.ft.com)
| mdotk wrote:
| [flagged]
| vkou wrote:
| The judge's reasoning brings up an interesting fact about
| extradition.
|
| 1. SBF _agreed_ (voluntarily!) to be extradited from the Bahamas
| to face ~X charges in the US.
|
| 2. After being extradited, he was charged with X + Y charges.
|
| 3. He claims that international extradition agreements make this
| illegal.
|
| 4. The judge ruled that, <citing precedent>, international
| extradition agreements allow the _Bahamas_ to raise a complaint
| about this - but does not allow SBF to do so [1].
|
| 5. US prosecutors have expressed that they are willing to drop
| the Y charges if the Bahamas raises a complaint in a timely
| fashion.
|
| 6. The Bahamas are incredibly unlikely to raise a complaint on
| this point.
|
| tl;dr - Expensive lawyers can _force_ government prosecutors to
| dot all their is and cross their ts, but if they have you dead to
| rights, you 're still screwed. SBF seems really, really screwed.
|
| [1] These parts of extradition treaties are generally very
| explicitly about the rights of _countries_ , not the rights of
| _individuals_.
| AceJohnny2 wrote:
| Not being sympathetic to SBF here, but that's quite the legal
| _gotcha_.
|
| No wonder people don't trust the law/lawyers.
| dreamcompiler wrote:
| > SBF seems really, really screwed.
|
| It still astonishes me how deluded he was by his own reality
| distortion field. He continued to incriminate himself
| _repeatedly_ after it was clear to everybody else that he
| needed to stop digging the hole he was in.
|
| Just breathtaking levels of PR and legal naivete.
| golergka wrote:
| Yet one another person with 130 IQ who thinks he's 150 IQ.
| YawningAngel wrote:
| I'm not even sure he's above average, it seems to me like
| he could have closed down Alameda, hired some compliance
| professionals to bring FTX into compliance with the law,
| and been a) a billionaire and b) not in jail for his
| trouble. He seems to be really pretty thick
| coldtea wrote:
| Of course. Those with good levels of PR, legal advice, and
| friends in power, can do worse and get a slap on the wrist.
| babyshake wrote:
| > 1. SBF agreed to be extradited from the Bahamas to face ~X
| charges in the US.
|
| Would it be more accurate to say that the Bahamas agreed to
| extradite SBF? If not, then it doesn't make sense why the
| Bahamas would need to complain about the additional charges
| instead of SBF if they weren't involved in the agreement.
|
| Although FWIW SBF is the last person who should be complaining
| about having the rug pulled from under them.
| LatteLazy wrote:
| Not op but...
|
| He agreed to be extradited voluntarily.
|
| https://www.cnn.com/2022/12/19/business/sbf-extradition-
| baha...
| danielfoster wrote:
| SBF agreed to waive his right to fight extradition from the
| Bahamas in Bahamian court. This let the Bahamas make an
| agreement to extradite him.
| Anon84 wrote:
| https://archive.md/BtHKc
| EA-3167 wrote:
| A good lawyer always tries, but with SBF as a client you need a
| miracle worker, not an attorney.
| [deleted]
| NovaDudely wrote:
| My partner was once one jury duty, said it was the most boring
| case ever because both sides basically agreed. The client was
| bonkers and they just needed to determine the punishment. When
| the folks you hire to defend you realise it is a situation
| worse than Sisyphus, you are going to do time.
| tnecniv wrote:
| This is a fairly common scenario for defense attorneys.
|
| I needed a lawyer for a misdemeanor charge (cop was having a
| bad day, the other cops that arrived on the scene seemed like
| they would have let me off with a warning but it was not
| their call). I was certainly guilty by the letter of the law
| and had no defense but the lawyer I was referred to from a
| friend of a friend negotiated with the prosecution and I
| plead guilty to a civil ordinance violation for disturbing
| the peace (basically a traffic ticket). He was able to do
| that because he knew what to bargain for based off of similar
| cases in my state.
|
| However, if it doesn't get worked out pre-trial, that
| negotiation process still happens in the court room. When I
| met my lawyer, he mentioned a recent case he handled where
| the defendant had committed murder. There was no question
| that he did it, but the lawyer was proud that he was able to
| convince the court that his defendant was not of sound mind,
| which was the difference between going untreated and spending
| twenty-to-life in a state prison or spending that time
| getting treatment in a mental ward. While the latter isn't
| exactly a cushy place to be, it is certainly better than
| being mentally unstable in gen pop.
| yodsanklai wrote:
| > they just needed to determine the punishment
|
| Well, this is a pretty big. You don't want to serve more time
| than what is required, this is why we have lawyers.
| HWR_14 wrote:
| If the case was "is this person insane", it's not basically
| agreeing at all.
| LatteLazy wrote:
| With him you need payment in advance...
| sidewndr46 wrote:
| I think I could bend time and space before I could get charges
| against SBF dismissed.
| sebzim4500 wrote:
| Honestly a presidential pardon is the only hope at this
| point. He's donated to democrats so there is precedent[1].
|
| [1] https://en.wikipedia.org/wiki/Marc_Rich
| paulpauper wrote:
| zero hope of pardon here. it's not like one can argue that
| his likely sentence is too punitive relative to the crime
| or not cut and dry.
| AlotOfReading wrote:
| Pardons are up to the individual president and Biden is
| notoriously stingy with them. He's only granted 6 out of
| thousands of petitions, mostly for drug charges. For
| context, Trump granted 237, many for securities fraud and
| related crimes. Obama granted 212 pardons for all sorts of
| things, but generally preferred commutations (>1700).
| julianz wrote:
| Non-paywalled version from Reuters:
| https://www.reuters.com/legal/bankman-fried-loses-bid-toss-c...
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(page generated 2023-06-27 23:01 UTC)