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Witness Adam Yedidia answers questions during Sam Bankman-Fried fraud trial over the collapse of FTX, the bankrupt cryptocurrency exchange, at Federal Court in New York City, October 5, 2023, in this courtroom sketch.
Jane Rosenberg | Reuters
Two of Sam Bankman-Fried’s former friends from MIT, who also worked at crypto exchange FTX while living with the company’s founder in the Bahamas, took the stand in a Manhattan courtroom this week to testify against their former classmate, confidant, and boss — a man who allegedly ran a crypto empire that defrauded thousands of customers out of billions of dollars.
Gary Wang, the lesser-known co-founder of FTX, was asked by Assistant U.S. Attorney Nicolas Roos on Thursday, “Did you commit financial crimes while working at FTX?”
“Yes,” responded Wang. He said that his crimes, including wire and commodities fraud, were carried out with the help of Bankman-Fried, FTX ex-engineering head Nishad Singh and Caroline Ellison, who ran sister hedge fund Alameda Research and had been Bankman-Fried’s girlfriend.
“Mr. Wang, do you see any of the people you committed those crimes with in the courtroom today?” Roos continued.
Wang, dressed in an oversized and wrinkled suit with a red tie and glasses, awkwardly stood up and looked around the courtroom before responding, “Yes.”
“Who do you see?” asked Roos.
“Sam Bankman-Fried,” he said.
The trial, set to last six weeks, will resume on Tuesday with key testimony expected from Ellison, who is considered the prosecution’s star witness, having already pleaded guilty to multiple charges. Bankman-Fried faces seven federal charges, including wire fraud, securities fraud and money laundering, that could put him in prison for the rest of his life.
Thus far, Bankman-Fried, 31, has remained mostly quiet in court intently listening to witnesses and at times writing notes to his attorneys. But as Wang testified against him, Bankman-Fried looked visibly upset, shifting his gaze from his former friend to the ground, and at one point putting his head in his hands.
Sam Bankman-Fried listens as Assistant U.S. Attorney Nicolas Roos questions Gary Wang during Bankman-Fried’s fraud trial over the collapse of FTX, the bankrupt cryptocurrency exchange, at Federal Court in New York City, U.S., October 6, 2023, in this courtroom sketch.
Jane Rosenberg | Reuters
Wang, 30, was technology chief for FTX, which spiraled into bankruptcy in November. He spoke so fast that U.S. District Judge Lewis Kaplan and the prosecutor both stopped him at points to ask that he slow his pace.
Much of Wang’s testimony on Friday focused on the final days at FTX before the entire operation imploded, including reports in the media detailing Alameda’s business practices and its troubling ties to FTX.
Wang said that in response to the reporting an emergency meeting was called between Bankman-Fried, Wang and Singh, to discuss shutting down Alameda. He said they ultimately decided against such a move, because he and Bankman-Fried were aware that Alameda had no way to repay the roughly $14 billion hole in its books.
Prosecutors took the jury through a series of tweets, beginning on Nov. 7. Posts came from the company blaming bank hours for slow withdrawals, while Bankman-Fried tweeted from his personal account, assuring customers that all was fine.
“FTX was not fine and assets were not fine,” Wang testified.
On Nov. 12, after FTX declared bankruptcy, Bankman-Fried asked Wang to drive with him to the Bahamas Securities Commission for a meeting. On the drive, Bankman-Fried told Wang to transfer assets to Bahamian liquidators because he believed they would allow him to maintain control of the company. Wang said he wasn’t in the meeting with the securities authority, though Bankman-Fried’s dad was present.
Wang said he returned to the U.S. and met with prosecutors the next day. He faces up to 50 years in prison when he faces a judge for sentencing following this trial. He told jurors he signed a six-page cooperation agreement that requires him to meet with prosecutors, answer their questions truthfully and turn over evidence.
Sam Bankman-Fried, the founder of bankrupt cryptocurrency exchange FTX, is seen during a hearing as a U.S judge revoked his bail, at a courthouse in New York, U.S., August 11, 2023 in this courtroom sketch.
Jane Rosenberg | Reuters
For months, Bankman-Fried has known that Wang and Ellison, who were integral members of his personal and professional inner circles, had turned on him. Both pleaded guilty in December and have since been cooperating with the U.S. attorney’s office in Manhattan.
Wang’s testimony, which stretched into Friday, was given under a cooperation agreement with the government. Ellison is expected to take the stand under a similar arrangement.
U.S. District Judge Lewis Kaplan presides as Gary Wang testifies during the fraud trial of Sam Bankman-Fried over the collapse of FTX, the bankrupt cryptocurrency exchange, at Federal Court in New York City, U.S., October 6, 2023 in this courtroom sketch.
Jane Rosenberg | Reuters
Born in China, Wang moved to the U.S. at age 7, and grew up in Minnesota before going to the Massachusetts Institute of Technology to study math and computer science. He worked at Google after college.
Wang, who first met Bankman-Fried during high school at a summer camp, owned 10% of Alameda, while his boss owned the other 90%. Wang told the court about the advantages that Alameda received by having code baked into FTX’s software that allowed special access to the crypto exchange. Those privileges ultimately resulted in Alameda owing FTX $8 billion worth of customer deposits.
“We gave special privileges on FTX that gave unlimited withdrawals on the platform to Alameda,” Wang said. Alameda was allowed to withdraw and transfer those funds and had a $65 billion line of credit.
“When customers deposited USD, it went to Alameda,” he said. “It existed in the computer code. Alameda could have negative balances and unlimited withdrawals.”
That “bug” in the code was written by Nishad Singh, who was FTX’s director of engineering, and reviewed by Wang. Bankman-Fried was calling the shots, Wang said.
Wang also told the court about a $1 million personal loan he received and a $200 million to $300 million loan in his name from Alameda that was never deposited into his account, but rather was used to make investments into other companies on behalf of FTX. That was all done by Bankman-Fried, he testified.
In early 2020, Wang said he discovered for the first time Alameda’s negative balance exceeded FTX’s revenue, an indication that Alameda was taking customer funds. Wang said he brought this to Bankman-Fried’s attention several times.
In late 2021, Wang discovered Alameda had withdrawn $3 billion from its $65 billion line of credit.
Wang’s compensation was a base salary of $200,000 per year plus stock. He owned roughly 17% of FTX.
Even though they were co-founders, “ultimately it was Sam’s decision to make” when there were disagreements, he said.
Assistant United States Attorney Nicolas Roos questions Gary Wang during Sam Bankman-Fried’s fraud trial over the collapse of FTX, the bankrupt cryptocurrency exchange, at Federal Court in New York City, U.S., October 6, 2023, in this courtroom sketch.
Jane Rosenberg | Reuters
Adam Yedidia, who was the prosecution’s second witness on Wednesday, continued his testimony on Thursday. Yedidia met Bankman-Fried in college at MIT, and the pair remained close friends.
Yedidia, assuming a robotic posture on the stand, worked out of FTX’s Hong Kong office from January to October of 2021 and then in the Bahamas until last year’s collapse. In his testimony, he referred to a group Signal thread called “People of the House,” referring to Bankman-Fried’s $35 million penthouse, where many employees lived.
Exhibit from the prosecution shows Signal thread called “People of the House,” referring to Bankman-Fried’s $35 million penthouse, where many employees lived.
Source: SDNY
In terms of who was paying the rent, Yedidia recalled Bankman-Fried saying he “assumed it’s just Alameda paying for it in the end.”
Yedidia said Bankman-Fried had told him, before he began working in the Bahamas in 2019, that he and Ellison had sex. Bankman-Fried asked Yedidia if it was a good idea for them to date, to which Yedidia said no. Bankman-Fried responded by saying he was expecting that answer.
One of Yedidia’s responsibilities was fixing the bug in the code that gave Alameda preferential treatment. In June 2022, he submitted a report to Bankman-Fried on Signal that showed $8 billion in customer money held in an internal database tracking the cash wired to an Alameda account called “fiat at ftx.com” was missing.
Yedidia said he and Bankman-Fried spoke about it at the pickleball court at the resort in Nassau, Bahamas. He asked his boss if things were OK. He was concerned because it “seemed like a lot of money” from FTX customers was at risk.
“Sam said, we were bulletproof last year. We aren’t bulletproof this year,” Yedidia testified.
Yedidia said he asked when they would be bulletproof again.
Bankman-Fried said he wasn’t sure, but it may be six months to three years. Yedidia said Bankman-Fried appeared “worried or nervous,” which he said was atypical. Still, Yedidia said he trusted Bankman-Fried and Ellison to “handle the situation.”
On cross-examination, Christian Everdell, Bankman-Fried’s attorney, focused on how Yedidia was the one responsible for developing and reviewing the code.
He asked about the long hours employees worked and Yedidia’s concern for Wang being near burnout. That resulted in Yedidia instituting a rule to not wake Wang at night for bug fixes because he needed sleep.
Everdell also drilled Yedidia on his high level of compensation in his less than two years at FTX. His base salary was between $175,000 and $200,000, but he received multiple bonuses of more than $12 million in cash and company equity.
Yedidia said he’s now teaching math — geometry and algebra — at a high school. He invested most of the millions he earned as bonuses back into FTX, and his equity stake is now worthless.
As FTX was failing, Yedidia said he was by Bankman-Fried’s side. He highlighted a Signal exchange in November 2022, during which he wrote, “I love you Sam. I’m not going anywhere.” He said he wrote the message because so many people had left.
When asked what changed, Yedidia said he learned that FTX customer deposits had been used to pay loans to creditors. He said Alameda’s actions seemed “flagrantly wrong.”
Yedidia’s testimony ended on a fiery note, which was later struck from the record. He was asked why he had lost faith in FTX and resigned.
“FTX defrauded all its customers,” he said.
Matt Huang, co-founder of Paradigm Operations LP, right, arrives at court in New York, US, on Thursday, Oct. 5, 2023. Former FTX Co-Founder Sam Bankman-Fried is charged with seven counts of fraud and money laundering following the collapse of his cryptocurrency empire last year. Photographer: Yuki Iwamura/Bloomberg via Getty Images
Yuki Iwamura | Bloomberg | Getty Images
The third witness to take the stand was Matt Huang, co-founder and managing partner of Paradigm, a crypto venture capital firm that invested over $275 million in FTX. That stake was wiped out.
Huang testified about his firm’s due diligence on FTX, and he told the court that Bankman-Fried assured him that funds would be used for FTX and not Alameda. Additionally, he was promised that Alameda had no preferential treatment on the FTX platform, even though the hedge fund was one of its top traders.
Huang said he was concerned about FTX’s lack of a board of directors, but he eventually invested anyway. During cross-examination, Huang said Paradigm pressed Bankman-Fried on the board issue and was told he didn’t want investors as directors but he did plan on having a board with experts.
— CNBC’s Dawn Giel contributed to this report.
Warren Buffett wrote to Leon Cooperman about stock buybacks, taxing the rich, and Henry Singleton.
When Cooperman was mulling a presidential run, Buffett joked he could “deliver Nebraska” for him.
Cooperman shared a trio of messages he received from Buffett in his newly published memoir.
Warren Buffett wrote to Leon Cooperman about subjects ranging from Henry Singleton and Teledyne to stock buybacks, income taxes, and Cooperman’s potential presidential bid.
Cooperman, the former CEO of Goldman Sachs’ asset management division, shared three missives from Buffett in his newly published memoir: “From the Bronx to Wall Street: My Fifty Years in Finance and Philanthropy.”
Here are the three messages and the context around them:
Cooperman, who converted his Omega Advisors hedge fund into a family office in 2018, penned an open letter to the editor of Business Week in 1982. He was annoyed by the magazine’s critical profile of Henry Singleton, the cofounder and CEO of Teledyne.
In his letter, the billionaire investor trumpeted Singleton’s skill at growing his conglomerate through acquisitions, and driving performance at Teledyne’s subsidiaries. Cooperman also praised the industrialist for buying back stock at attractive prices, investing the spare cash from Teledyne’s insurance business into stocks, and building the company’s cash reserves.
Buffett wrote him a note after reading the letter, which Cooperman still keeps framed in his office:
Dear Lee,
I always enjoy both the quality of your writing and the quality of your thinking. Your letter to Business Week regarding Teledyne was 100% on the mark.
Best regards,
Warren
Cooperman praised Singleton again at a value-investing event in 2007. He pointed to the Teledyne chief as an example of an executive who conducted buybacks the correct way, as he only repurchased shares at a discount to their intrinsic value.
Buffett wrote to Cooperman after his speech to express his agreement:
Henry was a manager that all investors, CEOs, would be CEOs, and MBA students should study. In the end he was 100% rational and there are very few CEOs about whom I can make that statement. The stock repurchase situation is fascinating to me. That’s because the answer is so simple. You do it when you are buying dollar bills at a clear cut and significant discount and only then.
As a general observation I would say that most companies that repurchased shares thirty years ago were doing it for the right reasons and most companies doing it now are wrong when doing so. Time after time I see managers who are attempting to be ‘fashionable’ or, perhaps subconsciously, hoping to support their stock.
Loews is a great example of a company that has always repurchased shares for the right reason. I could give examples of the reverse, but I try to follow the dictum ‘praise by name, criticize by category.’
Best regards,
Warren
Cooperman briefly mulled a presidential run in 2011. He drew up a nine-point platform that included pulling American troops out of Iraq and Afghanistan, rebuilding US infrastructure, deregulating the domestic energy industry, and reining in government spending.
The veteran investor also took aim at people earning over $500,000 a year, proposing they should face a 10% income surcharge for three years. Cooperman sent his plan to Buffett, and directly asked the Berkshire chief what he thought the maximum tax rate on the highest-earning people in the US should be.
Buffett voiced his support for both Cooperman 2012 and a minimum tax in his reply:
Dear Lee:
If you run for president, I can deliver Nebraska. Just let me know when to gear up.
There are two possible approaches to increasing the rates on those having taxable $1 million or more with a second step-up at $10 million. One would be to increase the rate at $1 million by five points and at $10 million at ten points.
Another approach would certainly be to have a minimum tax (counting both income tax and payroll taxes paid by or on behalf of the taxpayer) of, say, 30% at $1 million and, say, 35% at $10 million. The latter tax would hit me much harder and I lean toward it. Just changing the marginal rate would hardly hit me at all.
Let me know your thoughts. Whatever they are, you’ve still got my vote.
Warren
Read the original article on Business Insider