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Caroline Ellison Sentenced To Two Years In Jail For Role In FTX Fraud, Must Forfeit $11 Billion (theverge.com) 71

Caroline Ellison, the former CEO of Alameda Research, must serve 24 months in prison and forfeit $11 billion. "I've seen a lot of cooperators in 30 years. I've never seen one quite like Ms. Ellison," said Judge Lewis Kaplan during the sentencing hearing today. The Verge reports: Ellison pleaded guilty to two counts of wire fraud and five conspiracy counts in December 2022 as part of a cooperation agreement with the government. Prosecutors had recommended a lenient sentence because of Ellison's "extraordinary" and "very timely" cooperation. Her own lawyers asked for no jail time, as did the federal Probation Department.

Ellison was the key witness at the trial of FTX cofounder Sam Bankman-Fried, where she testified for three days. A statement submitted by the prosecution before Ellison's sentencing said the speed at which she came clean made it possible to indict her ex-boyfriend Bankman-Fried quickly, "ensuring that he did not flee the Bahamas or further obstruct the government's investigation." The document also noted that Ellison was completely and immediately forthcoming in her meetings with the government.

Ellison was also prompt in assisting John J. Ray, the new CEO charged with cleaning up the FTX mess, in locating and recovering customer assets, according to a statement written by Ray submitted by the defense. Her "early cooperation" was "valuable" in recovering debtors' assets, he wrote. Ellison is working on a deal where she will turn over "substantially all of her remaining assets after satisfying her forfeiture obligations" to the FTX debtors.

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Caroline Ellison Sentenced To Two Years In Jail For Role In FTX Fraud, Must Forfeit $11 Billion

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  • "forfeit $11 bn"? (Score:2, Insightful)

    by argStyopa ( 232550 )

    ...sounds like she gets to keep a decent amount.
    On these giant grift games, the fines need to be "all but $x" where it's everything they own or will own, aside from enough to keep them of the poverty rolls.

    • by Midnight_Falcon ( 2432802 ) on Tuesday September 24, 2024 @05:52PM (#64814571)
      Apparently she never touched the money and is giving up the entire amount she made as a result of FTX/Alameda. If the money or a large amount was missing and not recovered before sentencing, that likely would've landed her a longer sentence.
    • Even if the 11B figure represents every dollar she originally scammed, she might have made a staggering amount in investments in the mean time.

      • by mysidia ( 191772 )

        she might have made a staggering amount in investments in the mean time.

        Which courts don't care about for some reason. They never or hardly ever take lost or gained business opportunities into account.

        If someone steals $1 billion from you and you sue them, Then most likely the most you can ever be awarded is the $1 Billion.

        The courts will Not award you for your "lost gains" or "lost returns" that could have been expected from investing the $1 billion over all that time you had been deprived of it. I

        • by dknj ( 441802 )

          If they can award you lost gains or lost returns, then couldn't that very same government branch say your unrealized gains can be taxed? Slippery slope. Second, how do you know the original owner would have made interest on that money? Wallstreetbets has shown that a majority of people cannot make money when they invest. Can't give awards to hypothetical situations.

          "I would have made 100% gains on my $1 billion, therefore you own me $2 billion!" -Someone from clown world

          • by dknj ( 441802 )

            All of this is moot because most courts will accept judgement requets with interest from they day the money is owed but no higher than the prime interest rate. So if the interest rate is at 0%, don't expect the courts to give you any extra in recourse

          • It's not a slippery slope to unrealized gains. The issue is if someone steals $1B and looses $100m, you can only recover $900m. But if someone steals $1B and makes $100m (over the the year before you are caught.), you can only recover $1B. The $100m isn't unrealized gains. It's real money the thief keeps. 2 years white collar jail for $100m.
    • > Ellison is working on a deal where she will turn over "substantially all of her remaining assets after satisfying her forfeiture obligations" to the FTX debtors

      Did you read past the headline?

  • We watched this all happen and so few questioned the shenanigans, just shrugged and waited for their check.

    • by dcooper_db9 ( 1044858 ) on Tuesday September 24, 2024 @08:34PM (#64814965)
      You say that like it's not still going on. Only the federal government has the authority to issue currency in the US, but we let cryptocurrency operate freely.
      • by crtreece ( 59298 )
        Per the Constitution, currency is also supposed to be backed by, and redeemable for gold or silver; as well as being managed by the Treasury Dept., not the Federal Reserve. The founders appeared to understand that fiat money would eventually become a hidden tax that would allow the government to have unchecked spending power and tried to keep that from happening.

        Somehow that was overruled by a law, not an amendment

        Crypto many or may not even be considered "currency", depending on how you want to define

        • First issue:The Constitution does not say that money has to be backed by gold or silver. It only says that "No State shall... make any Thing but gold and silver Coin a Tender in Payment of Debts".

          Second issue: The Constitution does explicitly state that the power to coin money belongs to the Congress. The Federal Reserve was established by Congress through the Federal Reserve Act of 1913. The constitutional issue is that private banks are allowed to elect some board members to the regional Federal Rese

      • by cusco ( 717999 )

        Not at all, the Federal government just happens to be the only one doing it at this time. Formerly banks frequently issued their own currency, and private currency was one of the main things that kept workers tied to the "company store". The practice pretty much ended during the Depression, since no one would trust a bank to be able to honor its own currency any longer, but still communities and even malls frequently issue their own currencies to encourage patronage of local businesses.

  • by mbkennel ( 97636 ) on Tuesday September 24, 2024 @06:06PM (#64814621)

    don't break up with the girlfriend who you felony crimed with

    • by Tablizer ( 95088 )

      But the chance of one causing the other is pretty high.

    • You're right, he was no mastermind. He was just another dumb thief, who happened to find a very *large* treasure trove to steal, and took advantage of the situation. That doesn't make him smart, it just made him (temporarily) very lucky.

  • Full quote (Score:5, Informative)

    by phantomfive ( 622387 ) on Tuesday September 24, 2024 @06:57PM (#64814763) Journal
    Here is what the judge saw that made her different:

    The judge says that he can’t remember a time when Ellison was even slightly inconsistent during her testimony. “I’ve seen a lot of cooperators in 30 years. I’ve never seen one quite like Ms. Ellison,” the judge said.

    She was caught in no inconsistencies in her testimony, which was “very incriminating of herself and she pulled no punches about it.”

    • by Anonymous Coward

      She was caught in no inconsistencies in her testimony, which was “very incriminating of herself and she pulled no punches about it.”

      She knew the scam pissed off the rich and powerful, and she valued her life more than her money. She doesn't want to end up dead in some "accident" or in prison.

      • SBF didn't seem to realize it.
        • Sam Bankster Fraud and P Diddy are sharing the same cell [nytimes.com] at the Metropolitan Detention Center in Brooklyn.

          Sean Combs is living in the same unit of a Brooklyn jail as Sam Bankman-Fried, the crypto mogul convicted of fraud, sleeping in a dormitory-style room with a group of other defendants assigned to the same section, according to a person familiar with the living arrangements.

          • I don't want to say you don't talk about fight club, but you don't talk about fight club.
    • by Sark666 ( 756464 )

      the judge also said:

      "The judge said the FTX case is probably the greatest financial fraud perpetrated in the history of the U.S., and because of that a “literal get-out-of-jail-free card I can’t agree to,” Kaplan said in U.S. District Court in Manhattan, where Ellison’s parents and two sisters looked on from the courtroom’s gallery"

      Even with full compliance her getting two years is a laughable joke.

      • I haven't followed the case closely enough to have a strong opinion on who deserves what. However I see no reason to disagree with the judge here.
      • Even with full compliance her getting two years is a laughable joke.

        The prosecutors disagree with you. They asked for leniency. Given the nature of their job and the sort of people normally found in that role, that says a lot about Ellison's behavior.

  • Forfeit would seem to indicate she has that sort of money about.

  • by linuxguy ( 98493 ) on Tuesday September 24, 2024 @08:26PM (#64814957) Homepage

    Ellison committed crimes. Yes. But she is quite different from your ordinary criminal. She felt quite guilty about the whole thing as it was going on. And she owned up to all of it when asked. No excuses. No blaming others for her misdeeds. And returned all of the money. She stuck me as an odd one from her early interviews when FTX blew up.

    Only if more of our criminals were like her.

    • I volunteer in an inner city neighborhood in Houston. In that role, I encounter many people who have been in jail, mostly for just reasons. Most of them have NO intention of going back to their life of crime, and are actively trying to help others avoid their own fate.

      This type of criminal, the kind that truly change their ways, is more common than you might think.

  • by hoofie ( 201045 )

    What I didn't realise is that after liquidation, sale of assets etc all of the shortfall was 100% covered with very large sums of money left over. There was indeed a "dragons hoard" of money. Liquidation realised $16 billion in assets with $12billion in cash. No-one lost money although some people were very upset that they were not paid more due to increases in crypto value.

    I do not deny or disagree with the outcome of her trail and her sentence but Sam's 25 year sentence when you look at it from the financ

    • It sounds like you're saying it's ok to siphon off customer funds as long as the underlying assets are in a bull market.
    • Indeed the real crime was committed by those sent to 'clean up' the mess left by SBF, a massive rally in the assets owned by the defrauded customers was withheld, so those customers were effectively defrauded twice.
    • The depositors are getting "paid back" based on the historic dollar value of their accounts because:
      a) the underlying deposits appreciated on the meantime; and
      b) the company has such poor accounting practices they had no idea how much they had.

      Part a) still seems incorrect to me since they were custodial accounts. If you deposited 1000 shares of XYZ stock in a custodial account you are not whole until you get 1000 shares back.

      Part b) is just additional evidence that the enterprise was all a gigantic fraud.

    • Customers may have not lost in *dollar terms*, but if their holdings were in BTC, they still lost.

      If I were to buy euros and hold them in an account, and the holding company goes bust, I'd expect my euros back, not the dollar equivalent value at the time I bought the euros. The euros were my money... that's why I held them.

    • by cusco ( 717999 )

      The only reason that investors were able to be made whole is because of the increase in crypto value, a frack of a lot of money disappeared and they would have been out a shitload if it had been a normal enterprise.

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