[HN Gopher] Why hasn't Sam Bankman-Fried been arrested yet?
       ___________________________________________________________________
        
       Why hasn't Sam Bankman-Fried been arrested yet?
        
       Author : jasonhansel
       Score  : 286 points
       Date   : 2022-12-02 19:07 UTC (3 hours ago)
        
 (HTM) web link (nymag.com)
 (TXT) w3m dump (nymag.com)
        
       | jmyeet wrote:
       | The real world doesn't work like Law and Order. There will be an
       | investigation before a grand jury. Evidence will be collected and
       | a case built. Evidence and witnesses will be subpoenaed.
       | 
       | At the end of that will come a criminal indictment (unless the
       | grand jury declined to issue an indictment, which is rare).
       | 
       | At that point the investigation is over. You don't indict then
       | build a case. Federal prosecutions don't work that way.
       | 
       | This is a complicated case because it involves a lot of money, a
       | tenuous paper trail, lots of communications and several
       | jurisdictions. SBF may need to be extradited and whatever court
       | hears that case will need a strong case. A failure to extradite
       | Matt effectively kill the whole case.
       | 
       | This fraud is so egregious that the US government won't let this
       | stand. Stealing customer assets is as open and shut as a case
       | gets.
        
       | bombcar wrote:
       | https://news.ycombinator.com/item?id=33835220
       | 
       | Because Madoff's lawyer says he should shut up, and he isn't, so
       | why not play out some line and let the fish set his own hook?
       | Arresting him would just make him clam up.
        
       | speby wrote:
       | Short answer is, like anything in these cases, it has
       | complications and an investigation unit is needed first in order
       | to collect data and evidence, assess which, if any, laws were
       | broken and file an appropriate warrant for arrest. Until that
       | process happens, "innocent until proven guilty" applies here.
       | Emphasis on the "proven" part as that is how our justice system
       | is intended to be. Which also means "not fast"
        
       | ChrisMarshallNY wrote:
       | I strongly suspect it was because he didn't embarrass any
       | _really_ rich people.
       | 
       | Madoff (and Holmes) embarrassed (worse than ripping off) some
       | very influential people. Jeffrey Epstein could have _really_ done
       | it, but he 's boating with Charon, right now...
        
         | PM_me_your_math wrote:
         | Holmes embarrassed the Patron Saint of Chaos. Prison is getting
         | off light.
        
       | insane_dreamer wrote:
       | Article provides a pretty comprehensive reply to that question.
       | Can't wait to see SBF in jail, but it will take time.
        
       | lamontcg wrote:
       | He stole enough money to be considered respectable.
        
       | tedunangst wrote:
       | Are there any long bets sites where I can place a bet on SBF
       | being arrested within two years?
        
         | creaghpatr wrote:
         | Should be a question for Good Judgement Open, would be
         | interested to see what superforecasters predict.
        
       | hsbauauvhabzb wrote:
       | I've always imagined that piss enough people off like SBF did
       | would increase your chances of accidentally falling down the
       | stairs, or for it to happen to those around you (pay us first or
       | we start on your loved ones).
       | 
       | To be clear, I don't wish death on SBF, but presumably at least
       | some of the people with money are dangerous. The case of Melissa
       | caddick in aus (stole 40m, disappeared, only her foot was found)
       | seems similar, but currently there's no evidence of foul play.
        
       | exabrial wrote:
       | Because we're a nation of laws, not a nation of knee jerk
       | reactions and reactionary justice.
       | 
       | This a dumb question to ask.
        
       | throwaway5959 wrote:
       | Wild how if you're caught selling weed you're immediately
       | arrested but if you're caught stealing billions of dollars you
       | get to give interviews from the beach.
        
       | ppeetteerr wrote:
       | I hear a lot of people in the crypto sphere talk about regulation
       | being a bad thing. The reality is that most regulation aims at
       | financial institutions such as these while also protecting the
       | consumer.
       | 
       | Will additional regulation have a negative effect on the value of
       | crypto? It's likely. However, the tech itself will continue to
       | provide value to those who use it to circumvent the banking
       | system. For instance, you can still exchange coins and store them
       | in cold, personal wallets.
       | 
       | The fallout of this collapse will be significant and I hope what
       | emerges thereafter will be a more sensible approach to crypto and
       | more stable value.
        
         | DennisP wrote:
         | I think what a lot of crypto people want to avoid is misguided
         | regulation on decentralized protocols. But regulation that
         | makes it less likely that central exchanges will rug you? I
         | don't think many people mind that much.
         | 
         | SBF himself was lobbying for regulations that many people
         | claimed would have outlawed defi in the US, pushing people to
         | use outfits like FTX instead. People certainly do object to
         | that.
        
           | ppeetteerr wrote:
           | Everyone wants to avoid misguided regulation. I don't think
           | that's unique to crypto. What I hear is more of a blanket
           | statement that regulation of any sort is bad, which feels
           | naive and misguided on the part of the consumer.
        
       | _cs2017_ wrote:
       | Could you ELI5: what US federal crime(s) can one reasonably
       | suspect SBF of having committed?
       | 
       | Also, how likely is it that he will never be convicted of
       | violating US federal laws? (For any of the numerous possible
       | reasons: he never did anything wrong, or it's too hard to prove,
       | or US lacks jurisdiction, or due to political connections, or
       | prosecutors don't prioritize this type of cases, etc.)
        
         | stefan_ wrote:
         | Wire fraud, as always.
        
       | [deleted]
        
       | scrubs wrote:
       | Complexity is an enabling friend for criminals and the
       | incompetent. And lobbyists. The executive branch has got work
       | with the legislative branch to eliminate ways to draw out
       | prosecution to play for time.
       | 
       | Second, consider this comment filed in the original article:
       | 
       | "He hasn't been prosecuted yet because he was a major contributor
       | to the democrat party."
       | 
       | Another comment made reference to his alleged Jewish heritage.
       | 
       | Beyond this unwarranted untrue generalization, there's an
       | interesting underlying emotional component to the hypercritical
       | hyper divide in many big stories like this: self created, self
       | imagined victimization. When we contextualize the world this way
       | we see ourselves as victims from which we manufacture moral
       | outrage, virtue signaling, and even a kind of perverse machismo
       | that one had the courage to call out the truth eg he's a
       | democratic funder and the rules don't apply to him ...but they do
       | to us the hardworking guys trying to do the right thing.
       | 
       | Folks, it's a dead end. The linked article I think is much more
       | helpful and insightful.
        
         | fear_and_coffee wrote:
        
       | danso wrote:
       | Putting aside the circumstances specific to SBF/FTX (being in the
       | Bahamas, involving crypto, SBF's political connections, etc),
       | there's not much reason to expect that SBF should have been
       | arrested 5-6 weeks after FTX's collapse:
       | 
       | - Enron blew up in Dec. 2001. It wasn't until mid-July 2004 that
       | Jeffrey Skilling and Kenneth Lay were finally arrested.
       | 
       | - The WSJ expose on Theranos was in 2015, Holmes wasn't indicted
       | until 2018.
       | 
       | - Martin Shkreli's MSBM collapsed by 2012; he wasn't indicted
       | until 2015.
       | 
       | Bernie Madoff is a notable exception: he was arrested 3 days
       | after his Ponzi was revealed. But it's not comparable at all to
       | SBF's situation: Madoff was arrested after he _confessed
       | privately_ to his own family; his sons immediately went to the
       | police.
       | 
       | Whether SBF is getting exceptionally soft treatment will be
       | easier to discern in retrospect, but it might be many months or
       | even years before he's indicted.
        
         | [deleted]
        
         | jackmott wrote:
        
         | jasonhansel wrote:
         | This is basically what the OP is saying: it's not something
         | specific to SBF or related to his political connections, but a
         | more general issue in prosecuting white-collar crimes.
        
           | dmix wrote:
           | OP is saying it's a natural side effect of this sort of
           | complicated crime, it's not just an issue with _how_ it 's
           | prosecuted.
           | 
           | Although rerouting the massive amounts of money + human
           | capital in non-violent crimes (drugs) to white collar would
           | help... and probably pay for itself in recovered money (via
           | tax revenue and reduced government corruption).
           | 
           | That probably still wouldn't result in SBF-type criminals
           | being arrested right away though.
        
             | ouid wrote:
             | it was all intentionally routed away after 9/11 under the
             | guise of improving homeland security.
        
               | dmix wrote:
               | Reminds me of that old Immortal Technique clip:
               | https://www.youtube.com/watch?v=4gGLI9ifEzw
        
             | jasonhansel wrote:
             | I also think it's a problem of underinvestment. The NYC
             | police department alone has 5 times the budget of the SEC.
             | That seems disproportionate. If we spent more money on
             | enforcement and hired more investigators, I suspect these
             | investigations would be able to proceed much faster.
        
               | enahs-sf wrote:
               | Worth noting the SEC is a civil regulatory agency, not a
               | criminal one.
        
         | UweSchmidt wrote:
         | It would be nice if things could go a little faster. 3 years
         | are a significant percentage of the average remaining life of
         | an adult. The onus should be on the legal system to hurry up a
         | little and streamline the process; these 3 years are quite
         | unpleasant if you are accused of a crime, and have to wait and
         | prepare for a trial, no? If you are guilty the time should be
         | counted as served sentence (maybe at 50%), the innocent should
         | be compensated for unreasonable extra waiting time.
        
           | shortstuffsushi wrote:
           | It would be great if these things were faster - in fact, we
           | cared so much to make it so that it's included as part of our
           | 6th amendment. In practice, it's almost exclusively not the
           | case, even if higher profile cases. Two bits of personal
           | anecdata, a death of a friend's brother due to fentanyl lead
           | to the arrest of a drug dealer (with priors, and found in
           | possession of illegal weapons). Open and closed case, right?
           | Still took a year. Similarly, the exact same thing happened
           | to my brother's friend - three years on, the trial just
           | concluded. Several bigger cases in my area, the Rittenhouse
           | and more recently Brooks cases also took a year.
           | 
           | I'm not sure what you mean with your second half though, are
           | you suggesting detaining people during this period and pro-
           | rating their sentence and/or paying them? Or are you saying
           | that they should wait outside of jail, but still have it
           | counted towards their sentence? I don't quite follow exactly.
           | Edit: seems the latter. I'm not sure my opinion, having a
           | case looming over you seems potentially difficult, especially
           | if you're later found innocent, but should the government
           | (/citizens) foot the bill for that?
        
             | UweSchmidt wrote:
             | It's mostly a thought experiment but the general idea is to
             | 
             | - consider the actual effects on someone to be involved in
             | a legal process; for lawyers it's just a workday but for
             | people it's heavy to be accused of a crime and to wait for
             | something awful (jail) to happen.
             | 
             | - define some time reasonable time constraints for
             | everything, in order to give some incentives for the
             | process to speed up. Prosecutors could be measured by how
             | efficient cases go, and paying out some money could be an
             | option.
        
           | spfzero wrote:
           | I think living wherever you want and spending millions of
           | other people's dollars for three years is not 50% as bad as
           | being in prison. It's better than most innocent people get to
           | do _out_ of prison.
        
         | Waterluvian wrote:
         | "The wheels of Justice turn slowly... but they turn."
        
           | briantakita wrote:
           | Still waiting for Hunter Biden's indictment for his
           | various...ahem...improprieties...and who is this "big guy"
           | who got the 10%?
           | 
           | SBF was a large contributor to the DNC...so it sounds like he
           | has some political favors to exploit. The best we hope for is
           | an indictment with a Presidential pardon after this whole
           | matter is memory-holed by the media.
        
           | cm2187 wrote:
           | The speed, torque and direction highly depend on which side
           | of the political aisle are the DoJ and the defendant.
        
           | coldtea wrote:
           | Except when they don't, which generally is the case for the
           | rich. They just need to arrest some schmuck every now and
           | then to give they illusion that it turns for them too.
        
             | [deleted]
        
           | ALittleLight wrote:
           | They turn slowly for some crimes. If I was to find the
           | prosecutor or judge who would one day be involved in
           | indicting SBF and punch them in the face, I bet the wheels
           | would turn pretty quick for me.
        
             | retconn wrote:
             | >This is almost off-topic. Skip if that bugs you
             | 
             | No, you're completely on topic : the phenomenon you
             | describe of privatised systematic perpetrator defensive
             | hurdles is called self regulation, which is precisely what
             | SBF was most avidly lobbying for.
        
             | arcticbull wrote:
             | Well, in fairness, that's a very simple crime to prosecute
             | :)
        
             | ajross wrote:
             | Right, because getting a judge to approve a warrant to
             | arrest someone for assault is trivial if you have a
             | witness, because that's the kind of thing that is clear and
             | obvious.
             | 
             | Even finding a lawyer capable of _writing_ a warrant
             | application for fraud like FTX is difficult, partly because
             | the evidence is hard to find and hard to understand and
             | frankly just because financial criminal law is a mess. Add
             | to that that if you mess that part up you jeopardize the
             | whole case (because any evidence that you collect with a
             | bad warrant becomes subject to being thrown out,
             | obviously).
             | 
             | No one wants to get that wrong just to get a perp walk.
             | Remember that what people are demanding here isn't
             | punishment, it's just "an arrest". People who are arrested
             | spend a few hours (maybe a day or two) being held before
             | arraignment and then walk right back out of the jail.
        
               | dragonwriter wrote:
               | > Right, because getting a judge to approve a warrant to
               | arrest someone for assault is trivial if you have a
               | witness, because that's the kind of thing that is clear
               | and obvious.
               | 
               | And, more to the point:
               | 
               | (1) its easy to _convict_ on that kind of assault (delays
               | are more often due to prosecutors not starting a case
               | they dob't feel adequate confidence they can win than
               | prosecutors being unable to meet the much lower bar of
               | probable cause),
               | 
               | (2) prosecuting on such a case early is much less likely
               | to foreclose other charges or obstruct attempts to
               | identify and action on other crimes or recoverable
               | property tied to them.
        
               | lesuorac wrote:
               | > (2) prosecuting on such a case early is much less
               | likely to foreclose other charges or obstruct attempts to
               | identify and action on other crimes or recoverable
               | property tied to them.
               | 
               | Please go into this more.
               | 
               | Lets say an omniscient person can come up with 40 charges
               | that could be brought against SBF. You the prosecutor
               | only know of 3 of them right now. Why can't you charge
               | SBF for the 3 you have, convict them, and while SBF is in
               | prison figure out the other 37? While SBFs in prison I
               | bet its 1000% times harder for him to hide stuff from you
               | too.
               | 
               | With programming, it's commit early and commit often. Why
               | is the prosector trying to make a giant pull request over
               | 3 years to shove through in a year? Target the low
               | hanging fruit for a quick commit and get the restitution
               | process going.
        
               | ajross wrote:
               | Programming doesn't have a fifth amendment double
               | jeopardy clause. Imagine if your debugger locked you out
               | if you failed to fix the bug on your first try.
               | 
               | Prosecutors are conservative because our justice system
               | is (for very good reasons) tilted strongly _against_ the
               | state, in favor of the accused. We 've collectively
               | decided that it's better on the whole to have some
               | criminals go without punishment than to tolerate innocent
               | people in jail. (Pause while everyone points out that
               | innocent people get locked up all the time, which is
               | true, but it's still something the constitution is trying
               | to prevent)
        
             | _jal wrote:
             | This is almost off-topic. Skip if that bugs you.
             | 
             | It is interesting to think about the effect that coalitions
             | of criminals have had on the criminal justice system.
             | 
             | Impulsive face-punchers don't tend to have sophisticated
             | attorneys, and at least many of them probably agree that
             | face-punching should be illegal in general, even if they
             | had their reasons in this case.
             | 
             | Contrast with finance criminals. Many of them probably
             | convince themselves they're in the right, and they have
             | access to the best justice money can buy. So over time
             | they've managed to raise the costs of prosecution so high
             | that we see this - it takes multiple years to nail down a
             | solid prosecution.
             | 
             | There are other aspects of course - some financial crime
             | really is difficult to prove. But what I mean is that if
             | all the accounting frauds before Ken Lay had depended on
             | overworked public defenders, prosecuting him would have
             | been much simpler.
        
         | cabaalis wrote:
         | So it would seem safe to say that financial crimes can take a
         | very long time to bring charges. Why is the smoking gun so
         | buried?
        
         | madrox wrote:
         | This feels like the judicial equivalent of a product manager
         | asking an engineer why hasn't the feature been shipped yet.
         | Everyone's been talking about the PRD for over a week!
        
         | dragonwriter wrote:
         | > Madoff was arrested after he confessed privately to his own
         | family
         | 
         | Including stating his imminent intent to surrender to
         | authorities, he also admitted to massive fraud when interviewed
         | by the FBI immediately after that, and before the arrest.
         | 
         | SBF ain't in the same place as Madoff.
        
         | jonas21 wrote:
         | > _Bernie Madoff is a notable exception: he was arrested 3 days
         | after his Ponzi was revealed. But it 's not comparable at all
         | to SBF's situation: Madoff was arrested after he confessed
         | privately to his own family; his sons immediately went to the
         | police._
         | 
         | Not only did he confess, saying it's "basically a giant Ponzi
         | scheme," he also said that he planned to distribute the
         | remaining $200-$300M in funds to family, friends, and employees
         | in the next week.
        
           | dreamcompiler wrote:
           | And -- as the article points out -- Madoff was in the United
           | States when he confessed. I rather doubt SBF will ever
           | voluntarily set foot on US soil again.
        
             | bbarnett wrote:
             | Isn't there a statute of limitations for these types of
             | crimes? (Not sure for the US here, but...)
             | 
             | If all the data is spread to the winds, if everyone hits
             | ground, can they even file charges? I suppose so, but if
             | there is no evidence pointing to wrongdoing...
             | 
             | To be honest, I'm not even sure what he supposedly did
             | wrong. He took investments, in an unregulated sector, and
             | backed those investments and lost?
             | 
             | If he were a bank, that's 100% legit. No bank I know of,
             | has 100% of investor funds backed by anything. Even in
             | Canada, land of give-a-fuck-sorta, there used to be a
             | requirement for banks to have hard currency (gold, cash) in
             | a vault somewhere, 5% worth of account holder's value,
             | which was inspected annually by the government. Yet the
             | last time I read the bank act, it was removed as a
             | requirement.
             | 
             | If banks don't need any sort of banking for account holders
             | in CAD, why would an unregulated exchange need that?
             | 
             | (Again, I can imagine there are all sorts of things I'm
             | missing... but?!)
        
               | dragonwriter wrote:
               | > Isn't there a statute of limitations for these types of
               | crimes?
               | 
               | For non-capital federal crimes, the basic rule is 5
               | years, but there are exceptions.
        
               | rabite wrote:
               | The clock stops the minute that you step overseas, so as
               | long as he's in the Bahamas there is no statute of
               | limitations.
        
               | bink wrote:
               | Such as fleeing prosecution?
        
               | mrosett wrote:
               | Yes: https://www.nolo.com/legal-encyclopedia/question-
               | tolling-sta...
        
               | grey-area wrote:
               | He bought a $16m house in his parents' names with company
               | funds (fraud).
               | 
               | He transferred customer funds to an unrelated hedge fund
               | company (fraud).
               | 
               | He created fake accounting systems to hide the fraud
               | (fraud).
               | 
               | He claimed to be making lots of money just to help others
               | (morally reprehensible and a huge red flag).
               | 
               | That people are still making excuses for him tells you
               | how rotten this entire ecosystem is.
        
             | smitty1110 wrote:
             | That's what the US-Bahamas extradition treaty is for.
             | 
             | Edit: The treaty itself: https://www.state.gov/wp-
             | content/uploads/2019/05/94-922-Baha...
        
               | _jal wrote:
               | Wouldn't expect him to stay somewhere with extradition.
               | Wasn't there a rumor that he tried to flee to Dubai?
               | 
               | Morality aside, that's probably his best move, assuming
               | he has enough of that $3B loan left to grease the exit.
        
               | wmf wrote:
               | Fleeing to Dubai might mess with his "it was just an
               | honest mistake" PR tour.
               | 
               | At least he's not (yet) borrowing Do Kwon's argument
               | about being the victim of an unjustified witch hunt.
        
               | notch656a wrote:
               | Unless the PR tour is some weird plan to buy time while
               | he gets his ducks in a row to arrange his escape and
               | amass his assets.
        
               | JumpCrisscross wrote:
               | > _what the US-Bahamas extradition treaty is for_
               | 
               | Which may also be why we aren't seeing a warrant. Maybe
               | SBF is playing for sympathy. But maybe he's just
               | delusional. If the latter is the case, there is no need
               | to tip him off with a performative warrant.
        
               | cm2187 wrote:
               | Sympathy or presidential pardon. It is astonishing the
               | sort of kid gloves he has been treated with so far in the
               | liberal media. I am no conspiracy theorist but this is
               | suspicious.
        
               | tootie wrote:
               | There are allegations that SBF "ingratiated" himself with
               | the Bahamian government.
        
         | godmode2019 wrote:
         | Martin Shkreli cant be placed with those other people, no one
         | lost any money.
         | 
         | He was convicted on a technically by telling early investors
         | that he already had investors. When at that point his start up
         | had none.
        
           | deaddodo wrote:
           | That's not a technicality, that's literally fraud.
           | 
           | It doesn't matter that an endeavor he followed through later
           | paid back his initial investors, the act itself is literally
           | fraud. Period.
           | 
           | All you're doing is petty-fogging the issue.
        
             | nostromo95 wrote:
             | Charitably, I think what OP was getting at is that there
             | was no pressure to arrest / prosecute Shkreli quickly
             | because his actions hadn't in actuality physically or
             | monetarily harmed people, unlike, e.g., Theranos.
        
             | Dma54rhs wrote:
             | Investors were but complaining, it was the state that was
             | after him. It's obviously different from owing billions of
             | dollars that don't exist anymore like Bankman did.
        
         | ShivShankaran wrote:
         | SBF will NOT go to jail. He is too politically connected and
         | even his on/off gf is very deeply politically connected to MIT
         | and other politicians. At this point its extremely naive to
         | believe that he might get something more than a slap on the
         | wrist, even if that.
         | 
         | He was on the same event with Janet Yellen whose signature will
         | be on all US currencies.
        
           | spfzero wrote:
           | Jeffrey Epstein was also very well connected. Sometimes those
           | connections vanish into thin air to avoid guilt by
           | association.
        
         | loeber wrote:
         | That's not quite true, there's plenty of precedent for fast
         | prosecution. As an unfortunate example, take the Aaron Swartz
         | case:
         | 
         | - September 25, 2010: Swartz begins using MIT network to pull
         | JSTOR articles.
         | 
         | - Throughout September through December, a cat-and-mouse game
         | ensues where JSTOR blocks access to certain MIT IPs, and then
         | downloading starts again from a different range.
         | 
         | - January 5, 2011: MIT locates the laptop in a closet that
         | Swartz had been using.
         | 
         | - January 6, 2011: Aaron Swartz is arrested.
         | 
         | - July 11, 2011: Swartz is indicted by a federal grand jury.
         | 
         | Additional indictments followed in November 2011 and September
         | 2012. In Swartz's case, the judicial apparatus moved swiftly.
         | As far as I understand, law enforcement became involved in late
         | December 2010 or early January 2011. The timeline to arrest and
         | indictment was short.
         | 
         | I would expect to see a reasonably quick (i.e. on the order of
         | months) indictment of SBF. While other posters are correct to
         | point out that there's a huge morass of complexity and
         | murkiness around FTX/Alameda, my view is that this creates not
         | one, but several cases -- some of them very straightforward and
         | where I'd surely expect the DOJ to put a preliminary case
         | together in a few months.
        
           | danso wrote:
           | To add to what u/mikeyouse comment, I tried to limit
           | comparisons to incidents involving financial/wire fraud,
           | since they often require a longer/wider investigative scope,
           | and, unfortunately, seem to have a much-too high standard
           | when it comes to actual prosecution (e.g. 2008 financial
           | crisis)
        
           | mikeyouse wrote:
           | Swartz wasn't arrested in January by the FBI for the
           | downloading - but by MIT police for breaking and entering. He
           | couldn't have been arrested by the Feds before the indictment
           | or criminal complaint was filed, which didn't take place
           | until 6 months later. I suspect you're right on the timing
           | though, especially with all of the whining about how he
           | hasn't been charged yet. It'll be a politically savvy move
           | for the Feds to file something quickly here and then
           | supersede it eventually when the full scope is clear.
        
             | toss1 wrote:
             | >> It'll be a politically savvy move for the Feds to file
             | something quickly here and then supersede it eventually
             | when the full scope is clear.
             | 
             | That's likely true.
             | 
             | However, it may also be a more savvy move to let SBF and
             | other execs think little is pending in order to gather more
             | information. Other than reputation of the justice system
             | (which already has a justified slow reputation; "The wheels
             | of justice turn slowly, but they grind exceedingly fine."),
             | this might be the greater consideration...
             | 
             | If they don't rapidly indict, it'll be interesting to see
             | if SBF ever voluntarily returns to US territory before an
             | indictment.
        
             | loeber wrote:
             | That's correct, though federal law enforcement was involved
             | perhaps earlier than that account suggests. Swartz was
             | initially arrested by the MIT Police and a member of the
             | Secret Service. The United States Attorney Office was in
             | touch with JSTOR almost immediately afterwards.
             | (http://docs.jstor.org/summary.html)
             | 
             | I agree with the final comment; I think the DOJ would be
             | well-served by filing _something_ (and that should be
             | pretty tractable, seeing the staggering scope of apparent
             | misdeeds) to extradite SBF as quickly as possible, and then
             | to file amended /superseded charges in the following 12-24
             | months.
        
         | tmaly wrote:
         | building a case takes long time, especially if SBF has good
         | lawyers.
        
         | ktorvald wrote:
         | Just another data point. Billy McFarland was arrested by FBI
         | agents Monday following the Fyre Festival for defrauding
         | investors. He did not confess prior to his arrest.
         | 
         | Billy raised $20m with fake financials. SBF raised close to a
         | $1B, and I'm sure he didn't disclose the fact that customer
         | deposits flowed to a hedge fund he controlled exclusively.
         | 
         | Harm caused to consumers and investors is just as obvious, if
         | not more obvious in SBF's case, when compared to Billy's
         | festival.
         | 
         | https://youtu.be/pNS1khHWTmI
        
           | _benedict wrote:
           | Didn't Fyre Festival turn into a very public humanitarian
           | crisis? I don't know that the two situations are comparable
           | as a result.
        
             | pessimizer wrote:
             | > I don't know that the two situations are comparable as a
             | result.
             | 
             | Why or why not? Should the amount of publicity matter for
             | the justice system? What distinguishes a "humanitarian
             | disaster" from a bunch of rich kids having to sleep rough
             | on a beach near a resort town for a few days?
        
               | ineedasername wrote:
               | I'm not sure it's the publicity that matters so much as
               | the immediate threat to human life & safety. In society
               | that tends to be prioritized over financial misdeeds with
               | more ambiguous long term consequences.
        
               | threeseed wrote:
               | As a professional investor, if you invested money in FTX
               | it is expected that you know the risks.
               | 
               | No one reasonably expected Fyre Festival to turn out the
               | way it did.
        
               | ladon86 wrote:
               | That might be a reasonable expectation if FTX only
               | allowed deposits by accredited investors, but I don't
               | think "professional investors" were the target audience
               | of their Super Bowl ads starring Tom Brady.
               | 
               | https://youtu.be/uymLJoKFlW8
        
               | runarberg wrote:
               | Same can be said of all Ponzi scheme, that doesn't make
               | the crimes less severe or the harm caused to the innocent
               | any less painful, and it certainly doesn't mean that the
               | criminals should be able to escape justice.
        
               | threeseed wrote:
               | I never said that criminals should escape justice.
               | 
               | Just saying that if you invest money in a stock you
               | should expect that you may lose that money.
        
               | empraptor wrote:
               | my impression of prosecutors is that they are a
               | narcissist bunch who are in that role because tough-on-
               | crime reputation they earn by putting ppl in prison gives
               | them a leg up in future political career. so more
               | publicity a case gets and less resources the defendant
               | has, more attractive the case is to prosecutors i would
               | think.
        
               | wahern wrote:
               | State attorneys general and district attorney offices are
               | much, much more mired in politics than the comparable
               | Federal offices. The former are more often staging points
               | for moving up the political ladder; whereas the Federal
               | positions are more often filled by mid or late career
               | legal lifers, and act as staging points for moving to the
               | private sector, to judicial appointments, or retirement.
               | 
               | That said, the SEC, which AFAIU would normally take the
               | lead, is poorly staffed. The SEC leans heavily on
               | automation, intimidation, and rapid plea deals in order
               | to avoid resource intensive investigations and
               | prosecutions; much more so than run-of-the-mill criminal
               | cases that more immediately can benefit from the huge
               | staffs at the FBI, ATF, DoJ, etc. So when prosecution and
               | a prerequisite comprehensive investigation is clearly
               | warranted and necessary, there seems to be considerable
               | inconsistency in process and outcome. And that's before
               | accounting for the fact that financial crimes can be very
               | difficult to prove at trial, both factually and legally--
               | just ask Donald Trump.
        
               | ericmcer wrote:
               | I am sure if there was a camp full of SBFs victims
               | sleeping in tents after their crypto losses they would be
               | acting much faster.
        
               | legitster wrote:
               | It's just money. Investment income at that.
               | 
               | Putting human beings at actual risk is an order of
               | magnitude worse and I don't know why that's even
               | debatable.
        
             | jjtheblunt wrote:
             | not at all: swindled people had to rebook flights home,
             | sleep in an airport or maybe on site for maybe a day?
        
               | ineedasername wrote:
               | They were not, however, at risk of starvation or diseases
               | commonly seen only in undeveloped parts of the world that
               | lack sanitation infrastructure.
        
           | [deleted]
        
           | danso wrote:
           | That's a great data point, especially because it reaffirms
           | (at least for me, personally) how easy it is to lose track of
           | even recent infamous history.
           | 
           | Just skimming the Wikipedia entry, so maybe I'm missing
           | something, but wasn't McFarland arrested 2 months after Fyre?
           | This May 2017 [0] article, about a month after, describes
           | McFarland still running his company as the first civil
           | lawsuits are filed. This June 30 article [1] is about his
           | arrest. It sounded like the civil suits against McFarland
           | helped push along the wire fraud charge; AFAIK, SBF is named
           | in a couple of investor suits so far, so it'll be interesting
           | what things look like next month.
           | 
           | [0] https://www.nytimes.com/2017/05/21/arts/music/fyre-
           | festival-...
           | 
           | [1] https://www.nytimes.com/2017/06/30/arts/music/billy-
           | mcfarlan...
        
           | jonstewart wrote:
           | The harm may be obvious, but that's not the same thing as
           | proving criminal guilt beyond a reasonable doubt. Not sure
           | why anyone would think FTX/Alameda would be as easy to
           | investigate as the Fyre Festival.
           | 
           | People don't get arrested when they've done something bad.
           | People get arrested (for federal crimes) when a prosecutor
           | gets a grand jury to believe there's probable cause they've
           | committed a crime.
        
       | dstein9 wrote:
        
       | rcurry wrote:
       | The wheels turn slowly, but grind exceedingly fine. This is a
       | major case and it will take time for various agencies to put all
       | the pieces together.
        
         | fundad wrote:
         | Yeah our institutions are taking care of everything, just wait
         | for the rest of your life.
        
       | mikkergp wrote:
       | "At the risk of stating the obvious, the reason Madoff was
       | arrested so quickly is because he confessed to every element of
       | criminal fraud -- including both the underlying scheme and his
       | criminal intent. This meant that the FBI had both that confession
       | and highly potent, admissible evidence of guilt in the form of
       | testimony from his adult children (who had no apparent axe to
       | grind)."
       | 
       | Right, I mean, I'm not saying he's not guilty, but does anyone at
       | this point really understand it deeply enough to file an arrest
       | warrant? I understand the impatience emotionally, but not
       | logically.
        
         | pessimizer wrote:
         | I was jailed for sitting on the sidewalk in front of my old
         | high school when I was 18. The police were called on me by the
         | vice-principal, who could see from his office that I was
         | rolling cigarettes, and thought I was rolling joints. The
         | police showed up, realized that the call was bad because it was
         | obviously loose tobacco, and decided to charge me with
         | "criminal trespassing" because it's a charge that the police
         | can press _themselves_ without a complainant (the vice-
         | principal was informed by others what had happened, would have
         | never pressed charges, and was extremely regretful about it
         | afterwards.) I spent the night in jail, and part of the next
         | day, until my family could raise the money to bond me out
         | (money completely lost; a bond, not a bail.) Luckily my uncle
         | knew a bailbondsman personally, because as a loser black punk
         | rocker teenager no other bailbondsman would take our money. If
         | that hadn 't happened, I would have spent a week in jail
         | waiting for my hearing. My entire relationship with my public
         | defender took place walking down a hallway towards the
         | courtroom, where he told me that I could take a plea bargain
         | (i.e. plead guilty) in exchange for no time, no fine, no
         | probation, and a removal from my record if I stayed out of any
         | trouble for six months (and of course the opposite if sitting
         | on the sidewalk went so badly for me again.) I took the plea
         | bargain, which required me to admit to the crime and pay court
         | costs.
         | 
         | The reason SBF isn't arrested is because the people who would
         | have to order him to be arrested relate to him personally, and
         | coddle people like him as they would wish to be coddled
         | themselves.
        
           | flerchin wrote:
           | Gah that's horrific.
        
           | robocat wrote:
           | Argh, that is so far outside of my reality that I have
           | trouble understanding how such evil events happen in the USA
           | -- I'm from New Zealand so I just have no frame of reference
           | to understand.
           | 
           | The closest I have experienced second-hand in authoritarian
           | Cuba under Castro while I was visiting there, where I saw
           | some residents arrested for nothing tangible, but they were
           | released within 8 hours and they seemed blase about it.
           | 
           | I have been arrested, but the police were respectful (it
           | helps that I am a short white guy, and I was wearing a geek
           | identity).
           | 
           | If you ever visit Christchurch, contact me via HN, and I'll
           | feed and put you up for some days, if you're keen.
        
             | mindslight wrote:
             | Don't worry - most people in the USA have trouble
             | understanding that such evil events happen here, too.
             | 
             | You've either been on the business end of the "justice"
             | system, or you haven't. Paying "court fees" to fund your
             | own persecution is the icing on the cake.
             | 
             | And like, what happened to OP was pretty tame, all things
             | considered. Nobody died. There wasn't months or years spent
             | in prison. I don't think their life was drastically altered
             | by it (but their personal world view certainly was). Nobody
             | is going to the media with such a story, because it's not
             | glaringly outrageous. Ask an attorney if OP would have a
             | case against the police/state to rectify the injustice, and
             | they'll just laugh. They're part of that system and above
             | you, which is why even if you're paying them, they don't
             | answer the phone after 5.
             | 
             | IMO the first step to reform happening is the system
             | admitting it is fallible. Plea bargains should be
             | eliminated - either make the case or STFU. When a victim is
             | found innocent or charges are dropped, they should be
             | mechanically compensated for all of their expenses and
             | damages - legal fees, time lost in jail/court, emotional
             | distress from the kidnapping. That money should come out of
             | the coffers of the department paying the gang of violent
             | thugs that abused OP, and ultimately the taxpayers funding
             | them. Right now these damages are funded as a perverse
             | reverse lottery where the unlucky just get stuck with them.
             | This certainly won't fix everything, but correctly defining
             | responsibility is the first step.
             | 
             | Alas, the disempowering mass media narrative we get is that
             | the cops just need "more training" so perhaps they won't
             | commit wanton second degree murder as much. Funny how the
             | average citizen doesn't get a similar allowance.
        
           | mikkergp wrote:
           | I don't want SBF arrested for criminal trespass, I want him
           | arrested and prosecuted to the fullest extent of the law for
           | the crimes he committed, and I don't want him getting off
           | because of the need for a speedy trial, before we know what
           | he did.
           | 
           | Law enforcement should not act in bad ways to more people.
        
           | syrrim wrote:
           | You plead guilty precisely because you didn't do anything.
           | The probability distribution for you was: high chance of
           | getting off, low chance of getting a large punishment. The
           | probability distribution for SBF if he pleads not guilty will
           | be inverted: high chance of incarceration, low chance of
           | walking. But the odds will likely be preferable to whatever
           | deal he ends up being offered. Modelling the cops that booked
           | you, their goal is to throw things at the wall and see what
           | sticks. Whichever cops are currently gathering evidence
           | against SBF will be thinking the opposite: they need to be
           | very careful in collecting evidence to minize the risk of SBF
           | getting away.
           | 
           | I should point out that while this is unfortunate, this is
           | all a relatively inevitable consequence of having a justice
           | system. Since humans are deciding cases, there will always be
           | a small chance that they screw it up (in one direction or
           | another). You can't have arbitrary do-overs for people who
           | feel their case was decided poorly, because everyone thinks
           | that (or will say they do).
        
           | csours wrote:
           | Thanks for your comment. I think a lot of people are not
           | understanding it.
           | 
           | To a large extent (not completely) law enforcement and the
           | greater justice system exist to mitigate contention in
           | society. If the target of a law enforcement action is rich or
           | famous, and the crime is not active or physically damaging,
           | then it will be contentious to arrest the rich/famous
           | criminal. If the criminal is not rich or famous, or if the
           | crime is physical (murder, assault, etc) then the arrest will
           | be less contentious, and the police will proceed.
           | 
           | Up until now, it has not been at all contentious for the
           | police to arrest/abuse lower status persons.
           | 
           | In the case of a contentious arrest of a high status person,
           | arrest will be delayed until the exact charges are known and
           | believed to be provable.
           | 
           | ---
           | 
           | I am describing the system as I see it now, not the system
           | that I think should exist.
           | 
           | The faults described here are not faults of individual
           | members of any justice system, they are faults of society and
           | we ascribe value.
           | 
           | Before replying to this comment, please think about policing
           | in feudal societies and consider the lessons of Foucault in
           | "Discipline and Punish".
        
           | nerpderp82 wrote:
           | It is easy to see how that entire chain of events could have
           | really utterly fsckd over your life. I am sorry you had to go
           | through that, but at least it didn't go totally sideways.
           | 
           | It easily could have cost you your job, then your apt, etc.
        
           | scyzoryk_xyz wrote:
           | The severity of your experience makes zero sense... until you
           | mention being a punk rocker.
           | 
           | Fact is: non-punk rockers merely get the right to become
           | masters-of-the-universe revoked.
           | 
           | /s
        
           | public_defender wrote:
           | I'm sorry this happened to you.
        
           | UweSchmidt wrote:
           | That a school vice principal would call the cops on a student
           | boggles the mind (outside of serious crimes or imminent
           | danger). The true educator will patiently observe the ups and
           | downs of a student through the years and will work to
           | _teach_. Try and engage the student more, talk about drugs
           | and choice in a smart way, recommend some jiu-jitsu classes
           | or, as a last resort, talk to the parents.
           | 
           | Faith in humanity? Sometimes shaky.
        
           | dullcrisp wrote:
           | That's true but what you're describing is an example of
           | injustice. It would probably be better if everyone were
           | treated like SBF than if everyone were treated like you were.
        
             | luckylion wrote:
             | Do you believe it's possible that everyone is treated like
             | royalty? And if not, wouldn't it be better if royalty was
             | treated like poor people instead of having a multi-tiered
             | justice system where the fairness of the system depends on
             | your class?
        
               | dullcrisp wrote:
               | If by being treated like royalty you mean being treated
               | with empathy, then yes I believe that that is possible.
        
         | yamtaddle wrote:
         | I think part of it's because when a poor person looks vaguely
         | associated with a crime, it's straight to jail. When it's a
         | rich person it's all "well IDK we just can't be _sure_ , can
         | we?"
        
           | savryn wrote:
           | ah so that's why my city is so crime free, I and all the
           | women I know are never hypervigilant taking public transport,
           | I'm never afraid for my elderly relatives to be bashed in the
           | head or pushed onto the tracks by 9 time offenders out on
           | bail, and everyone working exhausting retail hours from cvs
           | to applestore doesn't know why all these totally-prejudiced
           | shoplifting deepfakes go viral
           | 
           | I'd be fine with the new surveillance state if it actually
           | delivered some safety-dividends, but i guess lawlessness
           | keeps the working class in line
        
         | rpgmaker wrote:
         | >but does anyone at this point really understand it deeply
         | enough to file an arrest warrant?
         | 
         | That hasn't stopped prosecutors before. This is happening
         | because there is no appetite to go after him, people can take a
         | look at the public record so far and wonder why this might be
         | the case.
        
           | cryptonector wrote:
           | In principle charges are not to be brought unless the
           | prosecutor believes they have enough evidence to win a
           | conviction in court.
        
         | ZephyrBlu wrote:
         | This is a simple explanation:
         | https://twitter.com/compound248/status/1598446656634191872
        
         | HWR_14 wrote:
         | Also, it's not like he's about to hop in a private jet and
         | evade the jurisdiction. He's constrained in an extradition
         | friendly country. And to the extent it's not extradition
         | friendly (mostly if they want to press charges first), it
         | doesn't help to file an arrest warrant.
         | 
         | Speed isn't required here.
        
         | sidewndr46 wrote:
         | Hasn't SBF given long detailed interviews about the activity of
         | FTX & his roles there?
        
           | [deleted]
        
           | kasey_junk wrote:
           | Yes but it's fairly complex and he keeps presenting it as a
           | mistake and a lack of controls.
           | 
           | He hasn't admitted to it as fraud, which is (I've heard) hard
           | to prove.
        
             | pierrebai wrote:
             | Spending your customer deposit that are legally off-limits,
             | and that he said were off-limit, on things like houses,
             | properties, etc for your own self and family is not a
             | straight-up admission of wrong doing?
             | 
             | Since when breaking and entering a looting a house can be
             | defended with "well, I thought all was fine"?
             | 
             | He admitted numerous times doing things that are straight
             | up illegal.
        
               | tick_tock_tick wrote:
               | > customer deposit that are legally off-limits
               | 
               | Where did you get this impression? Even that part is
               | potentially up for debate. FTX isn't a bank or anything
               | like that and they say that FTX USA is actually still
               | solvent and will payout. I have my doubts about the last
               | one but if he actually pays all US customers back he
               | might get away with this.
        
               | wmf wrote:
               | _Spending your customer deposit that are legally off-
               | limits, and that he said were off-limit, on things like
               | houses, properties, etc for your own self and family_
               | 
               | This isn't proven. He could have bought those houses with
               | VC money not customer deposits.
        
         | tedunangst wrote:
         | Everyone says they know all the facts, but I haven't seen
         | anyone post a draft of what they imagine the indictment will
         | look like to gist or pastebin.
        
       | hunterb123 wrote:
       | Too busy speaking with Zelensky, Zuckerberg, Yellen, and friends.
       | 
       | https://www.nytco.com/press/the-new-york-times-to-host-annua...
        
       | temptemptemp111 wrote:
        
       | fredgrott wrote:
       | That is the wrong question given the fact that VCs were involved
       | in passing around a business template that told how to issue
       | tokens to get around SEC governance!
       | 
       | It's not just SBF that will be under possible arrest and jail
       | time, expect some VCs to also be prosecuted.
        
       | iancmceachern wrote:
       | Money, and privilege.
        
       | Animats wrote:
       | US prosecutors don't want to get an indictment until they have
       | enough info for a conviction. If they indict prematurely, the
       | perp may get an acquittal. They only get one shot. That's what
       | "double jeopardy" is about.
       | 
       | What ought to be the easy win here for prosecutors is theft, in
       | the form of diversion of client funds. That's most likely to
       | apply to FTX.us. Now, if FTX was registered as a "national
       | securities exchange", or a broker/dealer, under US law, that
       | would definitely apply. Without that, the jurisdiction issues are
       | worse.
       | 
       | [1] https://www.justice.gov/usao-mdtn/pr/former-mid-state-
       | securi...
        
         | wmf wrote:
         | They do superseding indictments all the time.
        
       | black_13 wrote:
        
       | spicymaki wrote:
       | If they wanted him, they would have gotten him already. This is
       | regular every-day corruption.
        
       | graeme wrote:
       | The biggest answer people miss is that:
       | 
       | 1. Sam Bankman Fried is in the Bahamas 2. Sam Bankman Fried was
       | Tether's biggest customer and banked with Deltec, Tether's bank
       | 3. The attorney general of the Bahamas, the man with the power to
       | arrest Sam, is Deltec's former lawyer
       | 
       | The US system is probably content to watch while Sam confesses,
       | but they can't directly arrest him and Sam appears to have
       | captured the local judicial apparatus.
        
         | guelo wrote:
         | Bahamas has an extradition treaty with the US
        
           | bloak wrote:
           | Yes, but what is in that treaty, and is there any reason he
           | should be extradited to the USA rather than tried in the
           | Bahamas, or extradited to some other country, for that
           | matter?
           | 
           | It's an honest question: I don't know the details of what he
           | is accused of.
        
         | dragonwriter wrote:
         | > The US system is probably content to watch while Sam
         | confesses, but they can't directly arrest him
         | 
         | The US has directly apprehended people in foreign countries for
         | criminal prosecution in the US, including countries with whom
         | they have extradition treaties, and the target being corruptly
         | linked to and protected by local law enforcement has been a
         | factor in favor of such action when it has occurred.
        
         | googlryas wrote:
         | You can still get a US arrest warrant even if you aren't in the
         | US.
        
         | happytoexplain wrote:
         | He won't make an arrest because the subject is a former
         | customer of a bank for which he is a former lawyer? Am I
         | misunderstanding?
        
           | graeme wrote:
           | A criminal bank, yes.
        
           | TacticalCoder wrote:
           | A bank which happens to be the centerpiece of the entire
           | iFinex (tether/USDT + Bitfinex) thing (which may or may not
           | be legit).
           | 
           | And SBF is not just a customer from that bank. He also bought
           | another bank, in the US, which previously belonged to the
           | owners of Deltec. And FTX's top lawyer happened to be a
           | colleague of Bitfinex's top lawyer (they both worked for the
           | same company which actively defrauded online poker players).
           | 
           | So there are ties that do go beyond: _" customer of a bank"_.
           | 
           | It looks like it's a little circle of people who know very
           | well each other.
           | 
           | To give an idea of the amounts involved: Tether emitted USDTs
           | worth, so far, _four times_ the entire GDP of the Bahamas.
           | 
           | Bahamas is so small (400 K people) that when the authorities
           | stormed FTX's office and forced SBF to handle them the keys
           | for various shitcoins, they froze an amount representing back
           | then 5% of the Bahamas' GDP (now more like 1.5% because these
           | shitcoins melted, but still).
           | 
           | The amounts in play are tiny and insignificant for a country
           | like the US: QEs are in the trillions, bank bailouts in 2008
           | were done with $700 billions+, etc.
           | 
           | But for a tiny country like the Bahamas, we're talking about
           | a _lot_ of money.
           | 
           | I'm not saying that he's protected or that the authorities
           | knew about his wrongdoings but you cannot rule that out (at
           | which point many coincidences are not coincidences anymore?).
        
           | williamcotton wrote:
           | https://knowyourmeme.com/memes/pepe-silvia
        
           | boomchinolo78 wrote:
           | Some people have friends
        
             | happytoexplain wrote:
             | Can you be more explicit? It sounds like you're being
             | sarcastic.
             | 
             | Are you saying they are friends (in which case, what is the
             | point of pointing to the much weaker relationship)? Or are
             | you saying the weaker relationship is evidence of
             | friendship (presumably combined with the fact that he chose
             | to go to the Bahamas)? Or something else?
             | 
             | Edit: Whoops, I just read more of the comments and am
             | seeing there is a tribalism angle to this. I'm not sure I
             | want to try parsing the answers to my questions :(
        
         | gjsman-1000 wrote:
         | You forget he was also the 2nd largest donor to the Democratic
         | Party last year, and allegedly gave plenty to Republicans as
         | "dark money" (though he only said that after the Democratic
         | donations came out, so it could be a lie to save face).
         | 
         | If you won your election with SBF funds, it undermines the will
         | to prosecute, or to view him as the conman he is instead of a
         | stupid young guy.
         | 
         | For that reason, don't be surprised when Democratic Party
         | leaders send out apologetic messages like this:
         | https://news.ycombinator.com/item?id=33836009
        
           | bink wrote:
           | I keep seeing comments like this on HN and it's
           | disappointing. His co-CEO donated $20 million to Republican
           | causes as well. There is no conspiracy here. It isn't even
           | proper to say that there's the normal favoritism shown to
           | business that donate to both parties. There's no evidence of
           | any favoritism at all yet and comments like these just play
           | into the tribalism that's greatly damaged the US over the
           | last few decades.
        
           | majormajor wrote:
           | Which specific prosecutors do you think won election with SBF
           | funds that you think should be already after him?
        
           | chadash wrote:
           | This ignores the parent comment. Whether or not members of
           | the democratic party want to throw him in jail is irrelevant
           | since they are not able to so long as he is in a different
           | country. If he can convince the bahamas not to prosecute,
           | nothing else really matters.
        
             | DennisP wrote:
             | The US has an extradition treaty with the Bahamas.
        
               | chadash wrote:
               | Yeah, but they can't just go there and arrest him. Right
               | now, the US and the bahamas seem to be in dispute over
               | where to hold the bankruptcy. So there's some territorial
               | beef. It's entirely in the hands of the Bahamas to arrest
               | him and turn him over, if they decide to turn him over at
               | all. In any case, it's common for extradition to take
               | months or even years.
        
               | PaulHoule wrote:
               | It adds a few more steps.
               | 
               | It's a good rule of thumb that if you are hacking you
               | should target victims in another country other than your
               | own. I think the Netherlands (say) could get you
               | extradited from the US, but it is a lot of work and the
               | whole process of investigation leading up to to that
               | extradition is going to be slowed down since the police
               | won't be able to use the same powers they could do if you
               | were in their jurisdiction. Most likely they'll go
               | prosecute some easier case and only go after you if the
               | results of your hack are particularly larger, visible and
               | embarrassing.
        
               | jasonhansel wrote:
               | In particular, the US police won't be able to just show
               | up at FTX's headquarters with a search warrant.
        
               | gjsman-1000 wrote:
               | Even better, escape to England, appeal against the
               | conditions of the US prison system:
               | 
               | "In January 2021, a British judge ruled Australian-born
               | Assange should not be extradited, saying his mental
               | health meant he would be at risk of suicide if convicted
               | and held in a maximum security prison.
               | 
               | But that decision was overturned after an appeal by U.S.
               | authorities who gave a package of assurances, including a
               | pledge he could be transferred to Australia to serve any
               | sentence."
               | 
               | https://www.reuters.com/world/julian-assange-appeals-
               | europea...
               | 
               | @LegitShady It delayed his extradition for years while
               | court cases and appeals worked out - and, if it goes
               | through, he'll escape to an Australian prison instead of
               | an American one. Worked as well as it could compared to
               | alternatives.
        
               | LegitShady wrote:
               | in other words, it doesn't work
        
               | freejazz wrote:
               | Congress doesn't control the justice department and
               | cannot bring charges... Maxine really has nothing to do
               | with it.
        
           | graeme wrote:
           | No, I'm not forgetting that. You're ignoring my comment.
           | 
           | SBF was a donor to those politicians, but a _conspirator_
           | with the attorney general. Whole other level of involvement.
           | 
           | The US can put in an extradition request and it will be
           | handled...by the same attorney general who is in on it.
           | 
           | Re: your link, getting SBT to testify would be a win,
           | especially if he was physically travels to the US to do so,
           | where he could be arrested. The general legal strategy when
           | under threat is to say nothing that can be used against you.
        
           | martinflack wrote:
           | If donations is a factor, it would be more logical for
           | politicians to consider the likelihood of future donations
           | rather than past ones. In fact, if the chance of future
           | donations is close to zero, there is a certain appeal in
           | making an example of SBF to "prove" that donations do not
           | matter in this way.
           | 
           | (I'm still mulling whether they do or not; just commenting on
           | the game theory.)
        
             | bombcar wrote:
             | I think the argument would be that said second largest
             | donor would have beans to spill if they get arrested.
        
             | phpisthebest wrote:
             | >there is a certain appeal in making an example
             | 
             | No politician wants to make an example of any white collar
             | crime for they are all criminals themselves and they fear
             | someone making an example of them
        
             | MrPatan wrote:
             | You forget the example the politicians want to make to
             | _other_ future donors.
             | 
             | If you let him hang because he doesn't have more money to
             | give you, nobody else is going to give you anything.
        
               | projektfu wrote:
               | On the other hand it's not good when they embarrass you,
               | regardless of how much they might have put in. If you
               | make it clear that being hung out to dry will be the
               | punishment for embarrassment, maybe you'll get fewer of
               | those donations.
        
           | aschearer wrote:
           | He was also the 3rd largest donor to the Republican Party, or
           | so he claims: https://www.businessinsider.com/sam-bankman-
           | fried-says-hes-t...
        
             | umeshunni wrote:
             | He claims many things, but as we have learned, it's best
             | not to believe what he claims.
        
             | tick_tock_tick wrote:
             | Convenient that there are no records.....
        
               | [deleted]
        
               | aschearer wrote:
               | Thanks, Citizens United.
        
           | lalos wrote:
           | Being a donor doesn't save you from being arrested, see
           | Madoff https://www.opensecrets.org/news/2008/12/madoff-and-
           | company-...
        
           | smcl wrote:
           | Wouldn't those open contributions not _encourage_ any
           | implicated Dems to go hard on him, as a measure of self-
           | preservation to prove to the electorate they weren 't being
           | bought (whether or not that was the original intention)?
        
             | MrPatan wrote:
             | Depends on the message they want to send to future
             | potential donors.
        
               | smcl wrote:
               | Yeah good thinking - man figuring out the politician meta
               | is really kinda tough
        
           | fallingknife wrote:
           | Being a prospective future donor is what gets you special
           | treatment, not being a past donor. SBF is not going to be
           | making big donations to anyone anytime soon, so all his
           | donations will get him nothing.
        
           | Kye wrote:
           | He got high on his own supply and put too much into the
           | scheme. He can't exactly threaten to stop donating if he has
           | no money to spare for it. Absent that, the PR value of being
           | able to frame it as fighting corrupt business practices is
           | enormous.
        
           | root_axis wrote:
           | > _If you won your election with SBF funds, it undermines the
           | will to prosecute_
           | 
           | This reasoning doesn't make sense to me, they already
           | accepted and spent the money, if anything that's an incentive
           | _to_ prosecute in order to cultivate a perception of distance
           | from his wrongdoing.
        
           | MuffinFlavored wrote:
           | Why would he donate to both parties?
        
             | hairofadog wrote:
             | Many (but not all) corporations and wealthy people donate
             | to both political parties because it gives them access and
             | influence, generally with the idea of furthering their own
             | specific goals as opposed to advancing a broad policy
             | agenda.
        
         | MuffinFlavored wrote:
         | > 1. Sam Bankman Fried is in the Bahamas
         | 
         | If he's an American citizen, why isn't he being extradited?
         | Because of his connections?
        
         | maxbond wrote:
         | Is this really a more convincing explanation than, these things
         | take time? FTX filed for bankruptcy less than a month ago. It's
         | a complex white collar case across multiple jurisdictions.
         | Whether or not this Bahamian AG was corrupt - why would we
         | expect an arrest by this point?
         | 
         | If the case doesn't develop over the next, say, 11 months, I'll
         | be as suspicious as anyone else. But at this point it feels
         | like jumping at shadows.
        
           | williamcotton wrote:
           | The most boring explanation is the most likely explanation.
           | 
           | The most interesting explanation is the most likely to be
           | heard explanation.
        
       | g42gregory wrote:
       | He is a an exceedingly large donor to the establishment,
       | especially to the party currently in charge (matters not which
       | one). With his connections, he is in the different tier. No
       | judgement here on whether it's good or bad.
        
         | denlekke wrote:
         | despite having donated to both parties extensively, i think
         | it's largely a perceptional issue. while the FTX collapse IS
         | mainstream news, the mainstream largely isn't impacted and has
         | already written off crypto as a massive scam. so in some
         | regards, i think joe regular-guy enjoys the spectacle of crypto
         | people losing their money because it validates their skepticism
         | of the entire ecosystem.
         | 
         | for either party to feel really motivated to arrest or
         | prosecute, they'd want joe regular-guy to be clamoring for that
         | action and i don't think that's the case.
        
           | mcrad wrote:
           | Right, and SBX's handlers are pushing the lie that the scam
           | doesn't effect the mainstream citizen / regular joe.
        
             | hoffs wrote:
             | Lmaoooo
        
           | angrycontrarian wrote:
           | > despite having donated to both parties extensively
           | 
           | > both
           | 
           | He was the second biggest donor to the DNC after George
           | Soros. I'm not aware of any RNC contributions.
        
             | wishfish wrote:
             | He admitted donating to Republican dark money groups. He
             | claims he donated roughly the same amount to conservative
             | causes as he did with Democratic orgs. Plus, another exec
             | in his organization, Ryan Salame, donated $24 million to
             | Republican candidates.
             | 
             | Between Sam's dark money donations and Ryan's $24 million,
             | it's possible Republicans received more FTX money than
             | Democrats. I don't know if that's true, but it's possible.
             | 
             | https://fortune.com/crypto/2022/11/29/sam-bankman-fried-
             | poli...
             | 
             | https://www.washingtonpost.com/opinions/2022/12/01/crypto-
             | po...
        
               | angrycontrarian wrote:
               | >claims
               | 
               | >it's possible
               | 
               | >I don't know if that's true, but it's possible.
               | 
               | Sounds an awful lot like a conspiracy theory, my dude.
        
               | wishfish wrote:
               | If you want to call Sam a liar, be my guest. But it's his
               | claim. Plus the $24 million from Ryan is documented.
               | 
               | If Sam isn't lying, then that's 40 million + 24 million =
               | 64 million to Republicans. Which is more than the roughly
               | 40 million to Democrats.
               | 
               | All of this is from public information and Sam's claims.
               | Where's the conspiracy theory, my dude?
        
               | MrPatan wrote:
               | > If you want to call Sam a liar
               | 
               | Yes
        
               | chrisco255 wrote:
               | Sam is a liar, that much is a widely documented fact.
               | That much is known. Your numbers are incomplete and
               | misleading.
               | 
               | We somehow know both SBF and Ryan Salame's personal
               | donations, and he claims dark money went to Republicans
               | but how much dark money went to Democrats? 0? What about
               | the other staffers at FTX? SBF has appeared in public
               | with Maxine Waters and Bill Clinton. His own mother is a
               | major Silicon Valley booster for the Democrats [1]. You
               | telling me no money made it to his own mother's Democrat
               | PAC?
               | 
               | Sam's public claims are not reliable. He is a
               | pathological liar. He manipulated his own accounting
               | books to make his company appear solvent for fundraising
               | purposes. You cannot trust the damage control PR of a
               | pathological liar.
               | 
               | [1] https://www.influencewatch.org/political-party/mind-
               | the-gap/
        
               | wishfish wrote:
               | These are the numbers we know. I can't assess the numbers
               | we don't know. That's why I was careful to use the words
               | "possible" and "not sure if this is true". I wasn't
               | trying to be misleading. I fully understood there might
               | be donations we don't know about. But I guess that was
               | for naught since you're calling me a liar anyways.
               | 
               | I would tend to believe him on the Republican dark money.
               | Sam needs all the help he can get right now. It makes
               | sense to make these donations public knowledge. Plus, in
               | the legalized bribery known as campaign donations, it
               | makes sense to donate to both sides. Most companies which
               | do political donations make donations to both. A few very
               | ideological execs will only donate to this side or that,
               | but Sam doesn't strike me as one of those.
               | 
               | Maybe I'm wrong. But I doubt it. The winning move is to
               | donate to both sides. If the Republicans received zero
               | from Sam, they'd have every reason to reveal this to the
               | world. To hurt Democrats and punish the guy who gave them
               | nothing. But the Republicans aren't doing this. Silence
               | to me is evidence that Sam gave at least part of what he
               | claimed.
               | 
               | As for the numbers we don't know, I'm not making any
               | claims. Maybe a billion went to Democratic PACs. Maybe
               | nothing did. Who knows? It's worthless making assessments
               | on this until further evidence comes out.
        
               | angrycontrarian wrote:
               | We're talking about a major political donor who just
               | defrauded people for billions of dollars, whose parents
               | are extremely well connected to the DNC and have actually
               | written a substantial amount of legislation put forward
               | by Democratic lawmakers, and who was sleeping with the
               | niece of the current head of the SEC who was appointed by
               | Biden. He has every single motivation to lie about this.
        
               | Animatronio wrote:
               | Now that's a conspiracy theory worthy of a movie with,
               | say, Aaron Taylor Johnson as SBF and Margot Robbie as his
               | gf (I think she should be pretty in the movie!)
        
               | freejazz wrote:
               | Oh my god dude, his parents are tax professors, you are
               | being so incredibly disingenuous with your posts and then
               | to hem and haw about conspiracy theories in response.
        
               | angrycontrarian wrote:
               | His mom _literally_ runs a major fundraising arm of the
               | DNC.
        
               | maxbond wrote:
               | And your view that his donations are relevant to his
               | prosecution - that's just "facts and logic", I suppose?
               | 
               | Tell me, if he and Democrats hatched a plan to avoid
               | prosecution. What would one call that? What crime would
               | this be?
        
             | nobody9999 wrote:
             | >I'm not aware of any RNC contributions.
             | 
             | Now you are.
             | 
             | https://www.foxbusiness.com/politics/ftx-founder-sam-
             | bankman...
             | 
             | https://www.coindesk.com/policy/2022/04/11/ftx-co-ceo-
             | donate...
        
               | angrycontrarian wrote:
               | So 0.6% of his overall contributions? Not even a full
               | percent?
        
               | mikeyouse wrote:
               | His co-president gave over $20M to republicans and some
               | republican congressmen were among his staunchest
               | defenders and were actively trying to prevent the SEC
               | from investigating. It would behoove people to read _a
               | little bit_ about the case before they start
               | pontificating on their pet conspiracy theories.
               | 
               | I saw elsewhere you're now claiming that SBF was sleeping
               | with Gensler's niece which is a straight lie as far as I
               | can tell? I think it's just a mistaken reference to
               | Caroline Ellison's dad working in a different department
               | at MIT when Gensler was there?
               | 
               | https://www.opensecrets.org/outside-
               | spending/donor_detail/20...
               | 
               | https://twitter.com/RepTomEmmer/status/150411790208094208
               | 4?
               | 
               | https://apnews.com/article/fact-check-sec-chair-ftx-ceo-
               | daug...
        
         | cmeacham98 wrote:
         | .
        
           | thepasswordis wrote:
           | No, he's in the Bahamas and yes is is a donor to the Bahamian
           | government.
        
         | insane_dreamer wrote:
         | it turns out he was smart enough to give to both parties,
         | knowing how power can change hands (not saying that giving to
         | either party was a good thing)
        
         | lavventura wrote:
         | What will happen when the party currently in charge change?
         | Will he still be untouchable?
        
           | mikeyouse wrote:
           | It's a dumb conspiracy in the first place -- he _was_ a large
           | donor to some congressional candidates, many of whom lost
           | (over $10M of his 2022 funds went to a losing candidate in an
           | Oregon primary). In any case, it 's obvious he has zero money
           | and zero future prospects to be politically useful so there's
           | no reason that anyone in charge would go out of their way to
           | "protect" him (contrary to someone like Corzine, Menendez or
           | Rick Scott).
           | 
           | These theories are just weird HN conspiracies to add mystique
           | to the very normal slow Federal justice process.
        
             | MrPatan wrote:
             | If you were a politician interested in getting more of that
             | sweet fraudster money, tell me, what would you do to send a
             | signal that you're open for business to the next batch of
             | fraudsters, hang the guy that paid you, or help him out?
             | 
             | Sure, this may just be bullshit, we dont know, etc etc, but
             | "he has no more money" is not a very good argument
        
           | frgtpsswrdlame wrote:
           | It's been coming out that he donated lots to them too so I
           | guess we'll see. My impression overall though is that he will
           | end up in jail, it's just going to take a while for everyone
           | who received his money to come to terms with the scale of his
           | fraud.
        
           | michaelbuckbee wrote:
           | Well, he claims to have given about as much to both parties
           | (just in different ways).
           | 
           | https://fortune.com/crypto/2022/11/29/sam-bankman-fried-
           | poli...
           | 
           | Cynically, this makes sense to me as what he was buying was
           | really lack of government oversight.
        
             | acdha wrote:
             | > Cynically, this makes sense to me as what he was buying
             | was really lack of government oversight.
             | 
             | Yeah, I think a lot of people forget that for something
             | like this he didn't need to actually get the government to
             | do anything: simply delaying action gave him the chance to
             | do hundreds of millions of dollars in fraud.
        
         | DennisP wrote:
         | He also is _part_ of the establishment, as a former Jane Street
         | trader.
        
       | oxff wrote:
       | Obviously corruption.
        
       | soumyadeb wrote:
       | This tweet explains it all
       | 
       | https://twitter.com/RepMaxineWaters/status/15986938112528752...
       | 
       | (For folks who don't know, Maxine is a congresswoman sitting on
       | U.S. House Committee on Financial Services)
        
         | NelsonMinar wrote:
         | well no, actually the linked article we're discussing explains
         | it all.
        
         | warinukraine wrote:
         | You know.... it might be time for a presidential candidate to
         | run on fighting corruption.
        
         | guelo wrote:
         | The US is corrupt but not that corrupt. There is separation of
         | powers between congress and the DOJ. And even within the
         | executive there are firewalls between the politicians and the
         | prosecutors.
        
           | deaddodo wrote:
           | > The US is corrupt but not that corrupt.
           | 
           | By that metric, every nation is corrupt and the term becomes
           | meaningless.
           | 
           | It would be like hyperbolically calling every person guilty
           | of physically injuring someone else a "murderer".
        
             | guelo wrote:
             | Every nation does have corruption. Corruption is not a
             | binary.
        
         | gjsman-1000 wrote:
         | 1 year ago: "We need to put reporting requirements on account
         | flow for all bank accounts worth more than $600 to avoid
         | billionaire corruption."
         | 
         | Now: "SBF, would you join us for tea and coffee at a cordial
         | executive meeting?"
        
           | maxbond wrote:
           | My reading is this is a very cordial invitation to hang
           | himself under oath. If you think SBF is guilty, than you have
           | to believe he'd be insane to "participate in a hearing." (If
           | you think he's innocent, it's still a crazy thing to do. I'd
           | encourage anyone who hasn't seen Don't Talk to the Police to
           | watch it. https://youtu.be/d-7o9xYp7eE )
        
             | soumyadeb wrote:
             | Not unless you know you will be asked about weather in the
             | Bahamas.
        
               | maxbond wrote:
               | Would you bet your liberty on it? For what upside?
               | 
               | Say Waters throws only softballs. Why wouldn't
               | Republicans on the committee seize the opportunity to
               | make her look foolish and compromised by throwing
               | hardballs?
        
             | mindslight wrote:
             | Most prosecutions don't involve playing coy with the
             | defendant in hopes they might be forthcoming with evidence
             | before things get all adversarial. There's no reason for
             | kid gloves, especially for this case with its clear cut set
             | up of fraud - the hard evidence is going to consist of
             | transaction logs and other digital files that need to be
             | preserved.
             | 
             | About the most generous interpretation you can give the
             | above tweet is the representative merely trying to get her
             | name in the spotlight on a current hip topic. But that
             | still begs the question of why she would want her name
             | anywhere near stories about a con man - it still seems as
             | if only some types of criminals need to be distanced from.
        
               | maxbond wrote:
               | Waters is not a prosecutor. She's on the financial
               | services committee; there's been a big disruption in the
               | finance world. It's pretty normal for the committee to
               | investigate it.
        
               | mindslight wrote:
               | Yes, I know that. The "big disruption" is that someone
               | committed simple fraud - SBF seemingly took money while
               | promising to act as its custodian, while actually
               | gambling with it behind the scenes. What's the meta issue
               | to be investigated and pondered here? Fraud is one of the
               | oldest crimes.
        
         | emmp wrote:
         | I mean Congress doesn't arrest people
        
           | rocket_surgeron wrote:
           | Technically speaking they can, but haven't since the 1800s.
           | 
           | https://supreme.justia.com/cases/federal/us/19/204/
           | 
           | Not applicable in this case, though.
        
           | deaddodo wrote:
           | In what way? They literally write and vote on the (Federal)
           | legislation that puts people in jail via the War on Drugs,
           | the War on Terrorism, various specific crimes, etc.
           | 
           | Or do you mean literally? Because they most definitely have
           | officers in both chambers of Congress and they're fully
           | empowered LEOs.
        
         | tedunangst wrote:
         | Crazy that NY mag would write a whole article when they could
         | have just clicked retweet.
        
           | jasonhansel wrote:
           | The NY Mag article argues _against_ that interpretation.
        
             | tptacek wrote:
             | He agrees. He's implying, reasonably, that the comment
             | above is fatuous.
        
               | jasonhansel wrote:
               | Ah, sorry, I think I didn't catch the sarcasm.
        
         | [deleted]
        
       | wubbert wrote:
        
       | sakopov wrote:
       | There are high-ranking government officials openly insider
       | trading without any investigations. We have a woman who's been
       | sentenced for sexual trafficking of minors to virtually "nobody
       | in particular". We now have multiple massive crypto scams go
       | completely over everyone's head because it's "internet nerd
       | money".
       | 
       | This complete inaction on behalf of authorities is really
       | starting to feel like any actual wrongdoing assumed by a normal
       | person is just a whacky conspiracy theory that gets swept under
       | the rug because nobody is getting punished for anything when the
       | trail seemingly leads to "the establishment" or whatever you
       | might call it. I mean, I feel a little kooky just typing all of
       | this out.
        
         | SoftTalker wrote:
         | It's always been this way. You just never knew it because it
         | wasn't covered by the very narrow view of the world that the
         | legacy news media presented.
        
       | TuringNYC wrote:
       | I read the article and was puzzled by this:
       | 
       | >> We have not seen anything like a real admission of criminal
       | conduct from SBF yet
       | 
       | He seems to have made many admissions, just in an "aw shucks i
       | mixed up the money and now its all disappeared" and this seems to
       | fall under "ignorance of the law isnt a defense of criminal
       | behavior"
        
       | 35amxn35 wrote:
        
       | scohesc wrote:
       | He hasn't been arrested yet because of one of the reasons below.:
       | 
       | - It's easier for the government to hunt down $600+ transactions
       | instead of trying to navigate their own obtuse, complicated tax
       | laws - wonder if that's intentional, but that's a tangent that
       | doesn't need to be explored
       | 
       | - SBF donated millions of dollars to DNC causes and (SBF-
       | admitted, which ANYBODY should take with a grain of salt since
       | the guy's a sneaky little liar) to RNC causes. Why would
       | politicians rush or push to prosecute someone who gave or could
       | give them more money in the future?
       | 
       | - SBF has family that's tied to major political movements (I
       | believe his mom runs/works for/with a larger financing arm of the
       | DNC).
       | 
       | - It simply takes a long time for the evidence to be gathered,
       | put on display, and have him sentenced/found guilty.
       | 
       | It is _VERY_ suspicious that most media outlets are being nice
       | and trying to whitewash this into obscurity. The dude "LOST" 1-2
       | billion dollars.
       | 
       | SBF should be under witness protection, at the very least - if
       | not jailed until trial.
       | 
       | The facetious, compulsively lying tech bro who only says "I'm
       | sorry" after literally stealing investors' money should quite
       | literally be barred from seeing the light of day ever again.
       | 
       | Not sure if SBF decided to run this racket for a self-corrupted
       | version of "citizen justice" against a broken and unfair economic
       | system, but he sure harmed a lot of innocent people in the
       | crossfire if that was the intent.
       | 
       | I wouldn't be surprised if he's able to disappear from the eyes
       | of the public due to the always-corporately-manipulated media
       | conglomerates.
        
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