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Sam Bankman-Fried fails to dismiss criminal charges related to FTX
- Anon84 3y agohttps://archive.md/BtHKc https://archive.md/BtHKc
- EA-3167 3y agoA good lawyer always tries, but with SBF as a client you need a miracle worker, not an attorney.
- NovaDudely 3y agoMy partner was once one jury duty, said it was the most boring case ever because both sides basically agreed. The client was bonkers and they just needed to determine the punishment. When the folks you hire to defend you realise it is a situation worse than Sisyphus, you are going to do time.
- HWR_14 3y agoIf the case was "is this person insane", it's not basically agreeing at all.
- tnecniv 3y agoThis is a fairly common scenario for defense attorneys. I needed a lawyer for a misdemeanor charge (cop was having a bad day, the other cops that arrived on the scene seemed like they would have let me off with a warning but it was not their call). I was certainly guilty by the letter of the law and had no defense but the lawyer I was referred to from a friend of a friend negotiated with the prosecution and I plead guilty to a civil ordinance violation for disturbing the peace (basically a traffic ticket). He was able to do that because he knew what to bargain for based off of similar cases in my state. However, if it doesn’t get worked out pre-trial, that negotiation process still happens in the court room. When I met my lawyer, he mentioned a recent case he handled where the defendant had committed murder. There was no question that he did it, but the lawyer was proud that he was able to convince the court that his defendant was not of sound mind, which was the difference between going untreated and spending twenty-to-life in a state prison or spending that time getting treatment in a mental ward. While the latter isn’t exactly a cushy place to be, it is certainly better than being mentally unstable in gen pop.
- voz_ 3y agoStrong disagree. Murderers should be locked up, and the not-of-sound-mind defense is a weak excuse, and too often looked towards as a nice clean way to get away with murder.
- vosper 3y agoI'm pretty sure they were locked up, but in a mental ward getting treatment. There are mental wards that are as secure as prison.
- FireBeyond 3y agoThere absolutely are. I work as a paramedic and among other things we have a contract with the state run secure mental health facility which has people who are civilly committed, but also people who have been adjudged not fit to stand trial. It's also not entirely easy to get found not fit to stand trial - it's not just you and your lawyer and a friendly psychiatrist - the prosecution has the right to call its own mental health professionals and they are required to have access to the defendant, and more.
- cryptochamorro 3y agoI disagree. That no nuance stuff does exactly what you are wanting to avoid. Aside from that, the law must take into consideration one’s ability to reason because that is the method in which a jury finds facts.. based on reasonability. You wouldn’t convict someone who suffered from a mental handicap to a punishment that was equal to someone who did the same with full faculties, right?
- HWR_14 3y agoBeing locked up because you are insane and a threat to other is being locked up. The difference is there is no need to keep you in jail for a set amount of time as a deterrent. They keep you in the institution until you have been declared sane. Which could be much less than the jail term for a similar crime or until you die. You probably have "not of sound mind" and "temporary insanity" confused.
- 3y ago
- yodsanklai 3y ago> they just needed to determine the punishment Well, this is a pretty big. You don't want to serve more time than what is required, this is why we have lawyers.
- paulpauper 3y agoyeah from 201 years to only 100. this is still a win. he better hope his lawyer knows some silicon valley people and can hook his client with some life extension
- drexlspivey 3y ago> Michael Clayton : Mr. Greer, you left the scene of an accident on a slow week night, six miles from a state police barracks. Believe me. If there's a line, you're right up front. > Mr. Greer : I can get a lawyer any time I want. I don't need you for that. We're not sitting here for forty five minutes for a god damned referral. > Michael Clayton : I don't know what Walter promised you but... > Mr. Greer : A miracle worker. That's Walter on the phone twenty minutes ago. Direct quote, okay, "Hang tight, I'm sending you a miracle worker." > Michael Clayton : Well he misspoke. > Mr. Greer : About what? That you're the firms fixer? Or that you're any good at it? [explodes in anger] > Mr. Greer : The guy was RUNNING. In the STREET! You take that, you add the fog, you add the light, you add the... the angle. What the fuck is he doing running in the middle of the street at midnight? You answer me that, huh? [Mrs. Greer throws a glass across the room, there's a long pause] > Mr. Greer : What if someone had stolen the car? Huh? Happens all the time. > Michael Clayton : Cops like hit and runs. They work them hard and they clear them fast. Right now there's a DCI unit pulling paint chips off a guard rail. Tomorrow they're going to be looking for the owner of a custom painted hand rubbed Jaguar XJ12. If the guy you hit, if he got a look at the plates? It won't even take that long. [the phone rings] > Michael Clayton : There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple. The smaller the mess the easier it is for me to clean up.
- hodgesrm 3y agoOne of George Clooney's best films. Tilda Swinton was great as the overwhelmed, morally bankrupt exec.
- throw7 3y agoI saw this in the theater when it came out on a total whim not knowing a thing about it. Loved every second.
- maroonblazer 3y agoSUCH a great film and so underrated. Practically every scene is a study in brilliant acting, directing, and cinematography.
- LatteLazy 3y agoWith him you need payment in advance...
- sidewndr46 3y agoI think I could bend time and space before I could get charges against SBF dismissed.
- sebzim4500 3y agoHonestly a presidential pardon is the only hope at this point. He's donated to democrats so there is precedent[1]. [1] https://en.wikipedia.org/wiki/Marc_Rich https://en.wikipedia.org/wiki/Marc_Rich
- AlotOfReading 3y agoPardons are up to the individual president and Biden is notoriously stingy with them. He's only granted 6 out of thousands of petitions, mostly for drug charges. For context, Trump granted 237, many for securities fraud and related crimes. Obama granted 212 pardons for all sorts of things, but generally preferred commutations (>1700).
- paulpauper 3y agopardons tend to be issued in bulk on leaving office
- xienze 3y agoPresidents usually wait until the very end of their final term before _really_ issuing pardons (so questions about the really eyebrow-raising ones, and every president has at least a few, don’t dog them for the rest of their time in office). I would bet big money Biden issues just as many as Trump, Obama, Bush et al once it’s all said and done.
- DANmode 3y agoEvery President? or most?
- mulmen 3y agoCan we compare a sitting president to former presidents? I feel like pardons are something you do on the way out the door.
- deleted 3y ago[deleted]
- tibbydudeza 3y agoHe really needs a glove like OJ Simpson.
- belter 3y agoThe miracle already started to happen, as he is not in prison, but enjoying the comforts of home. Also without being blocked from using a computer.
- DonHopkins 3y agoOr a brain surgeon who could give him a lobotomy so he could declare himself mentally incompetent to stand trial.
- FreshStart 3y agoHe could represent himself like the president..
- mdotk 3y ago[flagged]
- vkou 3y agoThe judge's reasoning brings up an interesting fact about extradition. 1. SBF agreed (voluntarily!) to be extradited from the Bahamas to face ~X charges in the US. 2. After being extradited, he was charged with X + Y charges. 3. He claims that international extradition agreements make this illegal. 4. The judge ruled that, <citing precedent>, international extradition agreements allow the Bahamas to raise a complaint about this - but does not allow SBF to do so [1]. 5. US prosecutors have expressed that they are willing to drop the Y charges if the Bahamas raises a complaint in a timely fashion. 6. The Bahamas are incredibly unlikely to raise a complaint on this point. tl;dr - Expensive lawyers can force government prosecutors to dot all their is and cross their ts, but if they have you dead to rights, you're still screwed. SBF seems really, really screwed. [1] These parts of extradition treaties are generally very explicitly about the rights of countries, not the rights of individuals.
- babyshake 3y ago> 1. SBF agreed to be extradited from the Bahamas to face ~X charges in the US. Would it be more accurate to say that the Bahamas agreed to extradite SBF? If not, then it doesn't make sense why the Bahamas would need to complain about the additional charges instead of SBF if they weren't involved in the agreement. Although FWIW SBF is the last person who should be complaining about having the rug pulled from under them.
- danielfoster 3y agoSBF agreed to waive his right to fight extradition from the Bahamas in Bahamian court. This let the Bahamas make an agreement to extradite him.
- anonymousiam 3y agoHis team are just arguing everything that they can. It's likely that SBF was treated more poorly in a Bahamas prison than in a US prison. I recall that he waived extradition fairly quickly after being incarcerated there.
- julianz 3y agoNon-paywalled version from Reuters: https://www.reuters.com/legal/bankman-fried-loses-bid-toss-criminal-charges-over-ftxs-collapse-2023-06-27/ https://www.reuters.com/legal/bankman-fried-loses-bid-toss-c...
- top_sigrid 3y agoStill has an ad-blocker blocker. https://archive.md/BtHKc https://archive.md/BtHKc
- m3kw9 3y agoThere was a bunch of clowns spreading misinfo 2 weeks ago saying they dropped majority of the charges.
- Aeroi 3y agoaka the besties
- dfc 3y ago"Defendant fails to dismiss criminal charges" That sounds incorrect to me but I am not a lawyer. Is that how losing a motion to dismiss is discussed?
- Obscurity4340 3y agoWhat do you expect it to say? The only other thing I can think of is saying he failed to dismiss the indictment, but "charges" isn't that far off from that. Or is the present tense that's throwing you?
- dfc 3y agoDefendants do not dismiss charges. The court dismisses the charges.
- King-Aaron 3y ago> Try unlimited access > Only AU$1 for 4 weeks > Then AU$89 per month Hoooly crap that's an expensive subscription!
- tschwimmer 3y agoIt's geared towards businesses who can expense it.
- zoklet-enjoyer 3y ago1.95 USD/day. It's like buying a paper a day Edit: 69USD/month. I'd be better off using a VPN and getting the Aussie deal
- moralestapia 3y agoMore apples/oranges comparisons: it's also less than half of a $5 coffee, and a fraction of the cost of a new car!
- labster 3y agoAnd much smaller than Rhode Island.
- zoklet-enjoyer 3y ago
- RadixDLT 3y agobs story, ft try to make it seem like he's being charged, but quite the opposite is happening https://twitter.com/RetroCoast/status/1670605414377947138 https://twitter.com/RetroCoast/status/1670605414377947138 don't forget that ft is a friend of bankman fried, and they will lie to protect this guy
- OnlineGladiator 3y agoAlmost every response to that tweet is claiming it's false, and some are citing sources.
- semiquaver 3y agoOpinion: https://storage.courtlistener.com/recap/gov.uscourts.nysd.590939/gov.uscourts.nysd.590939.167.0_1.pdf https://storage.courtlistener.com/recap/gov.uscourts.nysd.59... Most of it is a dry discussion of why SBF’s motions to dismiss each count are meritless, but I found this bit interesting: > Second, the defendant argues that “the alleged conduct relevant to Counts Three and Four was predominantly foreign” and that the Commodity Exchange Act (“CEA”) cannot be applied to such extraterritorial conduct. > [...] > The indictment alleges that the defendant made false and misleading statements both in the United States and directed at U.S. customers. > [...] > Furthermore, the defendant allegedly made false and misleading statements on Twitter, a U.S.-based social media platform, including that FTX customer assets were “fine,” that FTX had “enough to cover all client holdings,” and that FTX did not “invest client assets (even in treasuries).” Pretty interesting that the ownership of a website would establish US criminal jurisdiction over comments made there. To be fair, the other reasons for denying this notion are that he also made fraudulent statements in Congressional testimony and Super Bowl ads (!) so the twitter part isn’t remotely necessary.
- Cold_Miserable 3y agoUS justice system failing again nicely I see. The average man would be rotting in jail and slowly wasting away.