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Both testifying and “advice of counsel” defense are very risky hail Mary strategies. Defendants shouldn’t take the stand in fraud trials. He is probably going a
by nabla9 3y ago
Both testifying and “advice of counsel” defense are very risky hail Mary strategies. Defendants shouldn’t take the stand in fraud trials. He is probably going against the advice of his lawyers because he thinks he is smarter than them.
Testifying opens SBF to cross-examination. He is so arrogant that he thinks he will ace it, but evidence points towards him fumbling it.
“advice of counsel” defense waives the right to attorney-client privilege.
- actionablefiber 3y ago> He is probably going against the advice of his lawyers because he thinks he is smarter than them. I think it's a hail Mary. All his buddies were offered deals to flip on him because he was the big fish. There's no bigger fish for him to flip on, so prosecutors will throw the book at him, no reason to go easy. A conviction is pretty certain and would be pretty bad, so any strategy that could make things better but can't make things worse is ideal.