SBF says US is criminalizing acts of dishonesty
One of the memos supporting Bankman-Fried's motion to dismiss repeatedly paints the FTX founder as being perhaps guilty of lying, but not guilty of violating US laws cited in his indictment.
That memo, for example, concedes that Bankman-Fried and co-conspirators lied on a US bank application to open an account to receive FTX customer deposits after the bank had previously rejected an honest application. But just because the bank "was deprived of the opportunity to conduct 'enhanced due diligence' and executive committee review before opening the account," that doesn't mean that Bankman-Fried committed bank fraud, his lawyers argued. To find him guilty of bank fraud, the US would have to prove that Bankman-Fried either deprived the bank of “moneys, funds, credits, assets, securities” or caused banks to risk suffering "economic harm" from losing the "right to control" access to its bank accounts, lawyers argued.
The same argument, lawyers wrote, applies to allegations that "Bankman-Fried engaged in a scheme to defraud Alameda’s lenders by providing them false and misleading information regarding Alameda’s financial condition" or wire fraud allegations that he "misused FTX customer funds by providing improper loans to Alameda."
"Simply making a false statement, by itself, does not constitute wire fraud unless it is made for the purpose of obtaining money or property from the victim of the fraud," Bankman-Fried's lawyers wrote..
