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September 24, 2024
Caroline Ellison sentenced to two years in prison for her role in FTX collapse
As reported in this CNBC article, "Caroline Ellison, the star witness in the prosecution of her former boyfriend, FTX founder Sam Bankman-Fried, was sentenced Tuesday in New York federal court to two years in prison and ordered to forfeit $11 billion for her role in the massive fraud and conspiracy that doomed the cryptocurrency exchange once valued at $32 billion." Here is more about her sentencing:
The prison term was significantly stiffer than the recommendation by the federal Probation Department that Judge Lewis Kaplan sentence Ellison to three years of supervised release, with no time at all behind bars.
Defense lawyers also had requested a no-prison sentence for Ellison, who had run the hedge fund Alameda Research, which had received much of the $8 billion in customer funds looted by Bankman-Fried from FTX. The stolen money was used for Alameda’s trading operation and other purposes.
While Kaplan praised Ellison for her extensive cooperation with prosecutors — which led to the conviction of Bankman-Fried — the judge said her criminal sentence needed to deter other potential bad actors from committing fraud.
The judge said that the FTX case is probably the greatest financial fraud perpetrated in the history of the United States, and because of that a “literal get-out-of-jail-free card I can’t agree to,” Kaplan said in U.S. District Court in Manhattan, where Ellison’s parents and two sisters looked on from the courtroom’s gallery.
“I’ve seen a lot of cooperators over the years and I’ve never seen one quite like Miss Ellison,” said Kaplan, who also said he believed that Ellison was genuinely remorseful for her crimes and that her cooperation carried a steep price for her emotionally....
Ellison read from a statement in a shaky voice while crying at times as she apologized to the people she had hurt and said she was deeply ashamed. She also said she was sorry for being brave enough to walk away from FTX and Bankman-Fried....
Ellison reached a plea deal with prosecutors in December 2022, a month after FTX spiraled into bankruptcy. She pleaded guilty to conspiracy and financial fraud charges. Bankman-Fried, in contrast, chose to stand trial and was convicted of all seven criminal fraud charges against him in the same courthouse where she was sentenced.
He was sentenced to 25 years in prison in March and also was ordered to pay $11 billion in forfeiture by Kaplan. Bankman-Fried since then has appealed his conviction, and requested a new trial and a different judge, arguing that Kaplan was biased against him.
Two other former FTX executives, Gary Wang and Nishad Singh, are scheduled to be sentenced later this year. Like Ellison, they pleaded guilty instead of standing trial....
On Tuesday, before sentencing Ellison, Kaplan contrasted her conduct after she was charged with that of Bankman-Fried. While the FTX founder had denied criminal conduct, she cooperated with authorities, Kaplan noted. “It didn’t work out so well” for Bankman-Fried, in part because of Ellison’s cooperation, the judge said.
Both Bankman-Fried and Ellison had faced the same statutory maximum sentence of about 110 years in prison for their crimes. But defendants in criminal cases who cooperate with prosecutors instead of fighting the charges particularly in white-collar cases such as FTX, often receive leniency when they are sentenced.
A few prior related posts:
- Lawyers for Sam Bankman-Fried in lengthy memo request "a sentence that returns Sam promptly to a productive role in society"
- Feds argue in sentencing memo that "legitimate purposes of punishment require a sentence of 40 to 50 years’ imprisonment" for Sam Bankman-Fried
- Sam Bankman-Fried sentenced to 25 years in federal prison for his FTX frauds
- For executive connected to FTX collapse (and Sam Bankman-Fried's girlfriend), federal guidelines call for LWOP, but probation office recommends time served
- Feds praise Caroline Ellison's cooperation while refusing to suggest any specific sentence when federal guidelines recommend LWOP
September 24, 2024 at 05:56 PM | Permalink
Comments
Well, Caroline Ellison got her reward today for her full and quick cooperation with the Government, both in the criminal case and in the bankruptcy case. I had guessed that she might get a sentence of a year and a day, and I ended up not being far off the 2 years Judge Kaplan gave her. I suspect that Caroline's own attorneys told her that she was likely to get some time in prison, despite what the PSR requested ("time served"), just because of the amounts of money involved (many billions of dollars) and the number of victims. Caroline will probably serve her time in a women's Camp (possibly my hometown of Lexington, Kentucky, where there is a satellite women's camp at the Federal Medical Center for Men), where she will be around mostly civilized, non-violent women offenders. She will still be quite young following her release and can still have a good life ahead of her. It's just breathtaking, the way SBF seduced her and manipulated her. She was just so emotionally needy that she couldn't clearly see him for who and what he is.
Posted by: Jim Gormley | Sep 24, 2024 8:16:41 PM
I appreciate the need for a sizable cooperation discount, but this feels like a slap in the face to most non-privileged "ordinary" criminal defendants being sentenced in a federal court.
Posted by: Jason | Sep 24, 2024 8:23:34 PM
Actually, the part I find amazing is that SBF got away at 25 years. Compared with the life sentence both were looking at 25 is still quite a discount.
Posted by: Soronel Haetir | Sep 25, 2024 12:03:18 PM
I am glad to see her getting a small but nonzero amount of time. I would have preferred a little less, but overall, it seems appropriate.
Posted by: William Jockusch | Sep 25, 2024 3:14:41 PM
Do you have a link to Caroline Ellison’a sentencing memo?
Posted by: C | Sep 25, 2024 4:57:20 PM
Here: https://storage.courtlistener.com/recap/gov.uscourts.nysd.590940/gov.uscourts.nysd.590940.497.0.pdf
Posted by: Doug B | Sep 25, 2024 10:17:32 PM
Amazing that four Wilmer Hale attorneys are listed on that memo. Must have been costly - but worth it given the stakes.
Posted by: Da Man | Sep 27, 2024 8:35:38 AM