Podcasts about cahill gordon

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Best podcasts about cahill gordon

Latest podcast episodes about cahill gordon

The Humane Roundup
Christine Mott: Legal Eagle, Animal Ally, and Owl Whisperer (Episode 273)

The Humane Roundup

Play Episode Listen Later Jun 3, 2025 47:39


In this engaging episode of Keep it Humane: The Podcast, we're joined by Christine Mott, a powerhouse attorney, dedicated animal advocate, award-winning author, and strategic advisor. Christine brings a wealth of expertise from her work advising businesses and nonprofits on commercial contracts, governance, and corporate strategy. Her impressive client roster includes BlueNalu, Kadem Sustainable Impact Corporation, Catskill Animal Sanctuary, Lantern Publishing and Media, NADAP, and more.We dive into Christine's remarkable career journey, from her time as General Counsel at ICSC — where she oversaw all legal and governance issues for a 70,000-member trade association — to her earlier work at Cahill Gordon & Reindel LLP, where she represented global corporations and nonprofits in high-stakes litigation and investigations.Christine shares insights into the intersections of law, business, and animal welfare — from legislative advocacy for animal protection to her leadership as former Chair of the NYC Bar Association's Animal Law Committee. She also offers a behind-the-scenes look at her debut children's book, Free Bird: Flaco the Owl's Dreams Take Flight, inspired by the true story of Flaco the owl's flight to freedom.Whether you're interested in animal law, corporate governance, or creative storytelling, you'll find Christine's journey inspiring and thought-provoking. Tune in to hear how she's using her legal and creative talents to make the world a better place for both people and animals.

To the Extent That...
From Boardroom to Courtroom: Episode 1: The Case Of The $117 Million Crypto Hack

To the Extent That...

Play Episode Listen Later Jan 29, 2025 36:19


Host JW Verret interviews former SDNY prosecutor Sam Enzer about a $117 million crypto hack that happened in plain sight and led to fraud and market manipulation convictions for the perpetrator who bragged about his scheme on social media. JW Verret is a corporate and securities law professor at GMU Scalia Law School and regularly serves as a forensic accounting expert witness in white collar matters. Sam Enzer is a partner at Cahill Gordon & Reindel LLP and the founder and co-chair of CahillNXT, the Cahill firm's market-leading digital assets and emerging technology practice, where he has successfully guided numerous prominent crypto sector companies, entrepreneurs, founders and developers through “bet the company” civil litigations and high-stakes regulatory enforcement proceedings, criminal matters, internal corporate investigations, and corporate crises.

To the Extent That...
VC Law: Episode 32: Cryptocurrency update with Lewis Cohen, Partner and Co-Chair of CahillNXT

To the Extent That...

Play Episode Listen Later Oct 22, 2024 43:22


Host Gary J. Ross discusses the cryptocurrency space with Lewis R. Cohen, Partner and Co-Chair of Cahill Gordon's CahillNXT practice group. Lewis starts off the episode by defining certain terms commonly used in the cryptocurrency space, including crypto asset, native assets, and distributed ledger technology (DLT). Gary and Lewis go on to have a wide-ranging discussion that touches on NFTs, SAFTs and token warrants, decentralized autonomous organizations (“DAOs”), the SEC's Custody Rule and UCC Article 12, and the potential for future comprehensive cryptocurrency legislation.

Late Confirmation by CoinDesk
UNCHAINED: Why the SEC Lawsuit Against Consensys May Hold Little Ground

Late Confirmation by CoinDesk

Play Episode Listen Later Jul 10, 2024 64:28


Past rulings, such as the Coinbase and Binance cases, undermine the allegations made by Gary Gensler's agency in its lawsuit against Consensys.Listen to the episode on Apple Podcasts, Spotify, Pods, Fountain, Overcast, Podcast Addict, Pocket Casts, Amazon Music, or on your favorite podcast platform.In this episode, crypto lawyers Kayvan Sadeghi and Sam Enzer delve into the SEC's lawsuit against Consensys, which focuses on MetaMask's swaps and staking services, and explore the implications of the SEC's stance on MetaMask acting as a broker dealer and the classification of its staking product as a security. They discuss how recent rulings on Coinbase and Binance challenge the SEC's claims and whether differing judicial opinions could lead to the Supreme Court. Also, they talk about the potential impact of the Supreme Court striking down Chevron deference for crypto regulation.Show highlights:0:48 The key claims in the SEC's lawsuit against Consensys and how they relate to MetaMask's swaps and staking services3:34 How recent Coinbase and Binance rulings challenge the SEC's claims against Consensys09:41 Whether differing judicial opinions on whether wallets with private keys act as brokers could end up being decided by the Supreme Court decision 13:18 How the SEC will substantiate its claims that MetaMask acts as a broker dealer and that its staking product is a security in Texas legal briefings18:11 Why a token itself is not considered a security, according to Sam, and how this distinction affects secondary market transactions in the SEC's case against MetaMask22:51 What Lido and Rocket Pool can do in response to the SEC tangentially naming their liquid staking tokens as securities31:18 How the SEC and Consensys lawsuits will proceed, and whether conflicting rulings could arise from their parallel tracks36:37 The key distinctions in the Binance case compared to those of Coinbase and Kraken, and how the Binance ruling might impact future crypto cases50:48 What Chevron deference means and how its removal impacts crypto57:35 How the elimination of Chevron deference affects current crypto cases and legislative gridlockVisit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.comThank you to our sponsors!PolkadotGuests:Kayvan Sadeghi, partner at Jenner & BlockSam Enzer, partner at Cahill Gordon & ReindelPrevious episode of Unchained with Sam and Kayvan: SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseLinks | Previous coverage of Unchained on the Consensys lawsuit and staking regulation:Ethereum ETFs Likely Protect Ether From the SEC. But What About Staked ETH?Why the SEC May Not Be Done in Its Legal Battles Over EthereumThe SEC Ends Its Ethereum 2.0 Investigation, but Staking Isn't in the ClearUnchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
Why the SEC Lawsuit Against Consensys May Hold Little Ground - Ep. 671

Unchained

Play Episode Listen Later Jul 9, 2024 70:01


In this episode, crypto lawyers Kayvan Sadeghi and Sam Enzer delve into the SEC's lawsuit against Consensys, which focuses on MetaMask's swaps and staking services, and explore the implications of the SEC's stance on MetaMask acting as a broker-dealer, and the classification of its staking product as a security.  They discuss how recent rulings on Coinbase and Binance challenge the SEC's claims, and whether differing judicial opinions could lead to the Supreme Court.  Also, they talk about the potential impact of the Supreme Court striking down Chevron deference for crypto regulation. Show highlights: 00:00 Intro 01:22 The key claims in the SEC's lawsuit against Consensys and how they relate to MetaMask's swaps and staking services 03:42 How recent Coinbase and Binance rulings challenge the SEC's claims against Consensys 09:29 Whether differing judicial opinions on whether wallets with private keys act as brokers could end up being decided by the Supreme Court 12:55 How the SEC will substantiate its claims that MetaMask acts as a broker-dealer and that its staking product is a security in Texas legal briefings 17:42 Why a token itself is not considered a security, according to Sam, and how this distinction affects secondary market transactions in the SEC's case against MetaMask 22:14 What Lido and Rocket Pool can do in response to the SEC tangentially naming their liquid staking tokens as securities 31:27 How the SEC and Consensys lawsuits will proceed, and whether conflicting rulings could arise from their parallel tracks 36:35 The key distinctions in the Binance case compared to those of Coinbase and Kraken, and how the Binance ruling might impact future crypto cases 50:08 What Chevron deference means and how its removal impacts crypto 56:49 How the elimination of Chevron deference affects current crypto cases and legislative gridlock Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! Polkadot Guests: Kayvan Sadeghi, partner at Jenner & Block Sam Enzer, partner at Cahill Gordon & Reindel Previous episode of Unchained with Sam and Kayvan: SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
Why the SEC Lawsuit Against Consensys May Hold Little Ground - Ep. 671

Unchained

Play Episode Listen Later Jul 9, 2024 70:01


In this episode, crypto lawyers Kayvan Sadeghi and Sam Enzer delve into the SEC's lawsuit against Consensys, which focuses on MetaMask's swaps and staking services, and explore the implications of the SEC's stance on MetaMask acting as a broker-dealer, and the classification of its staking product as a security.  They discuss how recent rulings on Coinbase and Binance challenge the SEC's claims, and whether differing judicial opinions could lead to the Supreme Court.  Also, they talk about the potential impact of the Supreme Court striking down Chevron deference for crypto regulation. Show highlights: 00:00 Intro 01:22 The key claims in the SEC's lawsuit against Consensys and how they relate to MetaMask's swaps and staking services 03:42 How recent Coinbase and Binance rulings challenge the SEC's claims against Consensys 09:29 Whether differing judicial opinions on whether wallets with private keys act as brokers could end up being decided by the Supreme Court 12:55 How the SEC will substantiate its claims that MetaMask acts as a broker-dealer and that its staking product is a security in Texas legal briefings 17:42 Why a token itself is not considered a security, according to Sam, and how this distinction affects secondary market transactions in the SEC's case against MetaMask 22:14 What Lido and Rocket Pool can do in response to the SEC tangentially naming their liquid staking tokens as securities 31:27 How the SEC and Consensys lawsuits will proceed, and whether conflicting rulings could arise from their parallel tracks 36:35 The key distinctions in the Binance case compared to those of Coinbase and Kraken, and how the Binance ruling might impact future crypto cases 50:08 What Chevron deference means and how its removal impacts crypto 56:49 How the elimination of Chevron deference affects current crypto cases and legislative gridlock Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! Polkadot Guests: Kayvan Sadeghi, partner at Jenner & Block Sam Enzer, partner at Cahill Gordon & Reindel Previous episode of Unchained with Sam and Kayvan: SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: The SEC Ends Its Ethereum 2.0 Investigation, but Staking Isn't in the Clear

Late Confirmation by CoinDesk

Play Episode Listen Later Jun 26, 2024 68:41


The SEC won't pursue enforcement against Ethereum 2.0, but why? How much of a role did politics play? And where does that leave staking and court cases involving companies such as Consensys and Coinbase? Listen to the episode on Apple Podcasts, Spotify, Pods, Fountain, Overcast, Podcast Addict, Pocket Casts, Amazon Music, or on your favorite podcast platform.Last week, Consensys revealed that the SEC had concluded an investigation into Ethereum 2.0, referring to when Ethereum transitioned from a proof-of-work consensus mechanism to a proof-of-stake one.In this episode, Laura Brookover, senior counsel & head of litigation and investigations at Consensys, and Sam Enzer, partner at Cahill Gordon & Reindel, explore the implications of this decision on Ether's status as a commodity versus a security, and why the SEC dropped the pursuit, including whether the shifting political winds played a role. For instance, how much of the decision was influenced by the ETH ETF approvals, Democrats crossing party lines to vote for FIT21 and the repeal of SAB 121, and/or SEC crypto enforcement chief David Hirsch's resignation? In this discussion, they also explained why the closure doesn't necessarily mean that staking, or restaking, is safe from the SEC. Plus, what's the impact of this closure on the other big crypto cases, such as Coinbase, Kraken, Uniswap, and Ripple? Show highlights:How Consensys managed to get the SEC to reveal that it had concluded its investigation into Ethereum 2.0, and the significance of that moveThe SEC's possible reasoning behind investigating Ethereum after it had switched to proof of stakeHow uncommon is it for the SEC to send a letter concluding an investigation like the one into EthereumWhether recent events around crypto as an election issue, the ETH ETF approvals, votes for FIT21 and the repeal of SAB 121, and David Hirsch's resignation, might be connected to the decision to close this investigationWhether the Biden administration has shifted its stance on crypto and whether Gensler should remain as chairHow the SEC might still go after stakingWhether restaking, such as pioneered by EigenLayer, is safe from regulatory actionsWhy the SEC might be pursuing different judgments in various jurisdictions for MetaMask and Coinbase WalletWhat crucial evidence from the closed Ethereum 2.0 investigation could strengthen Coinbase's defense in its ongoing lawsuitWhy the SEC's aggressive stance on various crypto enforcement actions seems to remain unchanged despite closing the Ethereum 2.0 investigationWhy Sam and Laura believe Solana should not be considered a security, despite the SEC naming it as such in various crypto casesHow the SEC's argument about an “ecosystem” is nonsensical, according to Laura BrookoverWhat the implications of the closed investigation are for the cases of Kraken and RippleWhat Sam and Laura B. are watching out for in terms of regulation and ongoing legal casesVisit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.comThank you to our sponsors!PolkadotGuests:Laura Brookover, Senior Counsel & Head of Litigation and Investigations at ConsensysPrevious appearance on Unchained: Consensys's Lawsuit Against The SEC: Will It End Gensler's ‘Unlawful Power Grab'?Sam Enzer, Partner at Cahill Gordon & ReindelPrevious appearances on Unchained:The Real Reason Why the SEC Might Be Going After EthereumHow 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison SentenceWhy the SEC's Case Against Coinbase Is So Significant for CryptoWhy SBF's Testimony So Far Has Likely Already Doomed HimAnother Bad Week for Sam Bankman-Fried in His Criminal TrialWhy These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifySBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial?LinksEthereum ‘Survives the SEC'Consensys announcement blog Consensys' threadLaura Brookover's tweet on the investigation being closed.Investigation Termination LetterFortune: Ethereum wins a major battle, but its war with the SEC is far from over CNBC: Consensys' head of litigation provides new details after SEC closes probe into crypto firmConsensys lawsuit against the SECOriginal Press ReleaseConsensys V. Gensler Et. Al ComplaintConsensys's March 29 comment letter to SEC on proof-of-stakeEther ETFsCoinDesk: Ether ETFs Should Be Fully Approved by September, Says SEC Chair GenslerLatest on other SEC enforcement actionsccn.com: SEC vs Kraken: Judge “Inclined to Deny” Motion to Dismiss CaseUniswap Response to Wells Notice CoinDesk: Coinbase Loses Most of Motion to Dismiss SEC Lawsuit, (Mar 27)Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
The SEC Ends Its Ethereum 2.0 Investigation, but Staking Isn't in the Clear - Ep. 665

Unchained

Play Episode Listen Later Jun 25, 2024 74:13


Last week, Consensys revealed that the SEC had concluded an investigation into Ethereum 2.0, referring to when Ethereum transitioned from a proof-of-work consensus mechanism to a proof-of-stake one. In this episode, Laura Brookover, senior counsel & head of litigation and investigations at Consensys, and Sam Enzer, partner at Cahill Gordon & Reindel, explore the implications of this decision on Ether's status as a commodity versus a security, and why the SEC dropped the pursuit, including whether the shifting political winds played a role. For instance, how much of the decision was influenced by the ETH ETF approvals, Democrats crossing party lines to vote for FIT21 and the repeal of SAB 121, and/or SEC crypto enforcement chief David Hirsch's resignation?  In this discussion, they also explained why the closure doesn't necessarily mean that staking, or restaking, is safe from the SEC. Plus, what's the impact of this closure on the other big crypto cases, such as Coinbase, Kraken, Uniswap, and Ripple? Show highlights: 02:13 How Consensys managed to get the SEC to reveal that it had concluded its investigation into Ethereum 2.0, and the significance of that move 08:14 The SEC's possible reasoning behind investigating Ethereum after it had switched to proof of stake 15:19 How uncommon is it for the SEC to send a letter concluding an investigation like the one into Ethereum 18:45 Whether recent events around crypto as an election issue, the ETH ETF approvals, votes for FIT21 and the repeal of SAB121, and David Hirsch's resignation, might be connected to the decision to close this investigation 29:03 Whether the Biden administration has shifted its stance on crypto and whether Gensler should remain as chair 33:24 How the SEC might still go after staking 37:18 Whether restaking, such as pioneered by EigenLayer, is safe from regulatory actions 39:13 Why the SEC might be pursuing different judgments in various jurisdictions for MetaMask and Coinbase Wallet 44:24 What crucial evidence from the closed Ethereum 2.0 investigation could strengthen Coinbase's defense in its ongoing lawsuit 47:58 Why the SEC's aggressive stance on various crypto enforcement actions seems to remain unchanged despite closing the Ethereum 2.0 investigation 52:13 Why Sam and Laura believe Solana should not be considered a security, despite the SEC naming it as such in various crypto cases 58:13 How the SEC's argument about an “ecosystem” is nonsensical, according to Laura Brookover 01:00:31 What the implications of the closed investigation are for the cases of Kraken and Ripple 01:04:58 What Sam and Laura B. are watching out for in terms of regulation and ongoing legal cases Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! Polkadot Guests: Laura Brookover, Senior Counsel & Head of Litigation and Investigations at Consensys Previous appearance on Unchained: Consensys's Lawsuit Against The SEC: Will It End Gensler's ‘Unlawful Power Grab'? Sam Enzer, Partner at Cahill Gordon & Reindel Previous appearances on Unchained: The Real Reason Why the SEC Might Be Going After Ethereum How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence Why the SEC's Case Against Coinbase Is So Significant for Crypto Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? For more links visit UnchainedCrypto.com Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
The SEC Ends Its Ethereum 2.0 Investigation, but Staking Isn't in the Clear - Ep. 665

Unchained

Play Episode Listen Later Jun 25, 2024 74:13


Last week, Consensys revealed that the SEC had concluded an investigation into Ethereum 2.0, referring to when Ethereum transitioned from a proof-of-work consensus mechanism to a proof-of-stake one. In this episode, Laura Brookover, senior counsel & head of litigation and investigations at Consensys, and Sam Enzer, partner at Cahill Gordon & Reindel, explore the implications of this decision on Ether's status as a commodity versus a security, and why the SEC dropped the pursuit, including whether the shifting political winds played a role. For instance, how much of the decision was influenced by the ETH ETF approvals, Democrats crossing party lines to vote for FIT21 and the repeal of SAB 121, and/or SEC crypto enforcement chief David Hirsch's resignation?  In this discussion, they also explained why the closure doesn't necessarily mean that staking, or restaking, is safe from the SEC. Plus, what's the impact of this closure on the other big crypto cases, such as Coinbase, Kraken, Uniswap, and Ripple? Show highlights: 02:13 How Consensys managed to get the SEC to reveal that it had concluded its investigation into Ethereum 2.0, and the significance of that move 08:14 The SEC's possible reasoning behind investigating Ethereum after it had switched to proof of stake 15:19 How uncommon is it for the SEC to send a letter concluding an investigation like the one into Ethereum 18:45 Whether recent events around crypto as an election issue, the ETH ETF approvals, votes for FIT21 and the repeal of SAB121, and David Hirsch's resignation, might be connected to the decision to close this investigation 29:03 Whether the Biden administration has shifted its stance on crypto and whether Gensler should remain as chair 33:24 How the SEC might still go after staking 37:18 Whether restaking, such as pioneered by EigenLayer, is safe from regulatory actions 39:13 Why the SEC might be pursuing different judgments in various jurisdictions for MetaMask and Coinbase Wallet 44:24 What crucial evidence from the closed Ethereum 2.0 investigation could strengthen Coinbase's defense in its ongoing lawsuit 47:58 Why the SEC's aggressive stance on various crypto enforcement actions seems to remain unchanged despite closing the Ethereum 2.0 investigation 52:13 Why Sam and Laura believe Solana should not be considered a security, despite the SEC naming it as such in various crypto cases 58:13 How the SEC's argument about an “ecosystem” is nonsensical, according to Laura Brookover 01:00:31 What the implications of the closed investigation are for the cases of Kraken and Ripple 01:04:58 What Sam and Laura B. are watching out for in terms of regulation and ongoing legal cases Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! Polkadot Guests: Laura Brookover, Senior Counsel & Head of Litigation and Investigations at Consensys Previous appearance on Unchained: Consensys's Lawsuit Against The SEC: Will It End Gensler's ‘Unlawful Power Grab'? Sam Enzer, Partner at Cahill Gordon & Reindel Previous appearances on Unchained: The Real Reason Why the SEC Might Be Going After Ethereum How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence Why the SEC's Case Against Coinbase Is So Significant for Crypto Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? For more links visit UnchainedCrypto.com Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: The Real Reason Why the SEC Might Be Going After Ethereum

Late Confirmation by CoinDesk

Play Episode Listen Later Apr 3, 2024 80:08


Why might the SEC investigate the Ethereum Foundation, even though the agency has previously affirmed that ETH is a commodity? Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.On March 20, Fortune reported that the SEC was investigating the Ethereum Foundation and was looking for legal ways to label ETH as a security.Sam Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLx Law joined Laura to discuss everything about the investigation and its implications. The guests speculate about the hidden motivations behind the SEC's investigation and discuss the likelihood of the approval of spot Ether ETFs. They also discuss the recent ruling in the SEC vs Coinbase case, where the judge dismissed claims that Coinbase's wallet was acting as an unregistered brokerage, but allowed the rest of the suit to proceed. Lastly, they touch on the devastating impact on the crypto industry if the SEC were to win a case alleging ETHer is a security and what they are looking out for in the next couple of weeks and months.Show highlights:Whether the investigation into the Ethereum Foundation is confirmed and why the SEC would do thisWhy Sam Enzer believes that the SEC would be "utterly wrong and ridiculous" in alleging ETH is a securityWhether the number of people working on Ethereum could make the argument that it is decentralizedHow would the SEC justify that ETH is a security and whether the Foundation is running Ethereum's managerial effortsWhether the SEC is looking for evidence to deny spot ether ETFsWhy SEC chair Gary Gensler has changed his mind on many of his previous stances regarding crypto assets and whether he's acting in good faithThe ongoing battle between the SEC and the CFTC and the need for Congress to regulate the industryWhat the possible outcome of this investigation could be, and whether we'll have a court case soonWhat the impact would be if ETH were classified a securityWhether Prometheum could launch its platform offering custody of ETH as a security before an SEC designationWhy Sam believes that the spot ETH ETFs will be denied on May 23rdHow the SEC has already made up its mind even before gathering the facts, according to SamWhether the recent judgment on Coinbase's case affects the potential case against the EFWhether Ethereum transactions are security transactions, and the difference between primary and secondary salesWhat to expect in terms of regulation and enforcement actions in the short term, given the number of cases at the momentThank you to our sponsors! PolkadotGuests:Sam Enzer, Partner at Cahill Gordon & ReindelPrevious appearances on Unchained:How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison SentenceWhy the SEC's Case Against Coinbase Is So Significant for CryptoWhy SBF's Testimony So Far Has Likely Already Doomed HimAnother Bad Week for Sam Bankman-Fried in His Criminal TrialWhy These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifySBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial?Greg Strong, partner at DLx LawPrevious appearance on Unchained: Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifyLinksEthereum Foundation investigation:Fortune: SEC probing crypto companies in ETHereum investigation as hopes for ETF dimCoinDesk: Ethereum Foundation Faces Inquiry From a Government; Fortune Says SEC Investigating ETHUnchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a SecurityUnchained: SEC Investigating Ethereum Foundation Regarding Proof-of-Stake Transition: Report Ethereum's security statusUnchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a SecurityFortune: SEC's Gensler seen telling hedge funds that Ethereum and Litecoin are ‘not securities' in 2018 videoCNBC: SEC Chair Gary Gensler on potential Crypto regulation: It's within the securities lawsSEC Chair Gary Gensler discusses potential crypto regulation and stablecoinsCoinDesk: SEC Chair Gensler Declines to Say if ETHer Is a Security in Contentious Congressional HearingDecrypt: Is Ethereum a Security? SEC Chair Gary Gensler Defers on the QuestionWSJ: ETHer's New ‘Staking' Model Could Draw SEC AttentionFormer SEC director William Hinman has stated that he believes Ethereum is not a securityJune 2018 speechEmails that made public during the Ripple case.Coinbase caseUnchained: Court Rejects Coinbase's Bid to Dismiss SEC Charges Against ItPrometheumCoinDesk: House Republicans Demand SEC Explain What's Up With Crypto Platform Prometheum Unchained: Aaron Kaplan Scoffs at Legal Tenets of Crypto, But Gives Few Details About PrometheumOther SEC/crypto newsThe Block: DeFi Education Fund and Texas apparel company Beba take SEC to court over 'regulating by enforcement' stanceUnchained: Gensler's Gamble: SEC Targets Ripple With $2 Billion Fine in High-Stakes Enforcement PushBloomberg: SEC Blasted by Judge for 'Abuse of Power' in Crypto Case Against DEBT BoxReuters: US SEC seeks $2 billion from Ripple Labs, chief legal officer says-Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
The Real Reason Why the SEC Might Be Going After Ethereum - Ep. 627

Unchained

Play Episode Listen Later Apr 2, 2024 83:40


On March 20, Fortune reported that the SEC was investigating the Ethereum Foundation and was looking for legal ways to label ETH as a security. Sam Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLx Law joined Laura to discuss everything about the investigation and its implications.   The guests speculate about the hidden motivations behind the SEC's investigation and discuss the likelihood of the approval of spot Ether ETFs. They also discuss the recent ruling in the SEC vs Coinbase case, where the judge dismissed claims that Coinbase's wallet was acting as an unregistered brokerage, but allowed the rest of the suit to proceed.  Lastly, they touch on the devastating impact on the crypto industry if the SEC were to win a case alleging ETH is a security and what they are looking out for in the next couple of weeks and months. Show highlights: Whether the investigation into the Ethereum Foundation is confirmed and why the SEC would do this Why Sam Enzer believes that the SEC would be "utterly wrong and ridiculous" in alleging ETH is a security Whether the number of people working on Ethereum could make the argument that it is decentralized How would the SEC justify that ETH is a security and whether the Foundation is running Ethereum's managerial efforts Whether the SEC is looking for evidence to deny spot ether ETFs Why SEC chair Gary Gensler has changed his mind on many of his previous stances regarding crypto assets and whether he's acting in good faith The ongoing battle between the SEC and the CFTC and the need for Congress to regulate the industry What the possible outcome of this investigation could be, and whether we'll have a court case soon What the impact would be if ETH were classified a security Whether Prometheum could launch its platform offering custody of ETH as a security before an SEC designation Why Sam believes that the spot ETH ETFs will be denied on May 23rd How the SEC has already made up its mind even before gathering the facts, according to Sam Whether the recent judgment on Coinbase's case affects the potential case against the EF Whether Ethereum transactions are security transactions, and the difference between primary and secondary sales What to expect in terms of regulation and enforcement actions in the short term, given the number of cases at the moment Thank you to our sponsors! Polkadot Guests: Sam Enzer, Partner at Cahill Gordon & Reindel Previous appearances on Unchained: How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence Why the SEC's Case Against Coinbase Is So Significant for Crypto Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? Greg Strong, partner at DLx Law Previous appearance on Unchained: Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify Links Ethereum Foundation investigation: Fortune: SEC probing crypto companies in Ethereum investigation as hopes for ETF dim CoinDesk: Ethereum Foundation Faces Inquiry From a Government; Fortune Says SEC Investigating ETH Unchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a Security Unchained: SEC Investigating Ethereum Foundation Regarding Proof-of-Stake Transition: Report  Ethereum's security status Unchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a Security Fortune: SEC's Gensler seen telling hedge funds that Ethereum and Litecoin are ‘not securities' in 2018 video CNBC:  SEC Chair Gary Gensler on potential Crypto regulation: It's within the securities laws SEC Chair Gary Gensler discusses potential crypto regulation and stablecoins For more details and links, visit Unchained Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
The Real Reason Why the SEC Might Be Going After Ethereum - Ep. 627

Unchained

Play Episode Listen Later Apr 2, 2024 83:40


On March 20, Fortune reported that the SEC was investigating the Ethereum Foundation and was looking for legal ways to label ETH as a security. Sam Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLx Law joined Laura to discuss everything about the investigation and its implications.   The guests speculate about the hidden motivations behind the SEC's investigation and discuss the likelihood of the approval of spot Ether ETFs. They also discuss the recent ruling in the SEC vs Coinbase case, where the judge dismissed claims that Coinbase's wallet was acting as an unregistered brokerage, but allowed the rest of the suit to proceed.  Lastly, they touch on the devastating impact on the crypto industry if the SEC were to win a case alleging ETH is a security and what they are looking out for in the next couple of weeks and months. Show highlights: Whether the investigation into the Ethereum Foundation is confirmed and why the SEC would do this Why Sam Enzer believes that the SEC would be "utterly wrong and ridiculous" in alleging ETH is a security Whether the number of people working on Ethereum could make the argument that it is decentralized How would the SEC justify that ETH is a security and whether the Foundation is running Ethereum's managerial efforts Whether the SEC is looking for evidence to deny spot ether ETFs Why SEC chair Gary Gensler has changed his mind on many of his previous stances regarding crypto assets and whether he's acting in good faith The ongoing battle between the SEC and the CFTC and the need for Congress to regulate the industry What the possible outcome of this investigation could be, and whether we'll have a court case soon What the impact would be if ETH were classified a security Whether Prometheum could launch its platform offering custody of ETH as a security before an SEC designation Why Sam believes that the spot ETH ETFs will be denied on May 23rd How the SEC has already made up its mind even before gathering the facts, according to Sam Whether the recent judgment on Coinbase's case affects the potential case against the EF Whether Ethereum transactions are security transactions, and the difference between primary and secondary sales What to expect in terms of regulation and enforcement actions in the short term, given the number of cases at the moment Thank you to our sponsors! Polkadot Guests: Sam Enzer, Partner at Cahill Gordon & Reindel Previous appearances on Unchained: How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence Why the SEC's Case Against Coinbase Is So Significant for Crypto Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? Greg Strong, partner at DLx Law Previous appearance on Unchained: Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify Links Ethereum Foundation investigation: Fortune: SEC probing crypto companies in Ethereum investigation as hopes for ETF dim CoinDesk: Ethereum Foundation Faces Inquiry From a Government; Fortune Says SEC Investigating ETH Unchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a Security Unchained: SEC Investigating Ethereum Foundation Regarding Proof-of-Stake Transition: Report  Ethereum's security status Unchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a Security Fortune: SEC's Gensler seen telling hedge funds that Ethereum and Litecoin are ‘not securities' in 2018 video CNBC:  SEC Chair Gary Gensler on potential Crypto regulation: It's within the securities laws SEC Chair Gary Gensler discusses potential crypto regulation and stablecoins For more details and links, visit Unchained Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence

Late Confirmation by CoinDesk

Play Episode Listen Later Mar 30, 2024 46:19


Get the scoops on all the details of former FTX CEO Sam Bankman-Fried's 25-year prison sentence, plus the other conditions of punishment. Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.Sam Bankman-Fried (SBF), FTX's co-founder, was sentenced to 25 years in prison and $11 billion in forfeiture for massive fraud, marking a historic moment in the crypto industry. Judge Lewis Kaplan emphasized the sentence's necessity due to Bankman-Fried's risk-oriented decision-making philosophy known as “expected value” and lack of remorse. Sam Enzer joined Unchained to unpack the sentencing, discussing the fairness of the length, explaining how the $11 billion forfeiture would work and how it's different from the bankruptcy proceedings. Additionally, Enzer provided insights into the kind of prison SBF would end up in and into the three-year supervised release SBF will face after his prison term. The conversation further delved into the broader impact of the sentencing on the crypto industry, suggesting it could signify the end of a dark chapter. Show highlights: Whether the 25-year sentence is fair, according to SamWhat the $11 billion in forfeiture means for SBFWhether the assets of SBF actually belong to the FTX estateWhere SBF will likely go to prison and why Sam believes that SBF will not go to a maximum security prisonWhen the clock starts ticking for the 25-year sentenceWhy SBF will not be eligible for parole and whether he could get "good time credit"What the defense will attempt in appealing the convictionWhat types of behavior could get SBF enough credit to appeal for a reduced sentenceWhy SBF will have to be supervised for three years after his releaseHow SBF's philosophy about “expected value,” was the theme of the crime, according to Judge KaplanWhether the co-conspirators, such as Caroline Ellison, will be sentenced and serve in prisonWhy Sam says that the sentencing represented "the closing of a dark chapter" in cryptoThank you to our sponsors! iTrustCapital | PolkadotGuestSam Enzer, Partner at Cahill Gordon & ReindelPrevious appearances on Unchained:Why the SEC's Case Against Coinbase Is So Significant for CryptoWhy SBF's Testimony So Far Has Likely Already Doomed HimAnother Bad Week for Sam Bankman-Fried in His Criminal TrialWhy These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifySBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial?LinksUnchained: FTX Founder Sam Bankman-Fried Sentenced to 25 Years for Historic FraudSBF's Prison Sentencing Is Coming Up. How Many Years Will He Get?Is Prison Crypto's New Glow-Up? Post-Incarceration Do Kwon and SBF Are AdmiredWhat to Expect from Sam Bankman-Fried's Sentencing – and the Lessons We Should LearnHow Sam Bankman-Fried's Sentencing Went Down: A Timeline of Events -Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence - Ep. 626

Unchained

Play Episode Listen Later Mar 29, 2024 49:22


Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Sam Bankman-Fried (SBF), FTX's co-founder, was sentenced to 25 years in prison and $11 billion in forfeiture for massive fraud, marking a historic moment in the crypto industry. Judge Lewis Kaplan emphasized the sentence's necessity due to Bankman-Fried's risk-oriented decision-making philosophy known as “expected value” and lack of remorse.  Sam Enzer joined Unchained to unpack the sentencing, discussing the fairness of the length, explaining how the $11 billion forfeiture would work and how it's different from the bankruptcy proceedings. Additionally, Enzer provided insights into the kind of prison SBF would end up in and into the three-year supervised release SBF will face after his prison term. The conversation further delved into the broader impact of the sentencing on the crypto industry, suggesting it could signify the end of a dark chapter.  Show highlights: Whether the 25-year sentence is fair, according to Sam What the $11 billion in forfeiture means for SBF Whether the assets of SBF actually belong to the FTX estate Where SBF will likely go to prison and why Sam believes that SBF will not go to a maximum security prison When the clock starts ticking for the 25-year sentence Why SBF will not be eligible for parole and whether he could get "good time credit" What the defense will attempt in appealing the conviction What types of behavior could get SBF enough credit to appeal for a reduced sentence Why SBF will have to be supervised for three years after his release How SBF's philosophy about “expected value,” was the theme of the crime, according to Judge Kaplan Whether the co-conspirators, such as Caroline Ellison, will be sentenced and serve in prison Why Sam says that the sentencing represented "the closing of a dark chapter" in crypto Thank you to our sponsors! iTrustCapital Polkadot Guest Sam Enzer, Partner at Cahill Gordon & Reindel Previous appearances on Unchained: Why the SEC's Case Against Coinbase Is So Significant for Crypto Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? Links Unchained:  FTX Founder Sam Bankman-Fried Sentenced to 25 Years for Historic Fraud SBF's Prison Sentencing Is Coming Up. How Many Years Will He Get? Is Prison Crypto's New Glow-Up? Post-Incarceration Do Kwon and SBF Are Admired What to Expect from Sam Bankman-Fried's Sentencing – and the Lessons We Should Learn Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence - Ep. 626

Unchained

Play Episode Listen Later Mar 29, 2024 49:22


Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Sam Bankman-Fried (SBF), FTX's co-founder, was sentenced to 25 years in prison and $11 billion in forfeiture for massive fraud, marking a historic moment in the crypto industry. Judge Lewis Kaplan emphasized the sentence's necessity due to Bankman-Fried's risk-oriented decision-making philosophy known as “expected value” and lack of remorse.  Sam Enzer joined Unchained to unpack the sentencing, discussing the fairness of the length, explaining how the $11 billion forfeiture would work and how it's different from the bankruptcy proceedings. Additionally, Enzer provided insights into the kind of prison SBF would end up in and into the three-year supervised release SBF will face after his prison term. The conversation further delved into the broader impact of the sentencing on the crypto industry, suggesting it could signify the end of a dark chapter.  Show highlights: Whether the 25-year sentence is fair, according to Sam What the $11 billion in forfeiture means for SBF Whether the assets of SBF actually belong to the FTX estate Where SBF will likely go to prison and why Sam believes that SBF will not go to a maximum security prison When the clock starts ticking for the 25-year sentence Why SBF will not be eligible for parole and whether he could get "good time credit" What the defense will attempt in appealing the conviction What types of behavior could get SBF enough credit to appeal for a reduced sentence Why SBF will have to be supervised for three years after his release How SBF's philosophy about “expected value,” was the theme of the crime, according to Judge Kaplan Whether the co-conspirators, such as Caroline Ellison, will be sentenced and serve in prison Why Sam says that the sentencing represented "the closing of a dark chapter" in crypto Thank you to our sponsors! iTrustCapital Polkadot Guest Sam Enzer, Partner at Cahill Gordon & Reindel Previous appearances on Unchained: Why the SEC's Case Against Coinbase Is So Significant for Crypto Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? Links Unchained:  FTX Founder Sam Bankman-Fried Sentenced to 25 Years for Historic Fraud SBF's Prison Sentencing Is Coming Up. How Many Years Will He Get? Is Prison Crypto's New Glow-Up? Post-Incarceration Do Kwon and SBF Are Admired What to Expect from Sam Bankman-Fried's Sentencing – and the Lessons We Should Learn Learn more about your ad choices. Visit megaphone.fm/adchoices

Open to Debate
Has Citizens United Undermined Democracy?

Open to Debate

Play Episode Listen Later Mar 1, 2024 57:28


In a high-stakes presidential election year, in partnership with the Newt and Jo Minow Debate Series at the Northwestern Pritzker School of Law, Open to Debate is taking a look at more than a decade of the Citizens United Supreme Court case. The 2010 landmark decision that ruled the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political communications by corporations, including nonprofits, labor unions, and other associations, changed the landscape of political spending in the U.S. This gave rise to Super PACS and an increase in election campaign spending. Since then, there have been questions about whether the decision has harmed our democratic process. Those who support the decision argue it upholds free speech, allowing diverse voices in the political arena, and broadens the range of discourse by enabling groups to freely express their views and support candidates or policies. Those against it argue that it allows a disproportionate influence from corporations and special interest groups, and leaves the voices of ordinary citizens overshadowed by the financial resources of a few, eroding the principles of equality and fair representation.  With this context, we debate the question: Has Citizens United Undermined Democracy?     This debate is presented in partnership with the Northwestern Pritzker School of Law as part of the Newt and Jo Minow Debate Series. It will be recorded live in person on Wednesday, February 21, 2024, at the Thorne Auditorium at Northwestern University Pritzker School of Law in Chicago, Illinois. Arguing Yes: Francesca Procaccini, Assistant Professor of Law at Vanderbilt University Law School; Ciara Torres-Spelliscy, Professor of Law at Stetson University   Arguing No: Floyd Abrams, Senior Counsel at Cahill Gordon & Reindel; Eric Wang, Partner at The Gober Group, pro bono Senior Fellow at the Institute for Free Speech   Learn more about your ad choices. Visit podcastchoices.com/adchoices

Unchained
Why the SEC's Case Against Coinbase Is So Significant for Crypto - Ep. 597

Unchained

Play Episode Listen Later Jan 19, 2024 55:38


On Wednesday, a federal court in New York heard oral arguments in Coinbase's motion to dismiss the SEC's case against it for, among other things, allegedly acting as an unregulated securities exchange. Notably, Judge Katherine Polk Failla pressed the SEC to explain how it has jurisdiction over Coinbase in the case by defining what it considers a security.  Sam Enzer, a partner at Cahill Gorden & Reindel who represents Coinbase but not in this matter, joined Unchained to discuss why this case is so significant for the crypto industry, how he believes the government contradicted itself on the crucial definition of what constitutes a security, why he thinks the judge will not dismiss the case at this early stage, how the Ripple and Terraform Labs cases could be used by each side, and why he thinks Judge Failla is such a perfect choice to rule in this case.   Show highlights: Why SEC v Coinbase holds important implications for the U.S. crypto ecosystem What the SEC alleges against Coinbase, focusing on its trading platform, wallet, and staking services How Coinbase forcefully counters the SEC's claims as it strives to get the case dismissed What the “major questions doctrine” entails and its critical role in this dispute Why Sam perceives the judge as “extremely skeptical” of the SEC's stance Whether inconsistencies surfaced in the SEC lawyers' arguments What “strict liability” means and its frequent mention in this legal battle What takeaways from the Ripple and Terraform Labs cases offer about secondary market sales Why Sam believes Judge Katherine Polk Failla is exceptionally well-suited for this case Whether Judge Failla might reject the motion to dismiss, and when  Thank you to our sponsors! Popcorn Network iTrustCapital Guest Sam Enzer, partner at Cahill Gordon & Reindel Previous appearances on Unchained:  Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? Links Previous coverage of Unchained on the Coinbase case and the topic of securities: SEC Sues Binance, Coinbase: ‘This Is Not the End of Crypto in the United States'  These 2 Crypto Trading Platforms Agree With SEC Chair Gary Gensler Coinbase's Legal Action Against the SEC: How It Will Likely Unfold  ‘Is ETH a Security?' Why Gary Gensler Couldn't Give Congress a Straight Answer Gary Gensler vs. Crypto: What Will the SEC Attack Next? Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator' Coinbase vs. SEC Unchained:  Federal Judge Presses SEC Over Jurisdiction in Case Against Coinbase SEC Sues Coinbase for Breaking Securities Laws SEC Files Motion to Freeze Binance's Assets, Asks for ‘Sworn Accounting' SEC Files 13 Charges Against Binance Including the Mishandling of Funds, Sale of Unregistered Securities SEC Calls Solana, Polygon, Algorand and Other Tokens Securities but Misses Ether in Binance Lawsuit Cointelegraph: Senator Lummis files amicus brief supporting Coinbase's dismissal motion against SEC. Other cases Kraken CNBC: Crypto exchange Kraken settles with SEC for $30 million, will close US staking operation XRP Unchained: SEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a Security Terraform Labs Reuters: Judge sides with US SEC, says Terraform Labs crypto founder Do Kwon violated law Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: Why the SEC's Case Against Coinbase Is So Significant for Crypto

Late Confirmation by CoinDesk

Play Episode Listen Later Jan 19, 2024 52:37


Attorney Sam Enzer explains how the case that's currently being heard could impact the SEC's entire enforcement regime against crypto.Listen to the episode on Apple Podcasts, Spotify, Fountain, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.On Wednesday, a federal court in New York heard oral arguments in Coinbase's motion to dismiss the SEC's case against it for, among other things, allegedly acting as an unregulated securities exchange. Notably, Judge Katherine Polk Failla pressed the SEC to explain how it has jurisdiction over Coinbase in the case by defining what it considers a security. Sam Enzer, a partner at Cahill Gorden & Reindel who represents Coinbase but not in this matter, joined Unchained to discuss why this case is so significant for the crypto industry, how he believes the government contradicted itself on the crucial definition of what constitutes a security, why he thinks the judge will not dismiss the case at this early stage, how the Ripple and Terraform Labs cases could be used by each side, and why he thinks Judge Failla is such a perfect choice to rule in this case. Show highlights:Why SEC v Coinbase holds important implications for the U.S. crypto ecosystemWhat the SEC alleges against Coinbase, focusing on its trading platform, wallet, and staking servicesHow Coinbase forcefully counters the SEC's claims as it strives to get the case dismissedWhat the “major questions doctrine” entails and its critical role in this disputeWhy Sam perceives the judge as “extremely skeptical” of the SEC's stanceWhether inconsistencies surfaced in the SEC lawyers' argumentsWhat “strict liability” means and its frequent mention in this legal battleWhat takeaways from the Ripple and Terraform Labs cases offer about secondary market salesWhy Sam believes Judge Katherine Polk Failla is exceptionally well-suited for this caseWhether Judge Failla might reject the motion to dismiss, and when Thank you to our sponsors! Popcorn Network | iTrustCapitalGuestSam Enzer, partner at Cahill Gordon & ReindelPrevious appearances on Unchained: Why SBF's Testimony So Far Has Likely Already Doomed HimAnother Bad Week for Sam Bankman-Fried in His Criminal TrialWhy These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifySBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial?LinksPrevious coverage of Unchained on the Coinbase case and the topic of securities:SEC Sues Binance, Coinbase: ‘This Is Not the End of Crypto in the United States' These 2 Crypto Trading Platforms Agree With SEC Chair Gary GenslerCoinbase's Legal Action Against the SEC: How It Will Likely Unfold ‘Is ETH a Security?' Why Gary Gensler Couldn't Give Congress a Straight AnswerGary Gensler vs. Crypto: What Will the SEC Attack Next?Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator'Coinbase vs. SECUnchained: Federal Judge Presses SEC Over Jurisdiction in Case Against CoinbaseSEC Sues Coinbase for Breaking Securities LawsSEC Files Motion to Freeze Binance's Assets, Asks for ‘Sworn Accounting'SEC Files 13 Charges Against Binance Including the Mishandling of Funds, Sale of Unregistered SecuritiesSEC Calls Solana, Polygon, Algorand and Other Tokens Securities but Misses Ether in Binance LawsuitCointelegraph: Senator Lummis files amicus brief supporting Coinbase's dismissal motion against SEC.Other casesKrakenCNBC:Crypto exchange Kraken settles with SEC for $30 million, will close US staking operationXRPUnchained: SEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a SecurityTerraform LabsReuters: Judge sides with US SEC, says Terraform Labs crypto founder Do Kwon violated law-Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
Why the SEC's Case Against Coinbase Is So Significant for Crypto - Ep. 597

Unchained

Play Episode Listen Later Jan 19, 2024 55:38


On Wednesday, a federal court in New York heard oral arguments in Coinbase's motion to dismiss the SEC's case against it for, among other things, allegedly acting as an unregulated securities exchange. Notably, Judge Katherine Polk Failla pressed the SEC to explain how it has jurisdiction over Coinbase in the case by defining what it considers a security.  Sam Enzer, a partner at Cahill Gorden & Reindel who represents Coinbase but not in this matter, joined Unchained to discuss why this case is so significant for the crypto industry, how he believes the government contradicted itself on the crucial definition of what constitutes a security, why he thinks the judge will not dismiss the case at this early stage, how the Ripple and Terraform Labs cases could be used by each side, and why he thinks Judge Failla is such a perfect choice to rule in this case.   Show highlights: Why SEC v Coinbase holds important implications for the U.S. crypto ecosystem What the SEC alleges against Coinbase, focusing on its trading platform, wallet, and staking services How Coinbase forcefully counters the SEC's claims as it strives to get the case dismissed What the “major questions doctrine” entails and its critical role in this dispute Why Sam perceives the judge as “extremely skeptical” of the SEC's stance Whether inconsistencies surfaced in the SEC lawyers' arguments What “strict liability” means and its frequent mention in this legal battle What takeaways from the Ripple and Terraform Labs cases offer about secondary market sales Why Sam believes Judge Katherine Polk Failla is exceptionally well-suited for this case Whether Judge Failla might reject the motion to dismiss, and when  Thank you to our sponsors! Popcorn Network iTrustCapital Guest Sam Enzer, partner at Cahill Gordon & Reindel Previous appearances on Unchained:  Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge How Might That Impact the Trial? Links Previous coverage of Unchained on the Coinbase case and the topic of securities: SEC Sues Binance, Coinbase: ‘This Is Not the End of Crypto in the United States'  These 2 Crypto Trading Platforms Agree With SEC Chair Gary Gensler Coinbase's Legal Action Against the SEC: How It Will Likely Unfold  ‘Is ETH a Security?' Why Gary Gensler Couldn't Give Congress a Straight Answer Gary Gensler vs. Crypto: What Will the SEC Attack Next? Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator' Coinbase vs. SEC Unchained:  Federal Judge Presses SEC Over Jurisdiction in Case Against Coinbase SEC Sues Coinbase for Breaking Securities Laws SEC Files Motion to Freeze Binance's Assets, Asks for ‘Sworn Accounting' SEC Files 13 Charges Against Binance Including the Mishandling of Funds, Sale of Unregistered Securities SEC Calls Solana, Polygon, Algorand and Other Tokens Securities but Misses Ether in Binance Lawsuit Cointelegraph: Senator Lummis files amicus brief supporting Coinbase's dismissal motion against SEC. Other cases Kraken CNBC: Crypto exchange Kraken settles with SEC for $30 million, will close US staking operation XRP Unchained: SEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a Security Terraform Labs Reuters: Judge sides with US SEC, says Terraform Labs crypto founder Do Kwon violated law Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
A 20+ Year Sentence? Why the Evidence Against SBF Was Too Hard to Overcome

Late Confirmation by CoinDesk

Play Episode Listen Later Nov 8, 2023 81:26


A defense lawyer and a former prosecutor discuss what SBF's likely sentence will be, the defense's hope for an appeal, and whether the government will pursue the second trial.In this episode of Unchained, Laura does a detailed unpacking of the historic Sam Bankman-Fried trial and verdict with defense lawyer Sam Enzer and former Southern District of New York prosecutor Rich Cooper. They discuss what a thorough job the government did in presenting its case, whether the government will pursue a second trial on campaign finance charges, why it takes so long for sentencing to occur, what the differences between this case and the Bernie Madoff case are, and what Bankman-Fried's likely sentence will be. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.Show highlights | How the cross-examination of SBF showed to the jury that he was unreliable, according to RichWhy the charge conference with the jury is important to the prosecution for “protecting the record”Why the closing argument of the prosecutors was so effective What “conscious avoidance” is and how the prosecutors tried to prove that SBF was guilty of thatWhy SBF's tweet last November that "FTX is fine" was the hardest part of the trial for the defense, according to EnzerWhy Enzer wasn't surprised by how quickly the jury made its decision What SBF's strongest argument is for an appealWhy Enzer "hopes" that there won't be a second trial against SBF and whether he will plead guilty to the additional chargesWhy the sentencing occurs so many months after the verdictHow this case is similar, but also different, from the Bernie Madoff caseHow many years SBF could spend in prison, according to Enzer and CooperWhen cooperating witnesses such as Caroline Ellison, Nishad Singh, and Gary Wang are likely to get sentencedThank you to our sponsors! Crypto.com | LayerZero | Popcorn NetworkGuests | Sam Enzer, partner at Cahill Gordon & Reindel.Previous appearances on Unchained: Why SBF's Testimony So Far Has Likely Already Doomed HimAnother Bad Week for Sam Bankman-Fried in His Criminal TrialWhy These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifySBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?Rich Cooper, Former SDNY prosecutorLinks | Previous coverage by Unchained on the trial of Sam Bankman-Fried:How Heated Sidebars During the SBF Trial Could Impact the Jury's DecisionSBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's FamilySBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable'SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One FactSBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special PrivilegesSam Bankman-Fried Trial: Here's Everything That Happened So FarSBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison?SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life'SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness?SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big SpenderSBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's TestimonySBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion HoleSBF Trial, Day 12: Former FTX General Counsel Speaks Out Against SBFSBF Trial, Day 13: Before Judge, Former FTX CEO Sam Bankman-Fried Gives Few Straight AnswersSBF Trial, Day 14: Sam Bankman-Fried Casts Blame on Others for Key Decisions at FTXSBF Trial, Day 15: Prosecutors Hammer Bankman-Fried's Contradictions With Reams of EvidenceSBF Trial, Day 16: In Final Cross Examination, SBF Gets Caught Again by His Own WordsSBF Trial, Day 17: Closing Arguments Ask: ‘Villain or Good-Faith Actor?' SBF Trial, Day 18: Sam Bankman-Fried Found Guilty on All 7 Counts in Swift VerdictDid Sam Bankman-Fried Have Intent to Defraud FTX Investors?Katie Haun's thoughts on the sentencingProtos: Sam Bankman-Fried caught deleting more tweets that aged like milkUnchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
A 20+ Year Sentence? Why the Evidence Against SBF Was Too Hard to Overcome - Ep. 566

Unchained

Play Episode Listen Later Nov 7, 2023 84:01


In this episode of Unchained, Laura does a detailed unpacking of the historic Sam Bankman-Fried trial and verdict with defense lawyer Sam Enzer and former Southern District of New York prosecutor Rich Cooper. They discuss what a thorough job the government did in presenting its case, whether the government will pursue a second trial on campaign finance charges, why it takes so long for sentencing to occur, what the differences between this case and the Bernie Madoff case are, and what Bankman-Fried's likely sentence will be.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: how the cross-examination of SBF showed to the jury that he was unreliable, according to Rich why the charge conference with the jury is important to the prosecution for “protecting the record” why the closing argument of the prosecutors was so effective  what “conscious avoidance” is and how the prosecutors tried to prove that SBF was guilty of that why SBF's tweet last November that "FTX is fine" was the hardest part of the trial for the defense, according to Enzer why Enzer wasn't surprised by how quickly the jury made its decision  what SBF's strongest argument is for an appeal why Enzer "hopes" that there won't be a second trial against SBF and whether he will plead guilty to the additional charges why the sentencing occurs so many months after the verdict how this case is similar, but also different, from the Bernie Madoff case how many years SBF could spend in prison, according to Enzer and Cooper when cooperating witnesses such as Caroline Ellison, Nishad Singh, and Gary Wang are likely to get sentenced Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guest: Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearances on Unchained:  Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Rich Cooper, Former SDNY prosecutor Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? Visit www.unchainedcrypto.com for more! Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
A 20+ Year Sentence? Why the Evidence Against SBF Was Too Hard to Overcome - Ep. 566

Unchained

Play Episode Listen Later Nov 7, 2023 84:01


In this episode of Unchained, Laura does a detailed unpacking of the historic Sam Bankman-Fried trial and verdict with defense lawyer Sam Enzer and former Southern District of New York prosecutor Rich Cooper. They discuss what a thorough job the government did in presenting its case, whether the government will pursue a second trial on campaign finance charges, why it takes so long for sentencing to occur, what the differences between this case and the Bernie Madoff case are, and what Bankman-Fried's likely sentence will be.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: how the cross-examination of SBF showed to the jury that he was unreliable, according to Rich why the charge conference with the jury is important to the prosecution for “protecting the record” why the closing argument of the prosecutors was so effective  what “conscious avoidance” is and how the prosecutors tried to prove that SBF was guilty of that why SBF's tweet last November that "FTX is fine" was the hardest part of the trial for the defense, according to Enzer why Enzer wasn't surprised by how quickly the jury made its decision  what SBF's strongest argument is for an appeal why Enzer "hopes" that there won't be a second trial against SBF and whether he will plead guilty to the additional charges why the sentencing occurs so many months after the verdict how this case is similar, but also different, from the Bernie Madoff case how many years SBF could spend in prison, according to Enzer and Cooper when cooperating witnesses such as Caroline Ellison, Nishad Singh, and Gary Wang are likely to get sentenced Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guest: Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearances on Unchained:  Why SBF's Testimony So Far Has Likely Already Doomed Him Another Bad Week for Sam Bankman-Fried in His Criminal Trial Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Rich Cooper, Former SDNY prosecutor Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? Visit www.unchainedcrypto.com for more! Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
Unchained: Why SBF's Testimony So Far Has Likely Already Doomed Him

Late Confirmation by CoinDesk

Play Episode Listen Later Nov 1, 2023 51:58


Defense lawyer Sam Enzer says Sam Bankman-Fried's testimony had evasive answers and non-sequiturs—but that the defense may now have a good argument for appeal.Sam Enzer, a partner at the law firm Cahill Gordon & Reindel, told Laura that former FTX CEO Sam Bankman-Fried did about as well as he could in his testimony Friday but that he was unlikely “to withstand the scrutiny” of what prosecutors have already said will be a robust cross-examination when he takes the stand Monday. Enzer noted that Bankman-Fried's attempts to explain why he thought his trading shop, Alameda Research, could borrow billions in dollars of FTX customer assets “defies common sense,” and that the company's own terms of agreement or any other communications offered no justification for this belief. A Thursday hearing without the jury present, in which the defense gave a preview of some arguments it wanted to make, ended up giving the government answers from SBF that it can now use against him. Enzer also said that Bankman-Fried's contention that his biggest mistake – a failure to implement proper risk management – did not constitute criminal fraud, did not address the core of the government's case; namely, that he lied about how FTX was handling customer deposits. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.Show highlights:Why Enzer thinks Sam Bankman-Fried's testimony is unlikely to sway jury sentiment or withstand cross-examinationWhy the evidentiary hearing in which SBF testified without a jury may hurt his causeThe purpose of the evidentiary hearingHow Judge Lewis Kaplan hinted at what he thought about SBF's testimonyHow Bankman-Fried is likely to fare against prosecutor Danielle Sassoon in what she has promised will be a robust cross-examinationHow the defense tried to recast SBF's image by humanizing himWhy the defense now has stronger grounds for an appeal than it previously did What the jury is likely to make of SBF's contention that he was in the dark about core allegations Why the prosecution said it would call rebuttal witnessesWhat a charge conference is and why that will take place after SBF testifiesThank you to our sponsors! | Crypto.com | Arbitrum Foundation | LayerZero | Popcorn NetworkGuest | Sam Enzer, partner at Cahill Gordon & Reindel.Previous appearances on Unchained: Another Bad Week for Sam Bankman-Fried in His Criminal Trial – Ep. 558Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifySBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?Links | Previous coverage by Unchained on the trial of Sam Bankman-Fried:How Heated Sidebars During the SBF Trial Could Impact the Jury's DecisionSBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's FamilySBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable'SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One FactSBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special PrivilegesSam Bankman-Fried Trial: Here's Everything That Happened So FarSBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison?SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life'SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness?SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big SpenderSBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's TestimonySBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion HoleSBF Trial, Day 12: Former FTX General Counsel Speaks Out Against SBFSBF Trial, Day 13: Before Judge, Former FTX CEO Sam Bankman-Fried Gives Few Straight AnswersSBF Trial, Day 14: Sam Bankman-Fried Casts Blame on Others for Key Decisions at FTXDid Sam Bankman-Fried Have Intent to Defraud FTX Investors?Good Morning America: FTX's Sam Bankman-Fried on crypto giant's collapse: 'A lot of people got hurt. And that's on me'Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
Why SBF's Testimony So Far Has Likely Already Doomed Him - Ep. 563

Unchained

Play Episode Listen Later Oct 30, 2023 52:57


Sam Enzer, a partner at the law firm Cahill Gordon & Reindel, told Laura that former FTX CEO Sam Bankman-Fried did about as well as he could in his testimony Friday but that he was unlikely “to withstand the scrutiny” of what prosecutors have already said will be a robust cross-examination when he takes the stand Monday.  Enzer noted that Bankman-Fried's attempts to explain why he thought his trading shop, Alameda Research, could borrow billions in dollars of FTX customer assets “defies common sense,” and that the company's own terms of agreement or any other communications offered no justification for this belief. A Thursday hearing without the jury present, in which the defense gave a preview of some arguments it wanted to make, ended up giving the government answers from SBF that it can now use against him. Enzer also said that Bankman-Fried's contention that his biggest mistake – a failure to implement proper risk management – did not constitute criminal fraud, did not address the core of the government's case; namely, that he lied about how FTX was handling customer deposits. Show highlights: why Enzer thinks Sam Bankman-Fried's testimony is unlikely to sway jury sentiment or withstand cross-examination why the evidentiary hearing in which SBF testified without a jury may hurt his cause the purpose of the evidentiary hearing how Judge Lewis Kaplan hinted at what he thought about SBF's testimony how Bankman-Fried is likely to fare against prosecutor Danielle Sassoon in what she has promised will be a robust cross-examination how the defense tried to recast SBF's image by humanizing him why the defense now has the strongest grounds for an appeal than it previously did  what the jury is likely to make of SBF's contention that he was in the dark about core allegations  why the prosecution said it will call rebuttal witnesses what a charge conference is and why that will take place after SBF testifies Thank you to our sponsors! Crypto.com Arbitrum Foundation LayerZero Popcorn Network Guest: Sam Enzer, partner at Cahill Gordon & Reindel Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life' SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness? SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges  SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big Spender SBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's Testimony SBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion Hole SBF Trial, Day 12: Former FTX General Counsel Speaks Out Against SBF SBF Trial, Day 13: Before Judge, Former FTX CEO Sam Bankman-Fried Gives Few Straight Answers SBF Trial, Day 14: Sam Bankman-Fried Casts Blame on Others for Key Decisions at FTX Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Good Morning America: FTX's Sam Bankman-Fried on crypto giant's collapse: 'A lot of people got hurt. And that's on me' Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
Why SBF's Testimony So Far Has Likely Already Doomed Him - Ep. 563

Unchained

Play Episode Listen Later Oct 30, 2023 52:57


Sam Enzer, a partner at the law firm Cahill Gordon & Reindel, told Laura that former FTX CEO Sam Bankman-Fried did about as well as he could in his testimony Friday but that he was unlikely “to withstand the scrutiny” of what prosecutors have already said will be a robust cross-examination when he takes the stand Monday.  Enzer noted that Bankman-Fried's attempts to explain why he thought his trading shop, Alameda Research, could borrow billions in dollars of FTX customer assets “defies common sense,” and that the company's own terms of agreement or any other communications offered no justification for this belief. A Thursday hearing without the jury present, in which the defense gave a preview of some arguments it wanted to make, ended up giving the government answers from SBF that it can now use against him. Enzer also said that Bankman-Fried's contention that his biggest mistake – a failure to implement proper risk management – did not constitute criminal fraud, did not address the core of the government's case; namely, that he lied about how FTX was handling customer deposits. Show highlights: why Enzer thinks Sam Bankman-Fried's testimony is unlikely to sway jury sentiment or withstand cross-examination why the evidentiary hearing in which SBF testified without a jury may hurt his cause the purpose of the evidentiary hearing how Judge Lewis Kaplan hinted at what he thought about SBF's testimony how Bankman-Fried is likely to fare against prosecutor Danielle Sassoon in what she has promised will be a robust cross-examination how the defense tried to recast SBF's image by humanizing him why the defense now has the strongest grounds for an appeal than it previously did  what the jury is likely to make of SBF's contention that he was in the dark about core allegations  why the prosecution said it will call rebuttal witnesses what a charge conference is and why that will take place after SBF testifies Thank you to our sponsors! Crypto.com Arbitrum Foundation LayerZero Popcorn Network Guest: Sam Enzer, partner at Cahill Gordon & Reindel Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life' SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness? SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges  SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big Spender SBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's Testimony SBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion Hole SBF Trial, Day 12: Former FTX General Counsel Speaks Out Against SBF SBF Trial, Day 13: Before Judge, Former FTX CEO Sam Bankman-Fried Gives Few Straight Answers SBF Trial, Day 14: Sam Bankman-Fried Casts Blame on Others for Key Decisions at FTX Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Good Morning America: FTX's Sam Bankman-Fried on crypto giant's collapse: 'A lot of people got hurt. And that's on me' Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
Another Bad Week for Sam Bankman-Fried in His Criminal Trial - Ep. 558

Unchained

Play Episode Listen Later Oct 20, 2023 50:33


Sam Enzer, a partner at the law firm Cahill Gordon & Reindel, told Laura that compelling evidence from Sam Bankman-Fried's inner circle had increased the difficulty for the fallen FTX CEO to convince a jury of his innocence. Former FTX head engineer Nishad Singh said that he became suicidal after understanding the full magnitude of FTX's misuse of customer funds, while ex-chief legal counsel Can Sun helped show how SBF allegedly lied to lawyers.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: Sam (Enzer's) thoughts on how the trial is going for the defense  what Nishad Singh's emotional testimony revealed about SBF how Singh felt "betrayed" by Bankman-Fried, who may have been a big brother figure to him why the defense went much harder after Singh in its defense than it did the other members of the inner circle whether the jury felt empathy with Singh about his suicidal feelings  what the rationale was behind the order of the witnesses why Sam believes that the accounting professor Peter Easton's testimony was "damning" for the defense  whether the testimony of former FTX general counsel proved that SBF lied to his own lawyers why the communications between SBF and his lawyer, which are generally privileged, were divulged in court why Sam believes that it's likely that SBF will testify, although he would advise him not to Thank you to our sponsors! Crypto.com Hedera Popcorn Network Guest Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearances on Unchained:  Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life' SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness? SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges  SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big Spender SBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's Testimony SBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion Hole Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Good Morning America: FTX's Sam Bankman-Fried on crypto giant's collapse: 'A lot of people got hurt. And that's on me' Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: Another Bad Week for Sam Bankman-Fried in His Criminal Trial

Late Confirmation by CoinDesk

Play Episode Listen Later Oct 20, 2023 47:59


Sam Bankman-Fried is facing an even more difficult task in proving his innocence after this week's compelling testimony by the last member of his inner circle. Sam Enzer, a partner at the law firm Cahill Gordon & Reindel, told Laura that compelling evidence from Sam Bankman-Fried's inner circle had increased the difficulty for the fallen FTX CEO to convince a jury of his innocence. Former FTX head engineer Nishad Singh said that he became suicidal after understanding the full magnitude of FTX's misuse of customer funds, while ex-chief legal counsel Can Sun helped show how SBF allegedly lied to lawyers. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.Show highlights | Sam (Enzer's) thoughts on how the trial is going for the defense what Nishad Singh's emotional testimony revealed about SBFhow Singh felt "betrayed" by Bankman-Fried, who may have been a big brother figure to himwhy the defense went much harder after Singh in its defense than it did the other members of the inner circlewhether the jury felt empathy with Singh about his suicidal feelings what the rationale was behind the order of the witnesseswhy Sam believes that the accounting professor Peter Easton's testimony was "damning" for the defense whether the testimony of former FTX general counsel proved that SBF lied to his own lawyerswhy the communications between SBF and his lawyer, which are generally privileged, were divulged in courtwhy Sam believes that it's likely that SBF will testify, although he would advise him not toThank you to our sponsors! Crypto.com | Hedera | Popcorn NetworkGuest | Sam Enzer, partner at Cahill Gordon & Reindel.Previous appearances on Unchained: Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to TestifySBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?Links | Previous coverage by Unchained on the trial of Sam Bankman-Fried:How Heated Sidebars During the SBF Trial Could Impact the Jury's DecisionSBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's FamilySBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable'SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One FactSBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special PrivilegesSam Bankman-Fried Trial: Here's Everything That Happened So FarSBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison?SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life'SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness?SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big SpenderSBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's TestimonySBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion HoleDid Sam Bankman-Fried Have Intent to Defraud FTX Investors?Good Morning America: FTX's Sam Bankman-Fried on crypto giant's collapse: 'A lot of people got hurt. And that's on me'Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
Another Bad Week for Sam Bankman-Fried in His Criminal Trial - Ep. 558

Unchained

Play Episode Listen Later Oct 20, 2023 50:33


Sam Enzer, a partner at the law firm Cahill Gordon & Reindel, told Laura that compelling evidence from Sam Bankman-Fried's inner circle had increased the difficulty for the fallen FTX CEO to convince a jury of his innocence. Former FTX head engineer Nishad Singh said that he became suicidal after understanding the full magnitude of FTX's misuse of customer funds, while ex-chief legal counsel Can Sun helped show how SBF allegedly lied to lawyers.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: Sam (Enzer's) thoughts on how the trial is going for the defense  what Nishad Singh's emotional testimony revealed about SBF how Singh felt "betrayed" by Bankman-Fried, who may have been a big brother figure to him why the defense went much harder after Singh in its defense than it did the other members of the inner circle whether the jury felt empathy with Singh about his suicidal feelings  what the rationale was behind the order of the witnesses why Sam believes that the accounting professor Peter Easton's testimony was "damning" for the defense  whether the testimony of former FTX general counsel proved that SBF lied to his own lawyers why the communications between SBF and his lawyer, which are generally privileged, were divulged in court why Sam believes that it's likely that SBF will testify, although he would advise him not to Thank you to our sponsors! Crypto.com Hedera Popcorn Network Guest Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearances on Unchained:  Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life' SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness? SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges  SBF Trial, Day 9: Nishad Singh Describes Former FTX CEO as a Bully and Big Spender SBF Trial, Day 10: Defense Struggles to Discredit Nishad Singh's Testimony SBF Trial, Day 11: How Alameda Got FTX Into a $9 Billion Hole Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Good Morning America: FTX's Sam Bankman-Fried on crypto giant's collapse: 'A lot of people got hurt. And that's on me' Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: Why These Lawyers Say It's Over for SBF--But His Only Hail Mary Is to Testify

Late Confirmation by CoinDesk

Play Episode Listen Later Oct 18, 2023 73:57


Attorneys Samson Enzer and Greg Strong say Caroline Ellison's testimony against Sam Bankman-Fried was damning. They agree one thing could turn it around: SBF's own testimony. However, that runs the risk of increasing his sentence.Samson Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLX Law, dissect the second week of the criminal trial of Sam Bankman-Fried. At this point, the prosecution's star witness, former Alameda Research CEO Caroline Ellison, has testified, as well as another prominent insider, co-founder Gary Wang. But both Enzer and Strong believe that it's already over for the defense, but agree that the only thing that could turn it around is testimony from SBF himself—but that runs the risk of the defendant significantly increasing his sentence. Find out how they thought the more salacious details of Ellison's testimony, concerning alleged bribes to Chinese government officials, would affect the jury, and why Enzer believes introducing that testimony may have been risky for the government. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform.Show highlights | Whether the prosecution gave the defense any fodder for its failed entrepreneur theoryHow SBF and Ellison's romantic relationship could affect the jury's deliberationsThe jury's reaction to Ellison saying SBF's belief was that “don't lie, don't steal” didn't fit into his philosophy of utilitarianism Why the defense didn't object to the mention of alleged bribes to Chinese government officials the first timeWhy the defense attorney complain about photos shown of SBF and his hairHow the jury might react to the testimony involving alleged Chinese government bribes, Thai prostitutes, and Saudi princeHow Ellison crying in her testimony could affect the juryWhy the defense didn't ask Ellison about not hedging Why the cross-examination of Gary Wang of was limited in its success for the defenseWhat caused a moment of tension between Zac Prince and the defenseWhy Greg and Sam think SBF shouldn't testify, but believe it's his only, very risky, chance If convicted, how many years do they think SBF's prison sentence will be? Thank you to our sponsors! Crypto.com | LayerZero | Popcorn NetworkGuests |Sam Enzer, partner at Cahill Gordon & Reindel.Previous appearances on Unchained: SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseSBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? - Unchained CryptoGreg Strong, partner at DLx LawLinks | Previous coverage by Unchained on the trial of Sam Bankman-Fried:How Heated Sidebars During the SBF Trial Could Impact the Jury's DecisionSBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's FamilySBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable'SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One FactSBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special PrivilegesSam Bankman-Fried Trial: Here's Everything That Happened So FarSBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison?SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life'SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness?SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial?Did Sam Bankman-Fried Have Intent to Defraud FTX Investors?Here's How Sam Bankman-Fried's High-Stakes Trial Could Play OutSBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseThe High-Stakes Trial of Sam Bankman-Fried Begins: What to ExpectGo deeper into the trial | Unchained:In the SBF Case, Elite Corruption Is What's Really on TrialCooperating Witnesses in the SBF Trial May Get Little to No Prison Time-Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
Why These Lawyers Say It's Over for SBF--But His Only Hail Mary Is to Testify - Ep. 557

Unchained

Play Episode Listen Later Oct 16, 2023 76:27


Samson Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLX Law, dissect the second week of the criminal trial of Sam Bankman-Fried. At this point, the prosecution's star witness, former Alameda Research CEO Caroline Ellison, has testified, as well as another prominent insider, co-founder Gary Wang. Both Enzer and Strong believe that it's already over for the defense, but agree that the only thing that could turn it around is testimony from SBF himself—but that runs the risk of the defendant significantly increasing his sentence.  Find out how they thought the more salacious details of Ellison's testimony, concerning alleged bribes to Chinese government officials, would affect the jury, and why Enzer believes introducing that testimony may have been risky for the government.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform. Show highlights: Whether the prosecution gave the defense any fodder for its failed entrepreneur theory How SBF and Ellison's romantic relationship could affect the jury's deliberations The jury's reaction to Ellison saying SBF's belief was that “don't lie, don't steal” didn't fit into his philosophy of utilitarianism  Why the defense didn't object to the mention of alleged bribes to Chinese government officials the first time Why the defense attorney complained about photos shown of SBF and his hair How the jury might react to the testimony involving alleged Chinese government bribes, Thai prostitutes, and Saudi prince How Ellison crying in her testimony could affect the jury Why the defense didn't ask Ellison about not hedging  Why the cross-examination of Gary Wang was limited in its success for the defense What caused a moment of tension between Zac Prince and the defense Why Greg and Sam think SBF shouldn't testify, but believe it's his only, very risky, chance  If convicted, how many years do they think SBF's prison sentence will be? Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guests: Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearances on Unchained:  SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Greg Strong, partner at DLx Law Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life' SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness? SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges  SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect Go deeper into the trial:  Unchained: In the SBF Case, Elite Corruption Is What's Really on Trial Cooperating Witnesses in the SBF Trial May Get Little to No Prison Time Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
Why These Lawyers Say It's Over for SBF--But His Only Hail Mary Is to Testify - Ep. 557

Unchained

Play Episode Listen Later Oct 16, 2023 76:27


Samson Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLX Law, dissect the second week of the criminal trial of Sam Bankman-Fried. At this point, the prosecution's star witness, former Alameda Research CEO Caroline Ellison, has testified, as well as another prominent insider, co-founder Gary Wang. Both Enzer and Strong believe that it's already over for the defense, but agree that the only thing that could turn it around is testimony from SBF himself—but that runs the risk of the defendant significantly increasing his sentence.  Find out how they thought the more salacious details of Ellison's testimony, concerning alleged bribes to Chinese government officials, would affect the jury, and why Enzer believes introducing that testimony may have been risky for the government.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform. Show highlights: Whether the prosecution gave the defense any fodder for its failed entrepreneur theory How SBF and Ellison's romantic relationship could affect the jury's deliberations The jury's reaction to Ellison saying SBF's belief was that “don't lie, don't steal” didn't fit into his philosophy of utilitarianism  Why the defense didn't object to the mention of alleged bribes to Chinese government officials the first time Why the defense attorney complained about photos shown of SBF and his hair How the jury might react to the testimony involving alleged Chinese government bribes, Thai prostitutes, and Saudi prince How Ellison crying in her testimony could affect the jury Why the defense didn't ask Ellison about not hedging  Why the cross-examination of Gary Wang was limited in its success for the defense What caused a moment of tension between Zac Prince and the defense Why Greg and Sam think SBF shouldn't testify, but believe it's his only, very risky, chance  If convicted, how many years do they think SBF's prison sentence will be? Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guests: Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearances on Unchained:  SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Greg Strong, partner at DLx Law Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: How Heated Sidebars During the SBF Trial Could Impact the Jury's Decision SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 5: SBF's Defense Finally Found Its Legs, But Can It Counter Caroline Ellison? SBF Trial, Day 6: Caroline Ellison Recalls 'The Worst Week of My Life' SBF Trial, Day 7: In SBF Trial, Did the Defense Lose Its Opportunity With the Star Witness? SBF Trial, Day 8: Former BlockFi CEO Adds Credibility to Fraud Charges  SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect Go deeper into the trial:  Unchained: In the SBF Case, Elite Corruption Is What's Really on Trial Cooperating Witnesses in the SBF Trial May Get Little to No Prison Time Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: SBF's Lawyers Could Be Annoying the Judge | How Might That Impact the Trial?

Late Confirmation by CoinDesk

Play Episode Listen Later Oct 11, 2023 85:13


Sam Enzer, partner at Cahill Gordon & Reindel, and Brian Klein, partner at Waymaker, discuss the strategies that the defense and prosecution appear to be using, and why the testimonies from FTX software developer Adam Yedidia, FTX cofounder Gary Wang, and others to come will be so damaging for the defense.The first week of the criminal trial of former FTX CEO Sam Bankman-Fried has come to a close, with his former friends and FTX colleagues Adam Yedidia and Gary Wang delivering powerful testimonies that are forming the foundations for the prosecution's arguments — arguments that the defense may have a difficult time surmounting. Sam Enzer, partner at Cahill Gordon & Reindel, and Brian Klein, partner at Waymaker, discuss Alameda's special privileges coded into the FTX software, the reason why a scorched FTX customer may have been chosen as the first witness, and why upcoming key witnesses are going to be a “real problem” for the defense.Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform.Show highlights | What we learned about the prosecution and defense's strategies after the first week of the trialHow the jury being mostly non-finance professionals may impact deliberationsWhy Brian believes someone “out of the mainstream” would make an ideal juror for the defenseWhy Sam believes the defense's opening was stronger than the prosecution'sWhich arguments may be the most difficult for Sam Bankman-Fried's lawyers to defendWhy the defense's “building a plane as you're flying” analogy may come back to hurt them in closingWhy Sam believes the order of the witness testimony so far is helping the prosecution build the foundation of its caseWhether Adam Yedidia's testimony was effective at establishing him as a credible witnessWhether the fact that some witnesses are cooperating to avoid prison time will impact the jury's decisionWhat Gary Wang, former CTO of FTX, revealed about Alameda's special privileges coded into FTX software and how it wasn't an “oversight”Whether Judge Kaplan is growing impatient with the defenseWhether the prosecution's objections were sustained reasonably by Judge KaplanWhy upcoming insider witnesses pose a “real problem” to the defenseWhy Gary Wang, Nishad Sigh, and Caroline Ellison could very well serve no prison timeWhy it's "not even an open question" that the defense team will appeal if they lose the caseThank you to our sponsors! Crypto.com | LayerZero | Popcorn NetworkGuest: | Sam Enzer, partner at Cahill Gordon & ReindelPrevious appearance on Unchained: SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseBrian Klein, partner at WaymakerPrevious appearance on Unchained: SBF Behind Bars: Why Revoked Bail Is a Big Deal for Crypto's Biggest TrialLinks | Previous coverage by Unchained on the trial of Sam Bankman-Fried:Sam Bankman-Fried Trial: Here's Everything That Happened So FarSBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's FamilySBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable'SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One FactSBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special PrivilegesDid Sam Bankman-Fried Have Intent to Defraud FTX Investors?Here's How Sam Bankman-Fried's High-Stakes Trial Could Play OutSBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His CaseThe High-Stakes Trial of Sam Bankman-Fried Begins: What to ExpectIn the SBF Case, Elite Corruption Is What's Really on TrialBusiness Insider: Sam Bankman-Fried deleted his tweet saying FTX 'assets are fine' on the day he announced his Binance deal-Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? - Ep. 554

Unchained

Play Episode Listen Later Oct 9, 2023 88:01


The first week of the criminal trial of former FTX CEO Sam Bankman-Fried has come to a close, with his former friends and FTX colleagues Adam Yedidia and Gary Wang delivering powerful testimonies that are forming the foundations for the prosecution's arguments — arguments that the defense may have a difficult time surmounting. Sam Enzer, partner at Cahill Gordon & Reindel, and Brian Klein, partner at Waymaker, discuss Alameda's special privileges coded into the FTX software, the reason why a scorched FTX customer may have been chosen as the first witness, and why upcoming key witnesses are going to be a “real problem” for the defense. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform. Show highlights: What we learned about the prosecution and defenses strategies after the first week of the trial How the jury being mostly professionals may impact deliberations Why Brian believes someone “out of the mainstream” would make an ideal juror for the defense Why Sam believes the defense's opening was stronger than the prosecution's Which arguments may be the most difficult for Sam Bankman-Fried's lawyers to defend Why the defense's “building a plane as you're flying” analogy may come back to hurt them in closing Why Sam believes the order of the witness testimony so far is helping the prosecution build the foundation of its case Whether Adam Yedidia's testimony was effective at establishing him as a credible witness Whether the fact that some witnesses are cooperating to avoid jail time will impact the jury's decision What Gary Wang, former CTO of FTX, revealed about Alameda's special privileges coded into FTX software and how it wasn't an “oversight” Whether Judge Kaplan is growing impatient with the defense Whether the prosecution's objections were sustained reasonably by Judge Kaplan Why upcoming insider witnesses pose a “real problem” to the defense Why it's "not even an open question" that the defense team will appeal if they lose the case Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guest: Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearance on Unchained: SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case Brian Klein, partner at Waymaker Previous appearance on Unchained: SBF Behind Bars: Why Revoked Bail Is a Big Deal for Crypto's Biggest Trial Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect In the SBF Case, Elite Corruption Is What's Really on Trial Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
SBF's Lawyers Could Be Annoying the Judge. How Might That Impact the Trial? - Ep. 554

Unchained

Play Episode Listen Later Oct 9, 2023 88:01


The first week of the criminal trial of former FTX CEO Sam Bankman-Fried has come to a close, with his former friends and FTX colleagues Adam Yedidia and Gary Wang delivering powerful testimonies that are forming the foundations for the prosecution's arguments — arguments that the defense may have a difficult time surmounting. Sam Enzer, partner at Cahill Gordon & Reindel, and Brian Klein, partner at Waymaker, discuss Alameda's special privileges coded into the FTX software, the reason why a scorched FTX customer may have been chosen as the first witness, and why upcoming key witnesses are going to be a “real problem” for the defense. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or your favorite podcast platform. Show highlights: What we learned about the prosecution and defenses strategies after the first week of the trial How the jury being mostly professionals may impact deliberations Why Brian believes someone “out of the mainstream” would make an ideal juror for the defense Why Sam believes the defense's opening was stronger than the prosecution's Which arguments may be the most difficult for Sam Bankman-Fried's lawyers to defend Why the defense's “building a plane as you're flying” analogy may come back to hurt them in closing Why Sam believes the order of the witness testimony so far is helping the prosecution build the foundation of its case Whether Adam Yedidia's testimony was effective at establishing him as a credible witness Whether the fact that some witnesses are cooperating to avoid jail time will impact the jury's decision What Gary Wang, former CTO of FTX, revealed about Alameda's special privileges coded into FTX software and how it wasn't an “oversight” Whether Judge Kaplan is growing impatient with the defense Whether the prosecution's objections were sustained reasonably by Judge Kaplan Why upcoming insider witnesses pose a “real problem” to the defense Why it's "not even an open question" that the defense team will appeal if they lose the case Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guest: Sam Enzer, partner at Cahill Gordon & Reindel. Previous appearance on Unchained: SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case Brian Klein, partner at Waymaker Previous appearance on Unchained: SBF Behind Bars: Why Revoked Bail Is a Big Deal for Crypto's Biggest Trial Links Previous coverage by Unchained on the trial of Sam Bankman-Fried: Sam Bankman-Fried Trial: Here's Everything That Happened So Far SBF Trial, Day 1: Possible Witnesses Include FTX Insiders, Big Names in Crypto, and SBF's Family SBF Trial, Day 2: DOJ Says Sam Bankman-Fried ‘Lied' While Defense Claims His Actions Were ‘Reasonable' SBF Trial, Day 3: Why a True Believer in FTX Flipped Once He Learned One Fact SBF Trial, Day 4: SBF's Lawyers Annoy Judge Kaplan, While Wang Reveals Alameda's Special Privileges Did Sam Bankman-Fried Have Intent to Defraud FTX Investors? Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case The High-Stakes Trial of Sam Bankman-Fried Begins: What to Expect In the SBF Case, Elite Corruption Is What's Really on Trial Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Confirmation by CoinDesk
UNCHAINED: SBF Trial | How Sam Bankman-Fried's Lawyers Might Try to Win His Case

Late Confirmation by CoinDesk

Play Episode Listen Later Oct 4, 2023 73:03


Kayvan Sadeghi, partner at Jenner & Block, and Sam Enzer, partner at Cahill Gordon & Reindel, discuss how Sam Bankman-Fried's trial might play out and what arguments the defense and prosecution might try to use to win the jury's favor.The high-stakes trial of Sam Bankman-Fried began on October 3, and the FTX founder and former CEO will have to answer for his role in the cryptocurrency exchange's downfall, which led to billions in losses. Both the prosecution and defense are currently preparing for what is set to be a significant milestone for the crypto industry. Kayvan Sadeghi, partner at Jenner & Block, and Sam Enzer, partner at Cahill Gordon & Reindel, discuss the differences between a civil and criminal trial, what the jury selection process might look like, and what arguments the prosecution and defense might use to support their cases. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.Show highlights:The difference between a civil and criminal trial and why it's difficult for the defense to prepare while Sam Bankman-Fried is in jailWhether SBF was offered a plea deal and if so, why he didn't take itWhat the process of vetting jurors look like and what both sides are looking forWhat a pre-opening jury charge is and why Judge Lewis A. Kaplan might choose to use itThe importance of intent when it comes to SBF's chargesThe pros and cons of the defense using the argument that the FTX founder was receiving poor legal adviceWhat charges SBF is facing and whether the defense or prosecution have the upper handHow the opening statements of both the prosecution and the defense might play outWhether SBF will be put on the stand and why that could be a "dangerous" move, according to SamHow the defense could respond to testimony from key witnesses like Caroline Ellison or Gary WangHow Judge Kaplan being a "tough sentencer" could impact SBF's jail sentence, according to SamThank you to our sponsors! Crypto.com | LayerZero | Popcorn NetworkGuests | Kayvan Sadeghi, partner and co-chair of Fintech & Crypto Assets at Jenner & BlockPrevious appearance on Unchained: Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and CongressSamson Enzer, partner at Cahill Gordon & Reindel.Links |Previous coverage from Unchained on Sam Bankman-Fried and FTX:Here's How Sam Bankman-Fried's High-Stakes Trial Could Play OutWhy FTX Might Try to Claw Back Funds From Retail CustomersThe Chopping Block: Was FTX a Scam From the Very Beginning? How Much Prison Time Is FTX's Sam Bankman-Fried Facing? Why the Legal Process for FTX and Sam Bankman-Fried Could Take YearsThe Chopping Block: SBF Wants to Win in the Court of Public Opinion. Will He?Jesse Powell and Kevin Zhou on How FTX and Alameda Lost $10 BillionDid the Bahamian Government Direct SBF and Gary Wang to Hack FTX?The Chopping Block: Why Lenders Didn't Liquidate Alameda When It Was Underwater Erik Voorhees and Cobie on Why FTX Loaned Out Customers' AssetsThe Chopping Block: FTX: The Biggest Collapse in the History of Crypto?Sam Bankman-Fried on How to Prevent the Next Terra and 3ACDetails of the Trial:Unchained: FTX: The Exchange That Brought Down the IndustryCoinDesk: Here's the Sam Bankman-Fried Trial ScheduleThe SBF Trial: How Did We Get Here?Here's How FTX Founder Sam Bankman-Fried's Trial May Play OutForbes:Sam Bankman-Fried Could Face 'Very Long Sentence,' Judge Says Before Denying ReleaseSBF's defense team:Unchained: Sam-Bankman-Fried Files New Request for Temporary Release Before TrialCoinDesk: U.S. Department of Justice Opposes Sam Bankman-Fried's Latest Move for 'Temporary Release'Sam Bankman-Fried Can Use an 'Air-Gapped' Laptop in Court, Judge RulesKey witnesses:Unchained: SBF's Expert Witnesses Barred From Testifying at TrialReuters: Who is Caroline Ellison, a key witness set to testify against Sam Bankman-Fried?NYT: Prosecutors Detail Evidence Against Sam Bankman-Fried - The New York TimesCoinDesk: All of Sam Bankman-Fried's Proposed Expert Witnesses Should Be Barred From Testifying: DOJJudge Blocks Sam Bankman-Fried's Proposed Witnesses From TestifyingBusiness Insider: Sam Bankman-Fried is being sent to jail after a judge revoked his bail over alleged witness tamperingJury selection:CoinDesk: Sam Bankman-Fried Can Ask DOJ Witnesses About Drug UseCointelegraph: Sam Bankman-Fried's political donations can be surfaced in trial, rules judge-Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Unchained
SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case - Ep. 551

Unchained

Play Episode Listen Later Oct 3, 2023 74:33


The high-stakes trial of Sam Bankman-Fried is set to begin on October 3, and the FTX founder and former CEO will have to answer for his role in the cryptocurrency exchange's downfall, which led to billions in losses. Both the prosecution and defense are currently preparing for what is set to be a significant milestone for the crypto industry. Kayvan Sadeghi, partner at Jenner & Block and Sam Enzer, partner at Cahill Gordon & Reindel, discuss the differences between a civil and criminal trial, what the jury selection process might look like, and what arguments the prosecution and defense might use to support their cases.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: The difference between a civil and criminal trial and why it's difficult for the defense to prepare while Sam Bankman-Fried is in jail Whether SBF was offered a plea deal and if so, why he didn't take it What the process of vetting jurors looks like and what both sides are looking for What a pre-opening jury charge is and why Judge Lewis A. Kaplan might choose to use it The importance of intent when it comes to SBF's charges The pros and cons of the defense using the argument that the FTX founder was receiving poor legal advice What charges SBF is facing and whether the defense or prosecution has the upper hand How the opening statements of both the prosecution and the defense might play out Whether SBF will be put on the stand and why that could be a "dangerous" move, according to Sam How the defense could respond to testimony from key witnesses like Caroline Ellison or Gary Wang How Judge Kaplan being a "tough sentencer" could impact SBF's jail sentence, according to Sam Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guests: Kayvan Sadeghi, partner and co-chair of Fintech & Crypto Assets at Jenner & Block Previous appearance on Unchained: Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and Congress Samson Enzer, partner at Cahill Gordon & Reindel. Links Previous coverage from Unchained on Sam Bankman-Fried and FTX: Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out Why FTX Might Try to Claw Back Funds From Retail Customers How Much Prison Time Is FTX's Sam Bankman-Fried Facing?  Why the Legal Process for FTX and Sam Bankman-Fried Could Take Years The Chopping Block: SBF Wants to Win in the Court of Public Opinion. Will He? Jesse Powell and Kevin Zhou on How FTX and Alameda Lost $10 Billion Sam Bankman-Fried on How to Prevent the Next Terra and 3AC Details of the trial: Unchained: FTX: The Exchange That Brought Down the Industry CoinDesk:  Here's the Sam Bankman-Fried Trial Schedule The SBF Trial: How Did We Get Here? Here's How FTX Founder Sam Bankman-Fried's Trial May Play Out Forbes: Sam Bankman-Fried Could Face 'Very Long Sentence,' Judge Says Before Denying Release SBF's defense team: Unchained: Sam-Bankman-Fried Files New Request for Temporary Release Before Trial CoinDesk:  U.S. Department of Justice Opposes Sam Bankman-Fried's Latest Move for 'Temporary Release' Key witnesses: Unchained: SBF's Expert Witnesses Barred From Testifying at Trial Reuters: Who is Caroline Ellison, a key witness set to testify against Sam Bankman-Fried? NYT: Prosecutors Detail Evidence Against Sam Bankman-Fried - The New York Times CoinDesk:  All of Sam Bankman-Fried's Proposed Expert Witnesses Should Be Barred From Testifying: DOJ Judge Blocks Sam Bankman-Fried's Proposed Witnesses From Testifying Business Insider: Sam Bankman-Fried is being sent to jail after a judge revoked his bail over alleged witness tampering Jury selection: CoinDesk: Sam Bankman-Fried Can Ask DOJ Witnesses About Drug Use Cointelegraph: Sam Bankman-Fried's political donations can be surfaced in trial, rules judge Learn more about your ad choices. Visit megaphone.fm/adchoices

Unchained
SBF Trial: How Sam Bankman-Fried's Lawyers Might Try and Win His Case - Ep. 551

Unchained

Play Episode Listen Later Oct 3, 2023 74:33


The high-stakes trial of Sam Bankman-Fried is set to begin on October 3, and the FTX founder and former CEO will have to answer for his role in the cryptocurrency exchange's downfall, which led to billions in losses. Both the prosecution and defense are currently preparing for what is set to be a significant milestone for the crypto industry. Kayvan Sadeghi, partner at Jenner & Block and Sam Enzer, partner at Cahill Gordon & Reindel, discuss the differences between a civil and criminal trial, what the jury selection process might look like, and what arguments the prosecution and defense might use to support their cases.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: The difference between a civil and criminal trial and why it's difficult for the defense to prepare while Sam Bankman-Fried is in jail Whether SBF was offered a plea deal and if so, why he didn't take it What the process of vetting jurors looks like and what both sides are looking for What a pre-opening jury charge is and why Judge Lewis A. Kaplan might choose to use it The importance of intent when it comes to SBF's charges The pros and cons of the defense using the argument that the FTX founder was receiving poor legal advice What charges SBF is facing and whether the defense or prosecution has the upper hand How the opening statements of both the prosecution and the defense might play out Whether SBF will be put on the stand and why that could be a "dangerous" move, according to Sam How the defense could respond to testimony from key witnesses like Caroline Ellison or Gary Wang How Judge Kaplan being a "tough sentencer" could impact SBF's jail sentence, according to Sam Thank you to our sponsors! Crypto.com LayerZero Popcorn Network Guests: Kayvan Sadeghi, partner and co-chair of Fintech & Crypto Assets at Jenner & Block Previous appearance on Unchained: Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and Congress Samson Enzer, partner at Cahill Gordon & Reindel. Links Previous coverage from Unchained on Sam Bankman-Fried and FTX: Here's How Sam Bankman-Fried's High-Stakes Trial Could Play Out Why FTX Might Try to Claw Back Funds From Retail Customers How Much Prison Time Is FTX's Sam Bankman-Fried Facing?  Why the Legal Process for FTX and Sam Bankman-Fried Could Take Years The Chopping Block: SBF Wants to Win in the Court of Public Opinion. Will He? Jesse Powell and Kevin Zhou on How FTX and Alameda Lost $10 Billion Sam Bankman-Fried on How to Prevent the Next Terra and 3AC Details of the trial: Unchained: FTX: The Exchange That Brought Down the Industry CoinDesk:  Here's the Sam Bankman-Fried Trial Schedule The SBF Trial: How Did We Get Here? Here's How FTX Founder Sam Bankman-Fried's Trial May Play Out Forbes: Sam Bankman-Fried Could Face 'Very Long Sentence,' Judge Says Before Denying Release SBF's defense team: Unchained: Sam-Bankman-Fried Files New Request for Temporary Release Before Trial CoinDesk:  U.S. Department of Justice Opposes Sam Bankman-Fried's Latest Move for 'Temporary Release' Key witnesses: Unchained: SBF's Expert Witnesses Barred From Testifying at Trial Reuters: Who is Caroline Ellison, a key witness set to testify against Sam Bankman-Fried? NYT: Prosecutors Detail Evidence Against Sam Bankman-Fried - The New York Times CoinDesk:  All of Sam Bankman-Fried's Proposed Expert Witnesses Should Be Barred From Testifying: DOJ Judge Blocks Sam Bankman-Fried's Proposed Witnesses From Testifying Business Insider: Sam Bankman-Fried is being sent to jail after a judge revoked his bail over alleged witness tampering Jury selection: CoinDesk: Sam Bankman-Fried Can Ask DOJ Witnesses About Drug Use Cointelegraph: Sam Bankman-Fried's political donations can be surfaced in trial, rules judge Learn more about your ad choices. Visit megaphone.fm/adchoices

Live at America's Town Hall
National First Amendment Summit

Live at America's Town Hall

Play Episode Listen Later Sep 15, 2023 157:27


The National Constitution Center, in partnership with a coalition of leading free speech organizations, is convened a National First Amendment Summit on September 13, 2023 to discuss the increasing threats to freedom of expression and to celebrate the opening of the Center's new First Amendment gallery. This program is presented in partnership with the Freedom Forum, FIRE, the First Amendment Watch at NYU, PEN America, and the Reporters Committee for Freedom of the Press. Keynote: A Conversation with Salman Rushdie  The keynote panel of the event, a conversation with author and free speech advocate Salman Rushdie about the importance of free speech in a democratic society and the forces of censorship that imperil its existence, was moderated by Suzanne Nossel, CEO of PEN America. Panel 1: The Origins of the First Amendment and Its Central Role in Democracy Probing the origins of the First Amendment and its critical role as a check on the government Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University Jacob Mchangama, founder and CEO of The Future of Free Speech Project; Research Professor at Vanderbilt University Stephen Solomon, Marjorie Deane Professor of Journalism at New York University; founder of NYU's First Amendment Watch Moderator: Jeffrey Rosen, president and CEO of the National Constitution Center Panel 2: The First Amendment in the Courts Exploring the current legal controversies filling the daily headlines—from defamation to book banning to threatening language Floyd Abrams, senior counsel at Cahill Gordon & Reindel Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University Lyrissa Lidsky, Raymond & Miriam Ehrlich Chair in U.S. Constitutional Law at Florida Law Moderator: Bruce Brown, executive director of the Reporters Committee for Freedom of the Press Panel 3: The First Amendment on Campus and Online Examining the increasing conflicts involving free speech on campuses and online in an age of social media, artificial intelligence, and other new technologies Will Creeley, legal director at FIRE, the Foundation for Individual Rights and Expression Jeannie Suk Gersen, John H. Watson, Jr., Professor of Law at Harvard Law School Nadine Strossen, John Marshall Harlan II Professor of Law, Emerita, at New York Law School Moderator: Jeffrey Rosen, president and CEO of the National Constitution Center Stay Connected and Learn More  Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today's conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

The Brian Lehrer Show
Fox News Settles Dominion's Defamation Lawsuit

The Brian Lehrer Show

Play Episode Listen Later Apr 19, 2023 33:18


Floyd Abrams, first amendment lawyer, senior counsel at Cahill Gordon & Reindel LLP, author of The Soul of the First Amendment (Yale University Press, 2017), discusses the historic settlement ($785 million) Fox News has reached with Dominion Voting Systems and its first amendment implications.

Brian Lehrer: A Daily Politics Podcast
Legendary First Amendment Lawyer Floyd Abrams On The Fox-Dominion Settlement

Brian Lehrer: A Daily Politics Podcast

Play Episode Listen Later Apr 19, 2023 21:26


After Dominion's settlement over Fox News's false claims in its coverage of the 2020 election and the company's voting machines, we look at the limits of a free press. On Today's Show:Floyd Abrams, first amendment lawyer, senior counsel at Cahill Gordon & Reindel LLP, author of The Soul of the First Amendment (Yale University Press, 2017), discusses the historic settlement ($785 million) Fox News has reached with Dominion Voting Systems and its first amendment implications.

RAISE Podcast
126: Scott Mory, Carnegie Mellon University

RAISE Podcast

Play Episode Listen Later Sep 8, 2022 68:40


Scott Mory is Carnegie Mellon University's vice president for University Advancement. He is responsible for overseeing the university's overall advancement efforts and for building partnerships with all of CMU's philanthropic and volunteer communities, including university alumni, parents and friends; charitable foundations; and corporate donors. Appointed in 2015, Mory works closely with administrative and academic leadership to develop advancement plans and resources to fulfill the university's potential and support its continued ascent. Under his leadership, in October 2019 the university launched its most ambitious philanthropic campaign to date — Make Possible: The Campaign for Carnegie Mellon University. Thus far, more than 56,000 supporters have supported the campaign, committing $1.9 billion of its $2 billion goal. Among the impacts these supporters have had include the creation of 50 new endowed faculty chairs, including 4 endowed deanships; more than 300 new endowed scholarships and fellowships; and new world-class facilities like the Tepper Quad and ANSYS Hall, as well as new planned facilities for science and for health, wellness and athletics.Mory was elected to the Board of Trustees of the Council for the Advancement and Support of Education (CASE) in July 2022. In the Pittsburgh community, Mory is a member of the Andy Warhol Museum Advisory Board and the AHN Cancer Institute Advisory Council. Prior to joining CMU, Mory served as associate senior vice president and campaign director at the University of Southern California, managing the day-to-day activities of the Campaign for USC, a historic effort to raise $6 billion. He joined USC in 2007 as associate senior vice president for Alumni Relations, a position he held until his promotion to campaign director in 2012. Prior to USC, Mory served as assistant vice president for Alumni Relations and Annual Giving at George Washington University. He also was an adjunct professor in the university's law school, teaching a first-year course on legal research, writing and oral advocacy. Scott holds a bachelor's degree from the George Washington University and a juris doctor from the George Washington University Law School. Following law school, he clerked for the Hon. John Garrett Penn of the U.S. District Court for the District of Columbia and practiced as a litigation associate at the New York office of Cahill Gordon & Reindel LLP.

In House Warrior
Is New York Times v. Sullivan in Jeopardy, With First Amendment Icons Floyd Abrams of Cahill Gordon & Reindel and Chip Babcock of Jackson Walker With Host Richard Levick of LEVICK

In House Warrior

Play Episode Listen Later Mar 29, 2022 40:06


Is New York Times v. Sullivan in Jeopardy, With First Amendment Icons Floyd Abrams of Cahill Gordon & Reindel and Chip Babcock of Jackson Walker With Host Richard Levick of LEVICK: Over the past few U.S. Supreme Court terms, we have heard justices initiate discussions on the sanctity of long settled areas of U.S. Constitutional law including Roe v Wade, the Chevron Doctrine regarding administrative review, New York Times v. Sullivan and more. This show address rising concerns by court watchers that this landmark case – decided to protect journalists and activists during the Civil Rights movement a half century ago – might be in jeopardy. The Court had ruled that the freedom of speech protections in the First Amendment restricted the ability of American public officials to sue for defamation, a cornerstone to the smooth functioning of investigative journalism. Richard Levick of LEVICK moderates a fascinating conversation with Floyd Abrams, Senior Counsel at Cahill Gordon & Reindel; described by Senator Daniel Patrick Moynihan as “the most significant First Amendment lawyer of our age,” and one of the nation's leading authorities on free speech and Chip Babcock, a partner at Jackson Walker, a litigator for celebrities, networks and publishers on the most important and highest profile First Amendment issues of our time.

Albany Law School Podcast
Hiring: The Legal Job Market Across the Board

Albany Law School Podcast

Play Episode Listen Later Jan 26, 2021 59:24


Tune in to this special podcast episode from the Career and Professional Development Center, "Hiring: The Legal Job Market Across the Board." Learn about the state of legal hiring from many different perspectives: public interest, government, big firm, and small law firm. Panelists include: Donna Manion - Director of Legal Recruiting & Personnel at Cahill Gordon & Reindel LLP Lillian Evans - Deputy Director of Legal Recruitment at NYC Law Department, Office of the Corporation Counsel Robert Romaker - Managing Attorney at Legal Aid Society of Northeastern New York Sateesh Nori - Attorney-in-Charge at the Queens Neighborhood Office of the Legal Aid Society Stacy Smith - Firm Administrator and Marketing Director at Monaco, Cooper, Lamme, & Carr, PLLC This panel was recorded on Jan. 22, 2021. More from the Career and Professional Development Center: https://www.albanylaw.edu/careers

Bigger Than Us
#112 Adam Zurofsky, Founding Executive Director of Rewiring America

Bigger Than Us

Play Episode Listen Later Nov 6, 2020 42:09


Adam Zurofsky currently serves as Founding Executive Director of Rewiring America, a non-profit dedicated to combatting climate change and spurring economic growth through the rapid and widespread electrification of the U.S. economy. As Executive Director, Adam sets RA’s strategic priorities, manages its policy development, partnership, and communications activities, and manages all day-to-day operations. Until mid-2019, Adam served as Director of State Policy and Agency Management for the State of New York where he led the development and implementation of all major policy initiatives for Governor Cuomo and was responsible for strategic management of the State’s executive agencies and authorities and their more than 150,000 employees. Prior to that, Adam served as Deputy Secretary for Energy and Finance for the State of New York where he directly oversaw all policy and regulatory aspects of New York State's energy, climate, and finance portfolios as well as the following State agencies and authorities: the Department of Public Service (DPS), the New York Power Authority (NYPA), the Long Island Power Authority (LIPA), the New York State Energy Research and Development Authority (NYSERDA), including its New York Green Bank, the Department of Financial Services (DFS), including its Banking, Insurance and Consumer Protection divisions, and the Department of Taxation and Finance, among others. Adam was responsible for leading implementation of Governor Cuomo's climate agenda, including establishing the U.S. Climate Alliance of 25 states committed to upholding the Paris Climate Accords and the decarbonization of the over $200 billion New York Common Retirement Fund. Before joining the Cuomo administration, Adam was a partner in the New York law firm of Cahill Gordon and Reindel, LLP, where he advised leading companies, financial institutions and their boards in a wide variety of regulatory, litigation and corporate governance matters. During his almost 18 years with Cahill, Adam also chaired the Firm’s associate development program and was recognized as one of the Top 10 Securities Lawyers under 40 in the nation. Adam currently teaches climate policy at Columbia University’s School of International and Public Affairs. He previously co-founded Fordham Law School’s Corporate Sustainability Initiative and has served as a member of Fordham’s Adjunct Faculty, teaching on issues such as corporate social responsibility and impact/ESG investing. He is a published author and a regular speaker at conferences on topics ranging from climate policy to clean energy finance to corporate social responsibility. Adam holds an A.B. with honors in Political Science from Stanford University, where he was elected to Phi Beta Kappa, and a J.D. cum laude from Harvard Law School. Adam was previously a member of The Brookings Institution's Leadership Council for Governance Studies as well as the Board of Directors of the Roundabout Theatre Company. He was also a founding Board member of Civics Unplugged. Adam lives in New York City with his wife and their three children. https://www.rewiringamerica.org/ https://www.rewiringamerica.org/household-savings-report Saul Griffith on the Green New Deal and the enormous opportunity in shooting for the moon https://nexuspmg.com/

ACG NY Podcast Series
ACG NY: Cyber Security during COVID-19 & Beyond. Are you and your portco's Cyber Secure?

ACG NY Podcast Series

Play Episode Listen Later Apr 21, 2020 43:56


Intelligence agencies, security firms and Big Tech giants are all ringing alarm bells over the growing threat from cybercriminals in the wake of the global COVID-19 pandemic.  https://www.cahill.com/professionals/david-owen (David Owen, Partner at )https://www.cahill.com/professionals/david-owen (Cahill Gordon & Reindel )speaks to ACG NY about Cyber threat actors taking advantage of the current situation, what firms are doing to reassess and re-evaluate their cyber security options and what factors they must consider in doing so. How are organizations responding to incidents and disruptions amidst data and privacy issues, what key regulation and compliance must firms adhere to and what exactly is a Phishing attack!  Is the Private Equity class, especially in the Lower Middle and Middle Market cyber aware + secure?    Support this podcast

College Commons
Amanda Berman: The Zioness Movement

College Commons

Play Episode Listen Later Mar 17, 2020 30:58


Fighting anti-Zionism in progressive spaces. Amanda Berman is the Founder and Executive Director of the Zioness Movement, a new initiative empowering and activating Zionists on the progressive left to stand proudly in social justice spaces as Jews and Zionists. Until she recently made the transition to focusing exclusively on building the much-needed Zioness community, Amanda was also a civil rights attorney fighting anti-Semitism legally, spearheading such groundbreaking initiatives as the international action against Kuwait Airways for its discrimination against Israeli nationals, and the dual cases against San Francisco State University for its constitutional and civil rights violations against Jewish and Israeli students and community members. ​ Amanda writes on Jewish and civil rights issues and is a media contributor across various mediums and outlets. She has spoken and presented before diverse audiences including Hadassah, JNF, B'nei Brith, Jewish Federation, AIPAC, JCRC, Hillel, and many others. She is a graduate of the Anti-Defamation League's Glass Leadership Institute, the recipient of Hadassah's prestigious Myrtle Wreath Award, and was listed by the Algemeiner as one of the top "100 people positively contributing to Jewish life" in 2018. She previously served for 5 years as an Executive Board Member at Friends of the IDF, Young Leadership NY. Amanda graduated from the University of Pennsylvania with a BA in Diplomatic History and a Master of Governmental Administration and received her Juris Doctor from the Benjamin N. Cardozo School of Law, where she was a Public Service Scholar; served in the Bet Tzedek Legal Services Clinic, providing legal services to the underrepresented; served in the Advanced Human Rights Clinic, providing legal services to immigrants and refugees; sat on the Executive Board of the Cardozo Advocates for Battered Women; and was a Fellow in the Holocaust, Genocide and Human Rights Clinic. She practiced securities litigation at Cahill Gordon & Reindel LLP before dedicating her career to the advancement and protection of the Jewish people and the Zionist community.

New York City Bar Association Podcasts -NYC Bar
Freedom of Speech in 21st Century America: Second Annual First Amendment Program

New York City Bar Association Podcasts -NYC Bar

Play Episode Listen Later May 7, 2019 104:34


On December 3, 2018, experts discussed the legal issues relating to the First Amendment and freedom of speech. Topics included the scope and limits of First Amendment protection for certain types of speech, whether by news and media outlets, on school campuses, via social media, or as part of public protests. The program covered the current state of the law and recent developments. With an eye toward contributing to the public understanding of this complex area of law, it focused on the legal issues and on identifying and addressing the areas where legal line-drawing either is fairly easy or remains difficult and uncertain. Opening Remarks: Roger Juan Maldonado, President, New York City Bar Association Panel: Alex Abdo, Senior Staff Attorney, Knight First Amendment Institute Floyd Abrams, Senior Counsel, Cahill Gordon & Reindel LLP Daniel J. Kornstein, Partner, Emery Celli Brinckerhoff & Abady LLP Carmelyn P. Malalis, Chair & Commissioner, NYC Commission on Human Rights Nadine Strossen, John Marshall Harlan II Professor of Law, New York Law School Moderator: Jamal Greene, Dwight Professor of Law, Columbia Law School Sponsoring: New York City Bar Association City Bar Justice Center City Bar Office for Diversity & Inclusion Co-Sponsoring Association Committees: Civil Rights Committee, Philip Desgranges, Chair Federal Courts Committee, Laura Grossfield Birger, Chair Communications & Media Law Committee, Katherine M. Bolger, Chair Legal History Committee, Daniel J. Kornstein, Chair

Please Explain (The Leonard Lopate Show)
How The First Amendment Works

Please Explain (The Leonard Lopate Show)

Play Episode Listen Later Oct 6, 2017 31:35


In a time when the president is openly attacking the press for negative stories and neo-Nazis in Charlottesville are claiming freedom of speech while protesting the removal of Confederate monuments, this week’s Please Explain is all about the First Amendment. Our guest is Floyd Abrams, author of The Soul of the First Amendment and a senior partner in the law firm Cahill Gordon & Reindel. He has argued in numerous high-profile, free-speech cases in front of the Supreme Court including Citizens United.

You University | The Personal Branding Podcast
15: 200 Comments & Counting: How to Create an Engaged Online Community

You University | The Personal Branding Podcast

Play Episode Listen Later Mar 15, 2015 42:10


Kat Griffin, Corporette’s founder, publisher and editor-in-chief , is an attorney and a journalist by trade, who attended Northwestern’s Medill School of Journalism and Georgetown Law School. Between college and law school, she worked for magazines like Family Circle, Time and Sportswear International, and post-law school, for the prestigious law firm Cahill Gordon and Reindel. In May 2008, Kat began writing Corporette. Corporette has received acclaim from sources like the American Bar Association, who named the site one of the “Top 100 Blawgs” for three years in a row, Forbes, who named Corporette one of the Top 100 Websites for Women, The New York Times, The ABA Journal, The National Law Journal, Above the Law, Jezebel, Glamour Magazine, the Wall Street Journal’s Law Blog, the Wall Street Journal’s “The Juggle” blog, Law.com’s Careerist Blog, The Huffington Post, and more. Ready to build your brand? Get your 15 Free Videos RIGHT NOW http://goo.gl/oDCqdL

FedSoc Events
[Archive Collection] Panel III: Freedom of Speech and Press: Permissible and Impermissible Content Based Restrictions

FedSoc Events

Play Episode Listen Later Jan 1, 1986 96:34


On March 7-8, 1986, The Federalist Society hosted its annual National Student Symposium at Stanford Law School. The topic of the conference was "The First Amendment: Constitutional Principles & Public Policy." One of the panels covered "Content-Based Discriminations and Their Distinctions Under the First Amendment." Featuring:Introduction: C. Boyden Gray, Counsel, Vice President George H. W. BushJudge Antonin Scalia, United States Court of Appeals, DC CircuitProfessor Richard Epstein, University of Chicago Law SchoolFloyd Abrams, Partner, Cahill Gordon & ReindelProf. Lino Graglia, University of Texas Law School