Caroline Ellison, the previous head of Sam Bankman-Fried’s crypto hedge fund and the federal government’s star witness within the felony fraud case in opposition to the FTX founder, testified Tuesday that she and her ex-boss defrauded prospects, buyers and lenders.
“Sure, we did,” Ellison stated, when Danielle Sassoon, assistant U.S. legal professional, requested if she dedicated against the law. “I imply Sam and I and others.”
From a courthouse in downtown Manhattan, Ellison then listed her crimes: “fraud, conspiracy to commit fraud and cash laundering.”
Ellison, who ran Alameda Analysis, pleaded responsible in December to 2 counts of wire fraud, two counts of conspiracy to commit wire fraud, conspiracy to commit commodities fraud, conspiracy to commit securities fraud and conspiracy to commit cash laundering. A part of the 28-year-old’s plea take care of the federal government has concerned cooperating with the prosecution’s case in opposition to Bankman-Fried.
Ellison’s testimony began at 12:37 p.m. and lasted lower than 10 minutes earlier than the court docket broke for lunch. It resumed a little bit after 2 p.m. and ran for 2 separate hourlong blocks within the afternoon. Prosecutors stated Ellison will seemingly be on the stand for many of Wednesday as effectively.
Donning a pink costume with a free grey blazer and glasses, Ellison offered a short background of how she bought to know Bankman-Fried. They met when she was an intern at Jane Avenue, a proprietary buying and selling agency in New York. They later labored collectively at Alameda and dated for a few years, she stated, including that Bankman-Fried was her boss throughout that point.
Ellison was one in all Bankman-Fried’s earliest recruits to Alameda in 2017. Bankman-Fried had reportedly satisfied the Stanford graduate to ditch her job at Jane Capital to hitch Alameda as a dealer when the hedge fund was nonetheless in its unique workplace within the San Francisco Bay space.
Caroline Ellison, former CEO of Alameda Analysis, heart, arrives at court docket in New York on Oct. 10, 2023.
Yuki Iwamura | Bloomberg | Getty Photographs
When requested by Sassoon to establish the defendant, Ellison stood up and, for nearly 30 seconds, seemed across the room. She turned her head all the way in which to the left to the jury field and again to the fitting once more a number of instances earlier than lastly figuring out Bankman-Fried as sitting “over there and sporting a swimsuit.” The 2 hadn’t made eye contact when Ellison walked by earlier. Bankman-Fried, who was recognized for his floppy hair and seashore shorts, bought a recent haircut previous to the trial, reportedly from a fellow inmate on the jail in Brooklyn the place he has been held since August.
Ellison stated Bankman-Fried was the unique CEO and proprietor of Alameda.
“Sam directed me to commit these crimes,” she stated. He “directed us to take buyer cash to pay loans.”
Bankman-Fried, 31, faces seven federal fees, together with wire fraud, securities fraud and cash laundering, all tied to the collapse of FTX and Alameda late final yr. If convicted within the trial that started per week in the past, Bankman-Fried may spend his life in jail. He has pleaded not responsible.
‘We do not actually have cash for this’
Central to the case in opposition to Bankman-Fried is the billions of {dollars} that flowed from buyer accounts at FTX to Alameda, which had an enormous gap in its stability sheet after the crypto markets turned in 2022.
Ellison stated Alameda took a number of billion {dollars} from FTX prospects and that Bankman-Fried had not solely arrange a system to steal the funds, but additionally directed Ellison and others to make use of buyer funds to repay loans within the ballpark of $10 billion.
“We in the end took round $14 billion, a few of which we had been capable of pay again,” she stated. “I despatched stability sheets to lenders on the course of Sam that incorrectly acknowledged Alameda’s property and liabilities.”
She stated the numbers had been adjusted to make Alameda look much less dangerous as an funding.
Following lunch recess, Ellison was requested about her relationship with Bankman-Fried. She stated they started relationship in the summertime of 2021 although they’d been sleeping collectively on occasion earlier than that. The connection was on-again, off-again till the spring of 2022, after they broke up for good.
Ellison stated she rapidly found after being employed that Alameda was in a lot worse form than she’d anticipated. The agency had suffered giant losses, lenders had pulled out and lots of workers had stop.
Concerning the comingling of funds, Ellison stated Bankman-Fried was nonetheless CEO of Alameda when the apply of funneling cash from FTX to the hedge fund started. Ellison stated she was underneath the impression that it was FTX buyer cash as a result of the sums exceeded the alternate’s earnings and the quantity of capital it had raised.
In mid-2021, when FTX purchased fairness within the firm again from rival alternate and early investor Binance, it used $1 billion in buyer cash for the transaction, Ellison testified. That adopted an in-person dialog between Ellison, Bankman-Fried and Sam Trabucco, Alameda’s co-CEO.
On this courtroom sketch, U.S. District Choose Lewis Kaplan presides over the fraud trial of Sam Bankman-Fried over the collapse of FTX, the bankrupt cryptocurrency alternate, at Federal Courtroom in New York Metropolis on Oct. 3, 2023.
Jane Rosenberg | Reuters
“We do not actually have cash for this,” Ellison recalled saying. “We’ll need to borrow from FTX to do it.”
Bankman-Fried instructed her that was OK as a result of it was vital and “now we have to get it performed,” she stated.
Enter the FTT token. Bankman-Fried created the digital coin and Alameda initially owned 60% to 70% of the provision, having paid nothing for it. Within the heyday of crypto, tasks generally created their very own currencies, which regularly traded on numerous exchanges in a vogue just like shares.
When the FTT token was supplied in a seed spherical, the worth was 10 cents. By the point it went public on exchanges in 2019, the worth was $1. FTT finally traded at about $50 a token, lifting Alameda’s stake to billions of {dollars}.
Ellison stated she was instructed to place FTT cash on Alameda’s stability sheet to get extra loans from corporations like Genesis. Ellison testified that she thought the transfer was deceptive, although she stated Bankman-Fried reassured her that it could be a separate merchandise and it was OK.
Different crypto cash had been additionally added to Alameda’s stability sheet and had been internally known as “Sam cash.” Solana and Serum had been examples.
One other drawback Ellison highlighted was the roughly $5 billion in private loans that Alameda gave to insiders, together with a $35 million mortgage to former prime FTX govt Ryan Salame that went to donations for Republican political candidates. Ellison stated she realized of the loans when she was making ready Alameda’s stability sheets.
Ellison stated she was involved in regards to the loans as a result of they had been going to essentially “illiquid issues like early-stage corporations.” As a result of construction of the loans, they could possibly be known as at any time, creating the danger that Alameda could be pushed into chapter 11.
“Sam directed us to borrow as a lot cash as we may at no matter phrases we may,” she testified.
Ellison stated her evaluation confirmed that Alameda had $9.4 billion in loans from third-party lenders, and $8 billion in liquid property. Subtracting “Sam’s cash,” the web asset worth was detrimental $2.7 billion.
Bankman-Fried gained consideration for his hefty political donations, which he stated had been “very efficient,” with “very excessive returns when it comes to affect by spending comparatively small quantities,” in response to Ellison. She gave the instance of a $10 million donation from Bankman-Fried to U.S. President Joe Biden’s presidential marketing campaign.
Ellison testified that her base wage was $200,000, with two bonuses a yr, starting from $100,000 to $20 million. She additionally obtained compensation in FTX fairness, equal to about 0.5% of the corporate.
— CNBC’s Daybreak Giel contributed to this report.
WATCH: Caroline Ellison testifies Sam Bankman-Fried directed her to commit crimes