The Justice Insiders: Giving Outsiders an Insider Perspective on Government

Demystifying Sentences for White Collar Crimes: What’s Next for SBF

Episode Summary

Host Gregg N. Sofer welcomes Husch Blackwell’s Jonathan Porter back to the podcast to discuss the sentencing of Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX who was convicted in late 2023 on multiple counts. On March 28, Bankman-Fried received a sentence of 25 years in prison. Our discussion explores the Bankman-Fried sentence in light of recent corporate criminal convictions, as well as the federal sentencing guidelines. Gregg and Jonathan also discuss the statutory framework and human elements at play in sentencing determinations. Unlike most criminal defendants dealing with federal charges, Bankman-Fried did not reach a plea agreement but rather chose to go to trial. Although he lost at trial, Bankman-Fried did preserve his right to an appeal. Gregg and Jonathan explore how the appeal might unfold, given some of the peculiarities of the trial.

Episode Notes

Host Gregg N. Sofer welcomes Husch Blackwell’s Jonathan Porter back to the podcast to discuss the sentencing of Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX who was convicted in late 2023 on multiple counts. On March 28, Bankman-Fried received a sentence of 25 years in prison. Our discussion explores the Bankman-Fried sentence in light of recent corporate criminal convictions, as well as the federal sentencing guidelines. Gregg and Jonathan also discuss the statutory framework and human elements at play in sentencing determinations.

Unlike most criminal defendants dealing with federal charges, Bankman-Fried did not reach a plea agreement but rather chose to go to trial. Although he lost at trial, Bankman-Fried did preserve his right to an appeal. Gregg and Jonathan explore how the appeal might unfold, given some of the peculiarities of the trial.

Gregg N. Sofer Biography

Full Biography

Gregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, and regulatory compliance. Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney’s Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, government contract fraud, national security, cyber-crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime.

Jonathan Porter Biography

Full Biography

As a former federal prosecutor with extensive experience in both criminal and civil matters, Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, with an emphasis on matters within the healthcare industry. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer, was a key member of multiple international healthcare fraud takedowns and prosecuted a series of high-profile financial crime cases. He teaches white collar crime as an adjunct professor of law at Mercer University School of Law and hosts the False Claims Act Insights podcast.

Additional Resources

The Justice Insiders, Episode 19, “The Sam Bankman-Fried Trial: Defendants Testifying (Poorly), FOMO, and How to Actually Blame Lawyers,” November 15, 2023

U.S. Department of Justice, “Samuel Bankman-Fried Sentenced to 25 Years for His Orchestration of Multiple Fraudulent Schemes,” March 28, 2024

U.S. Sentencing Commission, Guidelines Manual 2023