The Justice Insiders: Giving Outsiders an Insider Perspective on Government

The Sam Bankman-Fried Trial: Defendants Testifying (Poorly), FOMO, and How to Actually Blame Lawyers

Episode Summary

Host Gregg N. Sofer welcomes Husch Blackwell partner Jonathan Porter to the podcast to discuss the conclusion of one of the most closely watched jury trials in recent memory: the guilty verdict on all counts against Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX. Gregg and Jonathan provide a short introduction to the charges against SBF before diving into some of the more interesting elements of the trial and trial strategy, including the use of the advice of counsel defense and the always fraught decision to put a defendant in a criminal trial on the stand to testify. In addition to the many cautionary aspects of the SBF prosecution, the trial also highlighted the role of due diligence and accounting controls in the context of investment fraud, as well as the influence that FOMO—the fear of missing out—exerts on dealmakers and investors alike.

Episode Notes

Host Gregg N. Sofer welcomes Husch Blackwell partner Jonathan Porter to the podcast to discuss the conclusion of one of the most closely watched jury trials in recent memory: the guilty verdict on all counts against Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX. 

Gregg and Jonathan provide a short introduction to the charges against SBF before diving into some of the more interesting elements of the trial and trial strategy, including the use of the advice of counsel defense and the always fraught decision to put a defendant in a criminal trial on the stand to testify. In addition to the many cautionary aspects of the SBF prosecution, the trial also highlighted the role of due diligence and accounting controls in the context of investment fraud, as well as the influence that FOMO—the fear of missing out—exerts on dealmakers and investors alike.

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.