A federal appeals court has formally closed a major chapter in the FTX saga: on Aug. 4 the U.S. Court of Appeals for the Second Circuit issued its mandate putting its June appellate judgment into effect and affirming Sam Bankman-Fried’s conviction, 25-year prison sentence and roughly $11 billion forfeiture order. Quick timeline: a jury found Bankman-Fried guilty in November 2023 on seven counts of fraud and conspiracy tied to the collapse of FTX and Alameda Research. In March 2024 U.S. District Judge Lewis Kaplan sentenced him to 25 years and ordered approximately $11 billion forfeited. The three-judge Second Circuit panel—Judges Barrington Parker, Eunice Lee and Maria Araújo Kahn—unanimously rejected SBF’s appeals, finding no reversible error in the trial’s evidentiary rulings or jury instructions. “For the reasons set forth below, we affirm the judgment of the district court,” the panel wrote in its June opinion; the Aug. 4 mandate simply made that ruling official and returned jurisdiction to the lower court. Central to the appeals court’s decision was the question of whether transfers of customer funds to Alameda constituted wire fraud even if Bankman-Fried believed the money could later be repaid. The court sided with prosecutors: wire fraud occurred the moment customer funds were moved without authorization. As Judge Parker explained, customers were “defrauded as soon as Bankman‑Fried transferred their money to Alameda regardless of how strongly he believed he might later return the money.” The panel also held that evidence about later appreciation of FTX-linked assets did not negate the criminal nature of the initial transfers. Prosecutors had shown customer deposits were used to fund investments, political donations and real estate purchases while SBF publicly insisted customer funds were safe. The ruling also underscores an important legal distinction for the crypto world: criminal liability and bankruptcy recoveries remain separate. FTX’s Chapter 11 process continues to return assets to creditors—unrelated to the criminal judgment—and the exchange proceeded with a fifth distribution scheduled for July 31, with nearly $900 million expected to reach claimants in approved Convenience and Non‑Convenience classes. Eligible creditors needed to meet pre‑distribution requirements by the June 16 record date; providers handling payments include Kraken, Payoneer and BitGo. Those distributions stem from the reorganization plan and do not reverse the criminal findings against Bankman‑Fried. Options left for SBF are limited. He can petition the U.S. Supreme Court, but the high court accepts few cases and simply filing a petition would not automatically pause his sentence or undo the appellate mandate. Clemency remains another path; Bankman‑Fried has sought a pardon, but President Donald Trump said in January he was not considering one. Political opposition has hardened: in July the U.S. Senate passed a nonbinding, unanimous-resolution opposing any pardon, commutation or other federal clemency for the former FTX CEO. While the resolution doesn’t strip the president of constitutional pardon power, it signals bipartisan resistance to reducing SBF’s punishment even as FTX continues returning recovered assets to creditors. Read more AI-generated news on: undefined/news
