Wire fraud requires you to prove that a fraud actually took place which won’t as simple as you might think in this case.
The wire part of wire fraud is easy since it involved the internet and there is plenty of evidence of communications. However the fraud part would be hard enough to present to a Grand Jury for an indictment and probably even harder to convict on especially within the given time frame.
So I'm confused. The front-page article on HN is about why SBF isn't arrested yet. So shouldn't we already have a well-thought out suspicion of what he might be guilty of?
Basically, do we think this is just another financial bet gone sour (not illegal in itself)? Or do we think SBF stole something, lied about something, etc?
Honestly I don’t know, crypto in general is a scam in my book but I’m very well aware that doesn’t makes it illegal.
Now what SBF is actually guilty of I can’t tell you, you’ll might be able to find a large number of various small violations in terms of fiduciary responsibility but I do not have the sufficient legal expertise to start unpacking this.
I definitely haven’t seen anything specifically that amounts of wire fraud the closest public thing might be when they insinuated that FTX deposits are covered by FDIC insurance.
Which kind of brings us to the next problem not with FTX but with crypto exchanges as a whole they don’t seem to act as only as exchanges but also as banks and investment funds. Stock, derivatives and other goods exchanges don’t tend to have customer deposits their roles is to connect between buyers and sellers and provide arbitration services to execute trades.
Every time I look at crypto exchanges my brain starts to hurt and I can only think to myself how is any of this shit is even legal.
Other potential issues would be the relationship between FTX and Alameda normally you will never be able to have that conflict of interests between an exchange and a market maker in any regulated equity market.
I also don’t understand how or why these exchanges can issue their own tokens that would normally be equivalent to a promissory note.
I honestly can’t wait until this entire crypto fab dies over but I also unfortunately don’t see people going to jail over any of this nonsenses.
