Isn’t it risky for him to testify? Won’t he be subjected to withering cross-examination from well-prepared prosecutors who will trap him in lies? Well! I mean, sure, probably. But if he does not testify, all the jury will have is (1) the testimony of FTX customers who are like “all our money is gone,” (2) the testimony of all of his closest friends and colleagues testifying “yeah we stole all the money because Sam told us to” and (3) screenshots of FTX computer code that is like “IF you_feel_like_it THEN steal(all.the.money).” His testimony just cannot make things worse! The jury is going to get the prosecutors’ story and it is really, really, really, really bad for Bankman-Fried. He needs to tell his side of the story to have any shot at all. If his testimony has a 10% chance of being compelling and a 90% chance of being disastrous, that is all upside.4 If he does not testify, that is 100% disastrous.
‘Enforcement 40’ for 2020
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