Science & Environment
Caroline Ellison could face no jail time for role in FTX collapse
Caroline Ellison, former chief executive officer of Alameda Research LLC, center, arrives at court in New York, US, on Tuesday, Oct. 10, 2023.
Yuki Iwamura | Bloomberg | Getty Images
Caroline Ellison was the star witness in the criminal case against disgraced FTX founder Sam Bankman-Fried. On Tuesday, she will face her own sentencing.
Ellison’s role in the implosion of the crypto empire run by her former boss and ex-boyfriend Sam Bankman-Fried was to lie to investors, help steal billions of dollars from FTX customers, and subsequently re-purpose those funds toward bets and debts accrued at Alameda Research, the digital asset hedge fund she helmed as CEO.
Bankman-Fried and Ellison are both, in the eyes of the U.S. judicial system, guilty of the same crimes.
Two counts of wire fraud, two counts of conspiracy to commit wire fraud, one count of conspiracy to commit securities fraud, one count of conspiracy to commit commodities fraud, and one count of conspiracy to commit money laundering. Those charges carry a statutory maximum sentence of around 110 years, but there’s a sliding scale that takes into account the scope of the crimes and the criminal history of the defendant.
CNBC spoke to former federal prosecutors, trial attorneys and legal experts to get their take on what may be in store for Ellison at Tuesday’s hearing. They agree that Ellison is likely to walk away without any jail time at all.
After a jury of twelve unanimously found Bankman-Fried guilty of all seven criminal charges against him in November, he was sentenced in March to 25 years for his crypto fraud and ordered to pay $11 billion in forfeiture.
Unlike Bankman-Fried, Ellison agreed to a plea deal in December 2022. She pled guilty to all charges against her and spent two years cooperating with the government, regulators and the FTX bankruptcy estate.
Meanwhile, Bankman-Fried continues to deny virtually all criminal wrongdoing and is attempting to get his case retried.
Lawyers for Ellison and Bankman-Fried did not immediately respond to requests for comment.
Government exhibit in the case against former FTX CEO Sam Bankman-Fried.
Source: SDNY
No time behind bars
Cooperation with the prosecution in white collar crimes, even in what has been billed as “one of the biggest financial frauds in American history,” goes a long way.
Ellison was the most important of the several insiders who testified for the government, said former Assistant U.S. Attorney Kevin J. O’Brien, who specializes in white-collar criminal defense in New York.
“Because of the closeness of her relationship to Sam, she was able to provide a personal portrait of Bankman-Fried, an elusive character to be sure, that was probably unique in the government’s case,” O’Brien said.
The federal Probation Department has recommended “time served with three years of supervised release” as a credit to Ellison’s “extraordinary cooperation with the government” and “her otherwise unblemished record.”
While District Judge Lewis Kaplan is under no obligation to accept the Probation Department’s recommendation, O’Brien said that, along with some sort of fine, that would be “a fair sentence” because it reflects the “enormous value” of Ellison’s cooperation.
The U.S. legal system tends to favor reduced sentences for those who assist in bringing down higher targets, said Braden Perry, a former senior trial lawyer for the Commodity Futures Trading Commission.
At most, Perry estimates that Ellison, who is the third executive tied to Bankman-Fried’s enterprise to be sentenced, faces 18 months in prison and three years of supervised release.
Though Ellison was deeply involved in the fraudulent activities, “she did not have the same control or directorial authority as SBF, which will likely influence the judge’s decision about imposing a light sentence,” Perry said.
Encouragement to cooperate
More than likely, Ellison’s conviction will entail several years of supervised release and community service with a slew of attached activity restrictions, such as no trading in both crypto and non-crypto markets or foreign travel, said Yesha Yadav, law professor and Associate Dean at Vanderbilt University.
Unlike Bankman-Fried who has faced public admonition and been portrayed by the government as a recidivist character, Ellison has been praised repeatedly by prosecutors and by new FTX CEO and bankruptcy administrator John Ray III.
“On the stand, she came across as someone who felt guilt and pain at what she had done,” Yadav said.
SBF’s defense team asked for no more than 6.5 years of incarceration, but Kaplan said Ellison’s testimony ultimately proved pivotal to his decision to sentence Bankman-Fried to nearly four times that.
Kaplan also sided with federal prosecutors when he revoked Bankman-Fried’s bail and sent him back to jail for witness tampering after he leaked private diary entries written by Ellison. Kaplan described the leak by Bankman-Fried as one designed to “hurt” and “discredit” Ellison.
Ellison “suffered very public humiliation over the last two years, often with sexist overtones,” Yadav said.
Most judges don’t like sending people to jail who aren’t a threat to harm others in the future, said former federal prosecutor Paul Tuchmann.
“The chance of Ellison ever harming anyone through criminal conduct in the future again are very low,” Tuchmann said.
If Kaplan ends up foregoing jail time in Ellison’s sentence, that could bode well for former FTX engineering chief Nishad Singh and Gary Wang, the co-founder and chief technology officer of FTX. Singh and Wang will be sentenced Oct. 30 and Nov. 20, respectively.
“I do think that if he wants to, Judge Kaplan can ‘afford’ to give all of these people no prison time,” said Tuchmann, adding that “Most judges want to encourage people like that to cooperate, and a sentence of time served and probation is the best way to do that.”
WATCH: Sam Bankman-Fried’s family on sentencing: We are heartbroken and will continue to fight for our son
Science & Environment
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Science & Environment
New species of “ghost shark” discovered living deep in the Pacific Ocean to
Researchers have discovered a new species of “ghost shark” that exclusively lives in the deep waters surrounding Australia and New Zealand.
The “Australasian narrow-nosed spookfish” has a long, pointed nose, as its name indicates, and bulging black eyes. The creature has “chocolate brown” skin and a long, wispy tail, according to New Zealand’s National Institute of Water and Atmospheric Research.
Ghost sharks, formally known as chimaeras, have smooth skin and no scales. They have “distinctive, beak-like teeth,” NIWA said, and primarily eat shrimp and mollusks.
The species lives in the deep waters of the Pacific Ocean, which NIWA scientist Brit Finucci said makes them difficult to study. One ghost shark was caught on camera swimming off the coast of California in 2017. The specimens studied by NIWA to make this identification were found during other research studies for Fisheries New Zealand.
“Their habitat makes them hard to study and monitor, meaning we don’t know a lot about their biology or threat status, but it makes discoveries like this even more exciting,” Finucci said.
The specimens found were thought to be part of a species that can be found around the world, but research revealed the Australasian narrow-nosed spookfish is “genetically and morphologically different to its cousins,” NIWA said.
Finucci gave the species the scientific name “Harriotta avia” in honor of her grandmother.
“Avia means grandmother in Latin; I wanted to give this nod to her because she proudly supported me through my career as a scientist,” Finucci said. “Chimaeras are also rather ancient relatives — the grandmas and grandpas — of fish and I thought the name was well suited.”
Science & Environment
Hurricane John’s rapid intensification catches Mexico tourist hubs of Acapulco and Puerto Escondido off guard
Puerto Escondido, Mexico — Hurricane John struck Mexico’s southern Pacific coast with life-threatening flood potential after growing into a major hurricane in a matter of hours. It came ashore near the town of Punta Maldonado late Monday night as a Category 3 storm with maximum sustained winds of 120 mph. John’s rapid intensification forced authorities to rush to keep pace and warn people of its potential destruction.
“Seek higher ground, protect yourselves and do not forget that life is the most important thing; material things can be replaced. We are here,” Mexican President Andrés Manuel López Obrador wrote on the social media platform X.
By early Tuesday, John had weakened to a Category 2 hurricane with 100 mph maximum sustained winds, according to the U.S. National Hurricane Center. It was expected to batter Punta Maldonado and the nearby tourist hubs Acapulco and Puerto Escondido before being weakened over the high terrain inland.
The center said before landfall that “life-threatening” storm surges and flash floods were already ravaging the Pacific coast near Oaxaca.
Hurricane John shows growing threat of rapid intensification
The unexpected surge in strength caught scientists, authorities and residents of the area by surprise, something AccuWeather Senior Meteorologist Matt Benz and other experts have attributed to warmer oceans, which add fuel to the hurricanes.
As a result, surprise surges in hurricanes’ strength have become increasingly common, Benz said.
“These are storms that we haven’t really experienced before,” he said. “Rapid intensification has occurred more frequently in modern times as opposed to back in the historical record. So that’s telling us there’s something going on there.”
Rapid intensification is defined by meteorologists as an increase in the maximum sustained winds of a tropical cyclone of at least 30 knots (about 35 mph) over a 24 hour period, according to the U.S. National Hurricane Center.
Residents were tense in Oaxaca’s coastal cities as the forecast shifted and authorities responded.
Laura Velázquez, the federal coordinator of civil protection, told residents of Pacific coastal cities they should evacuate their homes and head to shelters in order to “protect theirs and their family’s lives.”
“It’s very important that all citizens in the coastal zone… take preventive measures,” Velázquez said.
Ana Aldai, a 33-year-old employee of a restaurant on the shores of the tourist hub Puerto Escondido, said businesses in the area began closing after authorities ordered the suspension of all work on the area’s main beaches.
The governments of Guerrero and Oaxaca states said classes would be suspended in a number of coastal zones on Tuesday.
Oaxaca’s governor said the state government had evacuated 3,000 people and set up 80 shelters. It also said it sent out 1,000 military and state personnel to address the emergency.
Videos on social media from Puerto Escondido showed flip-flop-clad tourists walking through heavy rain and fishermen pulling their boats out of the water. Strong rains in previous days have already left some roads in the region in a precarious position.
Aldai said she was “a little bit distressed” because notice from authorities came quickly. “There was no opportunity to make the necessary purchases. That also distresses us,” she said.
A lingering impact for a coast battered a year earlier by Otis
Benz, the meteorologist, expressed concern that the storm could slow once it hits land, leaving the storm hovering over the coastal zone, which could cause even greater damage.
The hurricane is bleak news for the region, which last year was walloped by Otis, a similar rapidly intensifying hurricane.
Otis devastated the resort city of Acapulco, where residents had little warning of the strength of what was about to hit them. One of the most rapidly intensifying hurricanes ever seen, scientists at the time said it was a product of changing climate conditions.
Otis blew out power in the city for days, left bodies scattered on the coast and desperate family members searching for lost loved ones. Much of the city was left in a state of lawlessness and thousands scavenged in stores, scrambled for food and water.
The government of López Obrador received harsh criticism for its slow response to Otis, but authorities have since pledged to pick up their speed.
President-elect Claudia Sheinbaum said her government planned to work on improving an early alert system, similar to what the country has with earthquakes.
Through Thursday, John is expected to produce 6 to 12 inches of rain across coastal areas of Chiapas state with more in isolated areas. In areas along and near the Oaxaca coast to southeast Guerrero, between 10 and 20 inches of rain with isolated higher totals can be expected through Thursday.
“You’re going to feel the impacts of the storm probably for the next couple of weeks to a couple of months,” meteorologist Benz added.
Science & Environment
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Science & Environment
Stockton Rush, boss of Titan sub firm said: ‘No-one is dying’
A transcript from a key meeting at the firm behind the ill-fated Titan submersible has revealed the CEO said in 2018: “No-one is dying under my watch – period.”
It captures a heated exchange between OceanGate chief Stockton Rush and his former director of marine operations, David Lochridge, plus three other staff.
The log shows Mr Lochridge raised safety concerns, to which Rush responded: “I have no desire to die… I think this is one of the safest things I will ever do.”
The document was released by the US Coast Guard as part of its inquiry into the June 2023 disaster when the sub imploded while journeying to the Titanic shipwreck. All five passengers were killed, including Rush.
OceanGate suspended all exploration and commercial operations following the incident, which led to questions about the submersible’s safety and design.
During two weeks of hearings, investigators are seeking to uncover what led to the tragedy, and to make recommendations to avoid repeat incidents.
The transcript was uploaded to the inquiry website on Friday, but sections of the document were redacted.
The US Coast Guard has now confirmed to BBC News who was speaking in this key exchange during the two-hour meeting.
Mr Lochridge – who gave evidence at the public inquiry last week as a former OceanGate employee – was called to the meeting on 19 January 2018.
He had compiled a “quality inspection report”, which raised serious problems with the sub’s design.
These included concerns about the poor quality of the sub’s hull, which was made of carbon fibre, and issues with the way Titan was being constructed and tested.
He told the inquiry last week: “That meeting turned out to be a two-hour, 10-minute discussion… on my termination and how my disagreements with the organisation, with regards to safety, didn’t matter.”
The 2018 meeting was recorded, and the transcript captures Mr Lochridge saying: “I am addressing what I view as safety concerns, concerns I have mentioned verbally… which have been dismissed by everybody.”
Stockton Rush was recorded replying: “I’ve listened to them, and I have given you my response to them, and you think my response is inadequate.”
Rush went on to say: “Everything I’ve done on this project is people telling me it won’t work – you can’t do that.”
After telling the meeting attendees that he had no desire to die and that he believed his sub was safe, Rush continued by saying: “I’ve got a nice granddaughter. I am going to be around. I understand this kind of risk, and I’m going into it with eyes open and I think this is one of the safest things I will ever do.”
He then added: “I can come up with 50 reasons why we have to call it off and we fail as a company. I’m not dying. No one is dying under my watch – period.”
Mr Lochridge was fired after the meeting and then took his concerns to the US Occupational Safety and Health Administration (Osha).
But he said the US government agency was slow and failed to act. After increasing pressure from OceanGate’s lawyers, he dropped the case and signed a non-disclosure agreement.
At the end of his evidence to the Titan inquiry last week, he said that if the authorities had properly investigated OceanGate, the tragedy would have been averted.
In other developments related to the case, the US Coast Guard has also released an image of Titan showing how its dome fell off as the submersible was lifted out of the sea following a dive in 2021.
A paying passenger who was on that particular Titan mission described the incident during his own testimony on Friday.
Fred Hagen said: “The force of the platform hitting the deck… it basically sheared off several bolts and they shot off like bullets. And the titanium dome fell off.”
This was one of 118 technical incidents listed by the US Coast Guard with Titan dives to the Titanic that took place before the 2023 disaster.
The public hearings continue this week.
Monday’s evidence comes from OceanGate co-founder Guillermo Sohnlein, the company’s former engineering director Phil Brooks and Roy Thomas from the American Bureau of Shipping.
Science & Environment
Here’s what you missed from first week
The US Coast Guard has heard a week’s worth of testimony from people close to the Titan submersible that imploded last June, killing all five aboard.
Investigators are seeking to uncover the details of what led to the tragedy and find recommendations that could prevent future deadly voyages.
Titan, operated by OceanGate, imploded less than two hours into its descent during a dive to the wreckage of the Titanic.
The accident led to questions over the submersible’s safety and design, and the materials used in its construction.
Here are five takeaways from the first of the two-week set of hearings:
1. Crew’s final words: ‘All good here’
Investigators with the US Coast Guard revealed one of the crew’s final messages before it lost contact with a ship above water: “All good here.”
The hearing revealed other text messages between Titan and its mother ship as the deep-sea vessel began its trek to the sea floor to see the iconic British ocean liner that sank in 1912.
Support staff aboard the surface ship asked about the submersible’s depth and weight.
Communications were patchy throughout the descent, according to investigators.
About one hour into the dive, the Titan sent a message at a depth of 3,346m that would be its last. The crew communicated it had dropped two weights.
Then communication was lost.
2. Witness recalls last look at Titan crew: ‘Five people smiling’
Mission specialist Renata Rojas, who helped with the doomed trip as a volunteer, testified before the US Coast Guard on her interaction with the crew before the sub descended.
At one point, Ms Rojas teared up while remembering “five people smiling” before boarding the Titan and heading below the water.
“They were just happy to go, that’s the memory I have,” she said.
She remembered losing communication and asking colleagues: “We haven’t heard from them, where are they?”
Ms Rojas, who previously visited the Titanic wreckage with OceanGate, admitted that the Titan submersible was not classified or registered.
“I knew the Titanic dive was risky, but I never felt unsafe,” she said during the hearing.
3. Whistleblower: Tragedy was ‘inevitable’
OceanGate’s former operations director David Lochridge testified to US Coast Guard investigators that he warned of potential safety issues before he was fired in 2018.
He claimed he was ignored.
Mr Lochridge said he believed the deadly incident with the Titan was “inevitable” as the company “bypassed” standard rules.
He was fired and sued by OceanGate for revealing confidential information, and he countersued for wrongful dismissal.
US court documents show Mr Lochridge had significant concerns with the Titan’s design, including that it was made from carbon fibre which he warned would damage further with every dive.
He told US Coast Guard investigators the “whole idea” of OceanGate was “to make money”.
“There was very little in the way of science,” he said.
4. New footage reveals Titan wreckage
The US Coast Guard released new footage showing the wreckage of the Titan sub on the bottom of the sea floor.
The deep-sea vessel is seen with the “OceanGate” logo on its side as debris is scattered around it.
The vessel’s tail can also be spotted among the wreckage as well as the submersible’s wires, gauges and electronics.
A remotely operated vehicle obtained the footage.
5. Leading submersible manufacturer: Titan was ‘not ready for primetime’
Patrick Lahey, the co-founder and chief executive of leading submersible manufacturer Triton, told investigators he wasn’t impressed by the Titan submersible.
Mr Lahey’s company manufactures submersibles that descend to the deepest points of the ocean.
While not mandatory, he stressed the importance of certifying submersible vessels through a process that involves an extensive safety assessment carried out by independent marine organisations.
Mr Lahey told the panel there was no reason why the Titan submersible couldn’t have been certified.
He toured the Titan sub that later imploded while on vacation in the Bahamas and said he “wasn’t particularly impressed” by what he saw.
“It looked to me like a lot of the stuff was not quite ready for primetime,” he added, saying he expressed his concerns to OceanGate.
Mr Lahey added that the vessel did not seem “particular well thought out”.
“It just looked amateur-ish in its execution,” he said.
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