Against the Rules
Against the Rules

Judging Sam: Caroline Ellison Takes The Stand

Caroline Ellison, former co-CEO of Alameda Research and Sam Bankman-Fried’s ex-girlfriend, takes the stand and has a lot to say. Ellison recently pled guilty to financial fraud, and is cooperating with the prosecution. In this episode Lidia Jean Kott discusses what came up on Day 1 of Caroline’s tes

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Michael Lewis Host

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Episode Summary

Executive Summary: In week two of Sam Bankman-Fried’s criminal trial, former Alameda co-CEO Caroline Ellison testified that she and Sam committed financial crimes and that Alameda used FTX customer funds at his direction. Her testimony also described his influence over her professionally and romantically, his ambition, and his high-risk worldview. The episode previews the defense’s cross-examination and examines its challenge to testimony about Sam’s claim that FTX’s assets were fine.

Main Topics: Ellison’s testimony on customer funds: Ellison testified that Alameda used funds FTX customers believed were deposited safely on the exchange, and said this happened at Sam Bankman-Fried’s direction. This directly addresses the prosecution’s central allegation that he knowingly participated in the misuse of customer money. The personal and professional relationship between Ellison and Bankman-Fried: The prosecution elicited testimony about their on-and-off romantic relationship and Sam’s role as Ellison’s boss. Ellison described feeling that he had the upper hand in both relationships, while prosecutors emphasized that he was involved in important Alameda decisions. Bankman-Fried’s ambition and approach to risk: Ellison described Sam as ambitious and willing to accept extreme risks, using a coin-flip hypothetical in which one outcome destroyed the world and the other made it twice as good. The hosts connected this outlook to his business decisions and earlier public comments. The prosecution’s strategy and expected cross-examination: The prosecution introduced potentially damaging relationship details itself, a tactic described as “taking the sting out” of material the defense may raise. The episode ends with anticipation of the defense’s cross-examination of Ellison. Defense challenge to Gary Wang’s account of an FTX tweet: On cross-examination, the defense questioned whether Bankman-Fried’s pre-bankruptcy claim that FTX was fine and its assets were fine was necessarily a lie. Wang acknowledged that his earlier descriptions to prosecutors had not called it a lie and that the distinction between liquid and illiquid assets mattered. Courtroom atmosphere and witness presentation: The courtroom was packed and attentive during Ellison’s testimony, which included technical spreadsheets and balance sheets. Reporters described her as confident, and the court reporter said she saw no jurors sleeping.

Key Arguments: The prosecution’s central case is that Bankman-Fried directed Alameda to use FTX customer funds; Ellison’s testimony directly supported that allegation. Prosecutors sought to show Bankman-Fried’s knowledge and control by eliciting that Ellison checked important decisions with him and that he signed off on her actions. By discussing the strained romantic relationship during direct examination, prosecutors appeared to anticipate a defense claim that Ellison was a bitter ex-girlfriend and reduce its impact. Ellison’s coin-flip description portrayed Bankman-Fried as accepting catastrophic downside in pursuit of a much larger upside, a characterization the hosts linked to his risk-taking. The defense’s cross-examination of Gary Wang raised ambiguity in the claim that Sam’s tweet was a lie: the assessment could differ depending on whether assets were liquid and immediately available or illiquid. The hosts emphasized that testimony and credibility—not just the collapse of FTX and Alameda—are central to determining whether Bankman-Fried personally committed the charged crimes.

Data Points: Trial timing: Week two - The episode covers Caroline Ellison’s first day of testimony in the second week of Bankman-Fried’s trial. Ellison’s identification of Bankman-Fried: About 30 seconds - The reporter estimated it took Ellison roughly 30 seconds to locate and point out Bankman-Fried in the packed courtroom. Stated chance of becoming president: 5% - Ellison testified that Bankman-Fried once said he believed there was a 5% chance he might become president. Coin-flip hypothetical: One outcome destroyed the world; the other made it twice as good - Ellison used this hypothetical to characterize Bankman-Fried’s willingness to take extreme risks. Bankman-Fried’s wealth before FTX’s collapse: Tens of billions of dollars - The episode’s introduction describes his reported wealth before FTX came apart. Potential prison exposure: The rest of his life - The introduction says the financial-crime charges could send Bankman-Fried to prison for the rest of his life. Jurors sleeping during Ellison’s testimony: None observed by the reporter - The court reporter said she saw no jurors asleep during the day’s technical testimony.

Pivotal Quotes: "When Alameda used FTX customer funds, it was at Sam's direction." — Lydia Jean, paraphrasing Caroline Ellison’s testimony: The episode identifies this as the core of Ellison’s testimony and a direct link to the prosecution’s central allegation. "Imagine if you flipped a coin, and if the coin landed on tails, the world would be destroyed. And if the coin landed on heads, the world would be twice as good as it is now. Sam would believe in flipping the coin." — Lydia Jean, recounting Ellison’s testimony: This hypothetical illustrates Ellison’s account of Bankman-Fried’s unusually high tolerance for risk. "FTX is fine, assets are fine." — Sam Bankman-Fried, quoted in the episode: The defense challenged the characterization of this pre-bankruptcy tweet as a lie, focusing on whether it referred to liquid or illiquid assets.

Implications: Ellison’s account could strongly support the prosecution’s claim that Bankman-Fried directed the use of customer funds, but the defense’s cross-examination may test her credibility and complicate seemingly clear statements. The case also highlights how liquidity and asset availability can shape public claims during a financial crisis.

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About Against the Rules

Michael Lewis’s best-selling book The Big Short is now 15 years old. The Oscar-winning movie based on it came out a decade ago. To mark the occasion, Lewis has narrated a new audiobook of The Big Short. Here on his podcast, he and co-host Lidia Jean Kott are thinking about the legacy of the book, the movie, and the financial crisis of 2008. Michael catches up with the director of the movie, Adam McKay, as well as some of the real-life characters depicted by the likes of Ryan Gosling, Steve Carell and Jeremy Strong. He also calls up journalists, economists, and historians to make sense of the 2008 financial crisis and to understand how it still affects the world today.

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