Against the Rules
Against the Rules

Judging Sam: Catching up with Michael Lewis

Week 1 of Sam Bankman-Fried’s trial is in the books. The jury is seated, opening statements have been given, and witnesses are taking the stand. Lidia Jean has been in court, and Michael has been on book tour. In this episode they catch each other up. Michael wants to know what it’s like inside the

Featured Speakers

Michael Lewis HostGary Wang GuestMichael Lewis Guest

Topics Discussed

Episode Summary

Executive Summary: In this episode of Judging Sam, host Michael Lewis and court reporter Lydia Jean Cott discuss the first week of Sam Bankman-Fried's trial, including courtroom atmosphere, testimonies from key witnesses like Gary Wang and Adam Yedidia, and the structural conflicts of interest between Alameda Research and FTX.

Main Topics: Courtroom Atmosphere and Logistics (Priority: 3/5): Lydia describes the daily routine of entering the courthouse, the seating arrangement (like a small church), the jury's location, and the behavior of journalists (including doing crossword puzzles). She notes that Sam's family sits on one side and the court illustrators on the other, and that Sam faces away from the audience. Gary Wang's Testimony (Priority: 5/5): Gary Wang, co-founder of FTX, testified about the special privileges given to Alameda: negative balance, unlimited line of credit, faster order placement, and US dollar deposits going to Alameda. He spoke rapidly and appeared pale and nervous. He stated that these privileges were added on Sam's instructions and that FTX customer money was used to repay lenders. Adam Yedidia's Testimony (Priority: 5/5): Adam Yedidia, a close friend of Sam's from MIT, was granted immunity. He testified about knowing Alameda owed FTX $8 billion and asking Sam about it. Sam said they were 'bulletproof' last year but not this year, estimating it would take 6 months to 3 years to become bulletproof again. Lydia found Adam likable and genuine, noting that he still expressed love for Sam. Sam Bankman-Fried's Behavior and Mindset (Priority: 4/5): Michael Lewis speculates that Sam is a 'calculator' who approaches the trial like a board game, updating his strategy based on new information. Lewis suggests Sam is a difficult client for his lawyers, potentially undermining their defense. Sam is described as cagey, avoiding outright lies but engaging in omission. Impact of Michael Lewis's Book (Priority: 3/5): Lewis discusses whether Sam will read 'Going Infinite' and what his reaction might be. He predicts Sam will see the book as not helping his legal case but possibly helping his parents' social standing. Lewis notes that nothing in the trial has surprised him so far, though he acknowledges that the privileges Alameda had were exactly what investors feared. Conflicts of Interest Between Alameda and FTX (Priority: 5/5): The discussion highlights how from the beginning there were structural conflicts between the two entities. Investors specifically asked about Alameda trading ahead of others, and were told no. Lewis contrasts Sam's form of dishonesty (omission rather than outright lying) with the alleged lies about special privileges.

Key Arguments: Gary Wang's testimony establishes that Sam Bankman-Fried directed the creation of special privileges for Alameda on FTX, including unlimited negative balance, faster order execution, and customer deposits flowing to Alameda. Adam Yedidia's testimony confirms that Sam knew Alameda owed FTX $8 billion in customer money and acknowledged the situation was not safe, yet did not disclose this to the public or investors. Sam Bankman-Fried approaches the trial not with emotional distress but with strategic calculation, updating his tactics based on new information like a board game player. Michael Lewis argues that Sam's distinctive form of dishonesty is omission rather than outright lying, framing questions to answer his own version rather than the direct question. The trial reveals that investors specifically asked about conflicts of interest and were falsely reassured, which Lewis calls outright lying as opposed to Sam's usual cagey style.

Data Points: Court entry time: 6 a.m. - Lydia arrives at court at 6 a.m. to secure a spot in line. Number of court illustrators: 3 - Three court illustrators sit in the first or second row, each with different artistic styles. Alameda's debt to FTX: $8 billion - Adam Yedidia testified that Alameda owed FTX $8 billion in customer money. Timeframe to become bulletproof again: 6 months to 3 years - Sam told Adam it would take that long for FTX to become safe again. Number of venture capitalists who invested: 140 - Michael Lewis mentions that 140 VCs invested in FTX and asked about conflicts of interest.

Pivotal Quotes: "We gave special privileges to Alameda Research on FTX, which allowed it to withdraw unlimited amounts of funds from the platform, and we lied about this to the public." — Gary Wang: Gary Wang's testimony about the special privileges granted to Alameda, as reported by Lydia. "I'm not sure that we're bulletproof this year." — Sam Bankman-Fried: Sam's response to Adam Yedidia's concern about the $8 billion debt, comparing current and previous year's safety. "I bet he concludes what I long ago thought when he didn't ask, but friends over drinks would ask: what do you think your book's going to do? ... It will have no effect whatsoever on the legal judgment, but it may have an effect on the social judgment." — Michael Lewis: Michael Lewis speculates on how Sam will calculate the impact of 'Going Infinite' on the trial and public perception.

Implications: The pivotal testimonies of Gary Wang and Adam Yedidia strongly implicate Sam Bankman-Fried in directing the misuse of customer funds, challenging any defense based on ignorance. The trial reveals deep structural conflicts between Alameda and FTX from the start, suggesting systemic fraud rather than simple mismanagement. For the crypto industry, this case may set a precedent for how exchanges handle customer assets and conflicts of interest, potentially leading to stricter regulatory oversight and investor scrutiny.

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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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