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Close
 

A federal judge is showing growing impatience with FTX founder Sam
Bankman-Fried’s use of the internet, suggesting that incarceration might
eventually be the most effective way to prevent him from violating his bail
conditions. (Feb. 16) (AP video: Ted Shaffrey and Robert Bumsted/Production:
Vanessa A. Alvarez)

Read More Photos
7

1 of 7 | 

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

Read More
1 of 7

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

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Read More
2 of 7 | 

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

Read More
2 of 7

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

Share
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Read More
3 of 7 | 

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

Read More
3 of 7

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

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Read More
4 of 7 | 

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

Read More
4 of 7

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

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Read More
5 of 7 | 

In this courtroom sketch, in federal court in New York, Thursday, Feb. 16, 2023,
Samuel Bankman Fried, seated left, watches as his defense attorney, Mark Cohen,
addresses Judge Lewis Kaplan during a bail hearing. Kaplan showed growing
impatience Thursday with FTX founder Sam Bankman-Fried’s use of the internet,
suggesting that incarceration might eventually be the most effective way to
prevent him from violating his bail conditions by communicating on electronic
devices in ways that can’t be traced. (AP Photo/Elizabeth Williams)

Read More
5 of 7

In this courtroom sketch, in federal court in New York, Thursday, Feb. 16, 2023,
Samuel Bankman Fried, seated left, watches as his defense attorney, Mark Cohen,
addresses Judge Lewis Kaplan during a bail hearing. Kaplan showed growing
impatience Thursday with FTX founder Sam Bankman-Fried’s use of the internet,
suggesting that incarceration might eventually be the most effective way to
prevent him from violating his bail conditions by communicating on electronic
devices in ways that can’t be traced. (AP Photo/Elizabeth Williams)

Share
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Read More
6 of 7 | 

In this courtroom sketch, in federal court in New York, Thursday, Feb. 16, 2023,
Judge Lewis Kaplan speaks from bench during the hearing of Samuel Bankman-Fried.
Kaplan showed growing impatience Thursday with FTX founder Sam Bankman-Fried’s
use of the internet, suggesting that incarceration might eventually be the most
effective way to prevent him from violating his bail conditions by communicating
on electronic devices in ways that can’t be traced. (AP Photo/Elizabeth
Williams)

Read More
6 of 7

In this courtroom sketch, in federal court in New York, Thursday, Feb. 16, 2023,
Judge Lewis Kaplan speaks from bench during the hearing of Samuel Bankman-Fried.
Kaplan showed growing impatience Thursday with FTX founder Sam Bankman-Fried’s
use of the internet, suggesting that incarceration might eventually be the most
effective way to prevent him from violating his bail conditions by communicating
on electronic devices in ways that can’t be traced. (AP Photo/Elizabeth
Williams)

Share
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   Print


Read More
7 of 7 | 

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

Read More
7 of 7

FTX founder Sam Bankman-Fried leaves Manhattan federal court in New York,
Thursday, Feb. 16, 2023. The FTX founder returned to a New York courtroom for
the second time in two weeks to explain why he keeps accessing parts of the
internet that the government can’t monitor and how it might affect his bail. (AP
Photo/Seth Wenig)

Share
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Read More
By Larry Neumeister
Published [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] Published
2:15 AM GMT+1, February 17, 2023
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NEW YORK (AP) — A federal judge showed growing impatience Thursday with FTX
founder Sam Bankman-Fried’s use of the internet while on bail, suggesting that
incarceration might eventually be the most effective way to prevent him from
communicating on electronic devices in ways that can’t be traced.

Judge Lewis A. Kaplan did not immediately change a $250 million bail package
that lets Bankman-Fried live with his parents in Palo Alto, California, while
preparing for trial on charges that he cheated investors and looted customer
deposits at FTX, his cryptocurrency trading platform.

But he raised the possibility for the first time that jail might be the only way
to ensure Bankman-Fried won’t outfox the government with ways to use electronic
devices in ways that can’t be tracked.



“There is a solution, but it’s not one anybody’s proposed yet,” Kaplan said as
Bankman-Fried sat passively at the defense table. He then noted that there may
be many devices in Bankman-Fried’s family home that the government will not be
tracking, even with any new rules imposed on his bail conditions.

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prison, court rules

“Why am I being asked to set him loose in this garden of electronic devices?” he
asked prosecutors.



Assistant U.S. Attorney Nicolas Roos said a more “drastic alternative” would be
to ban Bankman-Fried’s use of all electronic devices, but he added that it would
be difficult for him to prepare for a trial tentatively set for October if that
were to occur.

The judge noted that Bankman-Fried, according to prosecutors, “has done things
that suggests to me that maybe he has committed or attempted to commit a federal
felony while on release.”

Kaplan was alluding to a claim by prosecutors that Bankman-Fried sent an
encrypted message over the Signal texting app on Jan. 15 to the general counsel
of FTX US.



According to prosecutors, the message said: “I would really love to reconnect
and see if there’s a way for us to have a constructive relationship, use each
other as resources when possible, or at least vet things with each other. I’d
love to get on a phone call sometime soon and chat.”

Federal prosecutors have told Kaplan that Bankman-Fried’s communications
indicate he may be trying to influence a witness with incriminating evidence
against him.

On Thursday, prosecutors asked Kaplan to more severely limit Bankman-Fried’s use
of electronic devices and the internet, including banning him from messaging
applications and requiring the installation of a device monitoring program on
his cellphone and computer.

A day earlier, they wrote in court papers that his “behavior shows that the
existing conditions leave too much room for circumvention of restrictions aimed
at preventing inappropriate conduct, including contacting witnesses and
accessing cryptocurrency assets.”

They described him as “a technologically sophisticated person with both the
ability and the inclination to seek workarounds of more narrowly drawn bail
conditions.”



Mark Cohen, Bankman-Fried lawyer, called the proposals by prosecutors
“draconian” requests that would make it hard for lawyers and the defendant to
prepare for trial. But he soon found himself on the defensive as Kaplan noted
his client’s apparent bail violations, including accessing an encrypted internet
site to watch the Super Bowl.

The judge mocked Bankman-Fried’s use of an encrypted method to watch the game,
noting that it was on any television. Cohen responded that there wasn’t a TV in
the house.

“I think we understand your comments today, your honor, that there is no margin
for error,” Cohen said. “That if there are any violations, we will be at a very
different proceeding.”

Of the eventual bail restrictions, the judge said: “I want this to be tight, not
just tight in characterization, but tight in fact.”

Bankman-Fried has been confined with electronic monitoring to his parents’ home
since his December arrest on charges that he cheated investors and that diverted
their deposits, in part to finance political donations and make risky trades at
Alameda Research. He has pleaded not guilty.


    
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   interests and personal aspects). Your profile can be used (also later) to
   present content that appears more relevant based on your possible interests,
   such as by adapting the order in which content is shown to you, so that it is
   even easier for you to find content that matches your interests.
   
   View Illustrations 

 * USE PROFILES TO SELECT PERSONALISED CONTENT 71 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label
   
   Content presented to you on this service can be based on your content
   personalisation profiles, which can reflect your activity on this or other
   services (for instance, the forms you submit, content you look at), possible
   interests and personal aspects, such as by adapting the order in which
   content is shown to you, so that it is even easier for you to find
   (non-advertising) content that matches your interests.
   
   View Illustrations 

 * MEASURE ADVERTISING PERFORMANCE 275 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label
   
   Information regarding which advertising is presented to you and how you
   interact with it can be used to determine how well an advert has worked for
   you or other users and whether the goals of the advertising were reached. For
   instance, whether you saw an ad, whether you clicked on it, whether it led
   you to buy a product or visit a website, etc. This is very helpful to
   understand the relevance of advertising campaigns.
   
   View Illustrations 

 * MEASURE CONTENT PERFORMANCE 121 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label
   
   Information regarding which content is presented to you and how you interact
   with it can be used to determine whether the (non-advertising) content e.g.
   reached its intended audience and matched your interests. For instance,
   whether you read an article, watch a video, listen to a podcast or look at a
   product description, how long you spent on this service and the web pages you
   visit etc. This is very helpful to understand the relevance of
   (non-advertising) content that is shown to you.
   
   View Illustrations 

 * UNDERSTAND AUDIENCES THROUGH STATISTICS OR COMBINATIONS OF DATA FROM
   DIFFERENT SOURCES 166 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label
   
   Reports can be generated based on the combination of data sets (like user
   profiles, statistics, market research, analytics data) regarding your
   interactions and those of other users with advertising or (non-advertising)
   content to identify common characteristics (for instance, to determine which
   target audiences are more receptive to an ad campaign or to certain
   contents).
   
   View Illustrations 

 * DEVELOP AND IMPROVE SERVICES 221 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label
   
   Information about your activity on this service, such as your interaction
   with ads or content, can be very helpful to improve products and services and
   to build new products and services based on user interactions, the type of
   audience, etc. This specific purpose does not include the development or
   improvement of user profiles and identifiers.
   
   View Illustrations 

 * USE LIMITED DATA TO SELECT CONTENT 43 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label
   
   Content presented to you on this service can be based on limited data, such
   as the website or app you are using, your non-precise location, your device
   type, or which content you are (or have been) interacting with (for example,
   to limit the number of times a video or an article is presented to you).
   
   View Illustrations 

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USE PRECISE GEOLOCATION DATA 97 PARTNERS CAN USE THIS PURPOSE

Use precise geolocation data

With your acceptance, your precise location (within a radius of less than 500
metres) may be used in support of the purposes explained in this notice.

List of IAB Vendors‎

ACTIVELY SCAN DEVICE CHARACTERISTICS FOR IDENTIFICATION 49 PARTNERS CAN USE THIS
PURPOSE

Actively scan device characteristics for identification

With your acceptance, certain characteristics specific to your device might be
requested and used to distinguish it from other devices (such as the installed
fonts or plugins, the resolution of your screen) in support of the purposes
explained in this notice.

List of IAB Vendors‎

ENSURE SECURITY, PREVENT AND DETECT FRAUD, AND FIX ERRORS 210 PARTNERS CAN USE
THIS PURPOSE

Always Active

Your data can be used to monitor for and prevent unusual and possibly fraudulent
activity (for example, regarding advertising, ad clicks by bots), and ensure
systems and processes work properly and securely. It can also be used to correct
any problems you, the publisher or the advertiser may encounter in the delivery
of content and ads and in your interaction with them.

List of IAB Vendors‎ | View Illustrations 

DELIVER AND PRESENT ADVERTISING AND CONTENT 200 PARTNERS CAN USE THIS PURPOSE

Always Active

Certain information (like an IP address or device capabilities) is used to
ensure the technical compatibility of the content or advertising, and to
facilitate the transmission of the content or ad to your device.

List of IAB Vendors‎ | View Illustrations 

MATCH AND COMBINE DATA FROM OTHER DATA SOURCES 147 PARTNERS CAN USE THIS PURPOSE

Always Active

Information about your activity on this service may be matched and combined with
other information relating to you and originating from various sources (for
instance your activity on a separate online service, your use of a loyalty card
in-store, or your answers to a survey), in support of the purposes explained in
this notice.

List of IAB Vendors‎

LINK DIFFERENT DEVICES 144 PARTNERS CAN USE THIS PURPOSE

Always Active

In support of the purposes explained in this notice, your device might be
considered as likely linked to other devices that belong to you or your
household (for instance because you are logged in to the same service on both
your phone and your computer, or because you may use the same Internet
connection on both devices).

List of IAB Vendors‎

IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 194 PARTNERS CAN
USE THIS PURPOSE

Always Active

Your device might be distinguished from other devices based on information it
automatically sends when accessing the Internet (for instance, the IP address of
your Internet connection or the type of browser you are using) in support of the
purposes exposed in this notice.

List of IAB Vendors‎
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