Sam Bankman-Fried, the founder of the cryptocurrency exchange FTX, is currently facing seven fraud and conspiracy charges in federal court. As his trial unfolds, the question of whether he will testify remains uncertain. Sam Bankman-Fried has not yet decided whether he will take the stand in his defense. In criminal trials, defendants have the right to testify, but many choose not to. In Sam Bankman-Fried’s case, his decision to remain silent thus far has left legal experts pondering the potential implications.

Factors that will influence Sam Bankman-Fried to testify

The jury has already heard extensively from FTX insiders who have provided insights into Sam Bankman-Fried’s state of mind throughout his exchange’s operations. Rachel Maimin, a partner at Lowenstein Sandler LLP, noted the importance of hearing directly from the defendant to counteract the mounting evidence presented against him. While lawyers often make most legal decisions, testifying is ultimately a choice left to the defendant. Maimin acknowledged the human urge that Sam Bankman-Fried might have to speak, especially after hearing his inner circle’s testimony, but she also emphasized the potential brutality of the cross-examination.

If Bankman-Fried were to testify, he could face hours of questioning from the government during cross-examination. This could significantly impact his chances with the jury if things do not go well. Additionally, prosecutors would have the opportunity to submit additional evidence that would not otherwise be admissible. Should Bankman-Fried choose to take the stand, court rules allow the Department of Justice (DOJ) to submit evidence that raises doubts about his credibility. Normally, prosecutors would be limited to presenting exhibits directly related to the defendant’s defense.

The decision to testify is often a complex one for defendants. According to William & Mary Law School Professor Jefferey Bellin, approximately only half of criminal defendants choose to take the witness stand. If Bankman-Fried decides to speak, he would need to be extremely cautious with his choice of words, given the extensive public statements he made as the public face of FTX. This is a unique challenge, as the average white-collar defendant does not have hundreds of hours of public statements captured on tape.

SBF and the gamble on taking to the stand at his trial

Sam Bankman-Fried’s tendency to be vocal on social media and in public statements has already had consequences. Shortly after he stepped down from FTX and the company filed for bankruptcy, the Paul Weiss law firm ceased representing him due to his “incessant and disruptive tweeting.” Bankman-Fried’s approach to decision-making often revolves around numbers and probability, as highlighted in Michael Lewis’ book, “Going Infinite.” This aspect of his personality was reinforced by testimony from former Alameda CEO Caroline Ellison during the trial.

There is a notable chance that Bankman-Fried may decide to take the risk of testifying, even though it is a massive gamble. Daniel C. Silva, a former assistant U.S. attorney, suggests that Bankman-Fried might feel that a prison sentence is inevitable, regardless of his testimony. The potential downside, such as facing additional prison time if caught lying under oath, may be outweighed by the opportunity to sway a juror in his favor. Bankman-Fried’s attorneys have raised concerns about his limited access to his prescription medication for attention deficit hyperactivity disorder (ADHD).

They believe this has impacted his ability to concentrate at the level he would under normal circumstances. As the prosecution is expected to conclude its case against Bankman-Fried, the defense will have the opportunity to present its side if it chooses to do so. Whether his attorneys will present a case remains uncertain. The trial has seen its share of twists and turns, including Bankman-Fried receiving his first dose of Adderall, his ADHD medication, in court, highlighting the complexities and challenges of his situation. In the end, the decision of whether or not Sam Bankman-Fried will testify remains a critical and uncertain factor in his ongoing trial.