What do two of the biggest fraud cases in U.S. history have in common?
COLLEEN P. EREN
Right: February 2022— Sam Bankman-Fried delivering testimony at the U.S. Senate. By US Senate, CSPAN, Public Domain, Via Wikimedia Commons
The precipitous fall of Samuel Bankman-Fried (SBF) from his status as a crypto wunderkind and the world’s youngest billionaire, splashed across the covers of Fortune and the Forbes’ “400” edition, to having his in-jail nutrition and pastimes in a sordid Bahamas jail reported by Bloomberg, is a story that rapidly claimed widespread public attention and commentary. Indicted on eight counts of conspiracy and criminal activity related to wire fraud, commodities fraud, securities fraud, money laundering, violation of campaign finance laws, as well as facing civil charges filed by the Securities and Exchange Commission, SBF is alleged to have, from the very beginning of his establishment of the cryptocurrency trading platform, FTX, in 2019, deceived equity investors, and channeled and commingled billions in customers’ funds illegally to his other business, the quantitative crypto-hedge fund Alameda Research, founded in 2017. With those funds, SBF purchased swanky real estate in the Bahamas, made risky speculative investments and large political donations, loaned himself and other executives large amounts of money, repaid Alameda’s debts, and even bailed out other distressed crypto firms. In total, about 8 billion dollars of FTX customers’ funds are thought to have been lost in the swindle by SBF and his accomplices.
Almost immediately, along with the details of SBF’s fraud and titillating accounts of his life in the Bahamas, came comparisons with and allusions to perhaps the most notorious white-collar criminal of the 21st century, Bernard Madoff. CNN juxtaposed footage of Madoff’s arrest alongside that of SBF, asking if SBF was the “new Madoff” in an interview with the federal prosecutor. In his first network interview, George Stephanopolous levelled at him “A lot of people look at you and see Bernie Madoff.” #BernieMadoff trended in tweets about SBF in November 2022, and Google Trends in January 2023 showed that the top two related rising “breakout” queries to the search term “Bernie Madoff” were “FTX” and “Sam Bankman-Fried" respectively. Yet, the comparison to Madoff, in terms of the nature, length of, modus operandi, and motive, is largely inapposite. Important differences (and similarities) abound.
Perhaps most significant among these differences, in spite of the loose throwing around of the term to describe SBF’s fraud: it is not a Ponzi scheme. To call it such—as has been the case in non-broadstreet outlets—stretches the term so that it loses its definitional clarity. Madoff’s 17.5 billion Ponzi, the largest in history, like all such classic schemes regardless of size, involved paying ‘returns’ to investors in a fake investment advisory business using funds from other investors in the same scheme that were merely deposited in a personal Chase bank account. It was a legerdemain that was possible as long as new institutional investors and individual ‘marks’ could be obtained. SBF is accused of misappropriating deposits from FTX customers to plug holes for Alameda among other purposes, commingling funds between the two businesses, but this is more readily described as embezzlement. His selling equity investors on a responsible business that was anything but responsible, was also fraudulent, but not a Ponzi. On none of the legal documents from government agencies like the Department of Justice (DOJ) or Securities and Exchange Commission (SEC) does the term appear, unlike in Madoff’s case. Among the other important differences is the modus operandi: Madoff's scheme, as with many Ponzis, was an affinity fraud targeting members of communities to whom he had personal connections, a characteristic not seen in SBF’s crime, which was much shorter-lived, surviving only a few years, compared to Madoff’s fraud, which by some accounts stretched back to the 1970s, an almost 40-year scheme. And last, while Madoff in his interviews for my book Bernie Madoff and the Crisis: The Public Trial of Capitalism », expressed being motivated to begin the Ponzi to not disappoint his wealthiest clients, some have suggested that SBF’s allegiance to the philanthropic philosophy of effective altruism might have been his motivator.