Securities fraud allegation against SBF, the disgraced ex-CEO of FTX

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Since at least May 2022 or thereabouts, until November 2022 or thereabouts, in the Southern District of New York and elsewhere, SAMUEL BANKMAN-FRIED, aka SBF, the defendant, and other known and unknown persons, willfully and knowingly conspired, conspired, confederated and agreed together and with each other to commit an offense against the United States, namely, securities fraud in violation of Title 15, United States Code, Sections 78j(b) and 78ff, and Title 17,. Code of Federal Regulations, section 240.10b-5.

It was part and object of the conspiracy which SAMUEL BANKMAN-FRIED, alias SBF, the defendant, and others known and unknown, willfully and knowingly allegedly and did, directly and indirectly, using means and instrumentation of interstate commerce and couriers, and a facility of a national securities exchange, to use and employ, in connection with the purchase and sale of a security listed on a national securities exchange and any unrecorded value, manipulative and deceptive device and artifice, in violation of Title 17, Code of Federal Regulations, Section 240.10b-5, by: (a) employing a device, device and artifice to defraud; (b) misrepresent a material fact and omit to state a material fact necessary for the statements made, in light of the circumstances in which they were made, not to be misleading; and (c) engage in an act, practice, and conduct of business that operated and would operate as a fraud and deceit on any person, contrary to Title 15, United States Code, Sections 78j(b) and 78ff, namely, BANKMAN-FRIED agreed with others to engage in a scheme to defraud investors of FTX.com by providing false and misleading information to such investors regarding the financial condition of FTX.com.

In furtherance of the conspiracy and to achieve the unlawful object thereof, the following overt act, among others, was committed in the Southern District of New York and elsewhere: On or about September 13, 2022, SAMUEL BANKMAN- FRIED, a/k/ an “SBF”, the defendant, caused an email to be sent to an FTX investor in New York, New York, which contained materially false information about the financial condition of FTX.

(Title 18, United States Code, Section 371.)

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This court case (United States v. Bankman-Fried, 22-cr-673 (Abrams), retrieved December 15, 2022) is in the public domain. Court-created materials provided by PACER are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.

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