Prosecutors suggest using a crucial recording of "what SBF is afraid of" as evidence, SBF responds: it's past the disclosure deadline.

U.S. federal prosecutor Damian Williams has been active recently, preparing for the October trial of the SBF case. He recently had SBF sent to jail in advance and submitted a document on August 14, suggesting that a note titled "Things Sam is Freaking Out About" from Caroline Ellison, former CEO of Alameda Research, be used as evidence. However, SBF's legal representatives have also submitted documents in rebuttal.

Caroline Ellison Key Document "Things That Scare SBF"

Caroline Ellison, former CEO of Alameda Research, has recently become the focus in the SBF case. Firstly, Caroline Ellison's past diary was exposed by The New York Times, and later prosecutors accused SBF of screening and deliberately leaking the diary. SBF was also detained early due to "interfering with multiple witnesses" and had bail revoked.

• Prosecutors accuse SBF of deliberately leaking the diary of former Alameda CEO to tarnish the identity of tainted witnesses

• Attempting to interfere with multiple witnesses! SBF's bail has been revoked, and he will be detained before the trial in October

U.S. Federal Prosecutor Damian Williams pointed out in the latest document that conversations between SBF and executive colleagues should not be excluded, suggesting that a note by Caroline Ellison titled "Things Sam is Freaking Out About" be included as evidence.

FTX Executives Were Aware of User Fund Shortages Early

The document not only includes conversations with SBF but also Caroline Ellison's views on Alameda's trading hedging and negative reports on Alameda and FTX.

The document excerpts a large amount of Ellison's recording from November 9, 2022, two days before FTX declared bankruptcy:

FTX Employee: Who else knows about the shortage of FTX user funds?

Ellison: I think SBF, Nishad Singh former FTX Director of Engineering, and Gary Wang FTX co-founder and CTO all discussed this.

FTX Employee: Who decides to use customer deposits?

Ellison: Probably SBF, I guess.

Prosecutor Damian Williams emphasized that Ellison is an agent of SBF and a co-conspirator, and the above should be considered direct evidence.

SBF Lawyer: Missed Evidence Disclosure Deadline

SBF's lawyer responded through legal documents, stating that Damian Williams should not have provided relevant evidence after the evidence disclosure deadline of July 1, including chat records between Gary Wang and Ellison on Telegram, as this would prevent them from adequately preparing for the upcoming trial.

The lawyer also pointed out that metadata in audio files can be tampered with and should not be used as evidence, and stated that public statements by FTX.US should not be considered evidence, as FTX.US and the Bahamas-based FTX operate independently.

As of now, SBF is scheduled to stand trial on October 2, with another trial set for March 2024, covering additional charges filed in multiple superseding indictments.