Government Exhibit 558
The court identified Government Exhibit 558 as the only version of FTX's terms of service in evidence and recalled that it took effect in May 2022. Testimony addressed its provisions concerning margin collateral, liquidation, and futures trading, including Bankman-Fried's stated understanding that Alameda could engage in futures trading and borrow in many circumstances.
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The court instructed the jury that the terms of service could be considered with public FTX policies, statements, communications, and other circumstances when deciding whether the government proved a relationship of confidence and trust involving customer property. The court also cautioned that contractual language or a disclaimer could not make a misrepresentation immaterial as a matter of law.