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Federal Criminal Trialtrial-daytrial-dayNicolas RoosMark S. CohenZac PrincedirectcrossredirectrecrossDay 8 - October 13, 2023Zac Prince described BlockFi's loans to Alameda, its reliance on unaudited financial information and collateral, and the Alameda loans and FTX assets he said preceded BlockFi's bankruptcy. Cross-examination addressed internal risk concerns, exception approvals, and a proposed loan Prince said BlockFi did not make; separately, the court sought an update on a planned extended-release Adderall arrangement for Bankman-Fried.
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Day 8 - October 13, 2023

BlockFi's Alameda Lending, FTX Assets, and Bankruptcy

Judge Lewis A. Kaplan
8Proceedings
2Pages
1Witnesses
905Lines
1Sidebars
Day 8 of 19
Appearing:

Zac Prince described BlockFi's loans to Alameda, its reliance on unaudited financial information and collateral, and the Alameda loans and FTX assets he said preceded BlockFi's bankruptcy. Cross-examination addressed internal risk concerns, exception approvals, and a proposed loan Prince said BlockFi did not make; separately, the court sought an update on a planned extended-release Adderall arrangement for Bankman-Fried.

Full day summary

In a robing-room discussion, defense counsel said Bankman-Fried's early-morning Adderall dose wore off before the court day and that efforts to obtain a lunchtime dose had been unsuccessful. The prosecution reported that the BOP had approved an extended-release dose for administration at 6 a.m. and hoped to begin the arrangement Monday. The court directed the prosecution to report whether that occurred. Zac Prince testified that BlockFi's lending to Alameda grew from approximately $50 million in May 2021 to approximately $1.1 billion in May 2022. He said Alameda provided unaudited balance sheets, wallet information, and mostly FTT collateral, met margin calls, and fully repaid loans recalled during the May and June 2022 market turmoil. Prince reviewed Alameda balance sheets and a BlockFi credit memo whose stress tests projected positive equity even if FTT and Serum fell to zero. He testified that materially greater liabilities could have changed BlockFi's lending decisions and that BlockFi did not know of Alameda borrowing from FTX, loans to company executives, or any use of customer money. He said approximately $650 million in Alameda loans and $350 million in assets held on FTX were ultimately impaired, leading BlockFi toward bankruptcy. On cross-examination, Prince acknowledged BlockFi's concerns about wrong-way risk, volatility, liquidity, unaudited financials, and credit limits. He explained that exceptions could receive executive and board-level approval, but said BlockFi did not make the particular loan opposed in one credit memo and distinguished it from later loans made with higher collateral requirements. The court admitted defense exhibits with an instruction that information attributed to Alameda could not be considered for its truth. On redirect and recross, Prince clarified that BlockFi's bankruptcy assessment involved both the Alameda loans and inaccessible FTX assets, and he declined to characterize the Alameda loans as the sole cause.

2. Zac Prince — Direct/Cross/Redirect/Recross (Part 2)

Zac Prince completed direct, cross, redirect, and recross testimony about BlockFi’s loans to Alameda, its assets held at FTX, and the losses that preceded BlockFi’s bankruptcy.

Procedural
Medication Update and Trial Resumption
9 lines
Direct
Zac Prince — Direct Zac Prince Nicolas Roos
400 lines

Zac Prince described BlockFi's due diligence and reliance on Alameda's financial statements, explained why it extended hundreds of millions of dollars in new loans, and testified that approximately $1 billion in combined Alameda and FTX exposure was not returned.

1 sidebar inside this proceeding
  1. Scope of Zac Prince’s Exchange TestimonyThe defense challenged whether Zac Prince had a sufficient factual foundation to compare cryptocurrency lenders and exchanges without offering undisclosed expert opinion.
Cross
Zac Prince — Cross Zac Prince Mark S. Cohen
376 lines

Defense counsel used BlockFi credit records to examine known risks in lending to Alameda, while Prince distinguished a rejected loan proposal from later, more highly collateralized loans and described BlockFi's reliance on counterparty information.

Redirect
Zac Prince — Redirect Zac Prince Nicolas Roos
23 lines

Prince clarified the risk associated with FTT-backed Alameda loans and testified, over an overruled defense objection, why BlockFi proceeded toward bankruptcy.

Recross
Zac Prince — Recross Zac Prince Mark S. Cohen
10 lines

Prince declined a sole-cause characterization and said BlockFi would not have needed to file in November 2022 if its Alameda loans and FTX funds had not been impaired.

Procedural
Witness Scheduling and Busick Exhibit Hearing
56 lines

Highlights

Zac Prince — Direct“To put it simply, the assets stayed within the exchange environment. They weren't re-lent on or taken off of the exchange to be used by some——by some third party.”— Zac PrincePrince stated BlockFi's understanding of how exchanges with which it dealt treated deposited customer assets.Zac Prince — Directtestimony highlightPrince testified that BlockFi's lending to Alameda grew from approximately $50 million in May 2021 to approximately $1.1 billion in May 2022. He said Alameda supplied unaudited balance sheets, wallet information, and mostly FTT collateral, made timely payments, and met margin calls during that period.Zac Prince — Directevidence eventThe court received Government Exhibit 417, a BlockFi credit memo. Prince explained that its stress tests modeled declines of 35 percent, 50 percent, and 100 percent in specified cryptocurrencies and concluded that Alameda would retain approximately $638 million in positive equity even if FTT and Serum fell to zero.Zac Prince — Direct“Our conclusion was basically that they would still have -- even in a scenario where FTT went to zero and Serum went to zero, they would still have positive equity to the tune of 638 million and change.”— Zac PrincePrince described the conclusion BlockFi drew from its severe stress test of Alameda's reported balance sheet.Zac Prince — Directtestimony highlightPrince testified that materially greater liabilities could have changed BlockFi's lending decisions and that doubling the reported loan figure might have caused BlockFi not to lend at all. He said BlockFi was unaware of Alameda borrowing from FTX, loans to company executives, or any use of customer money, while qualifying that the effect of additional borrowing would depend on its amount and structure.Zac Prince — Directtestimony highlightPrince testified that BlockFi had approximately $350 million of assets on FTX and expected those assets to remain available for BlockFi's trades. After FTT declined, approximately $650 million in Alameda loans and $350 million on FTX were not returned; Prince said the resulting impairment led BlockFi to declare bankruptcy.Zac Prince — CrossconfrontationReviewing Defendant's Exhibit 817, Prince qualified counsel's description of the credit team's position and testified that the particular loan opposed by the memo's authors was not made.Zac Prince — Cross“Yes, but this, you know——you're showing me a credit memo where they're saying "we recommend not making this loan," and I'm telling you we did not make this loan.”— Zac PrincePrince directly resisted counsel's effort to equate later Alameda lending with approval of the specific transaction opposed in the August 31 credit memo.Zac Prince — Recrosstestimony highlightPrince declined to characterize the Alameda loans as the sole cause and clarified that BlockFi would not have needed to file for bankruptcy in November 2022 if the loans had remained in good standing and its FTX funds had been accessible.Zac Prince — Recross“I do not think, in a scenario where those two things were not impaired, that the company would have needed to file for bankruptcy.”— Zac PrincePrince carefully limited his causation testimony to a counterfactual involving both the Alameda loans and BlockFi's inaccessible funds at FTX.
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