For embattled FTX founder Sam Bankman-Fried, incompetence could be a legal strategy

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For embattled FTX founder Sam Bankman-Fried, incompetence could be a legal strategy
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If federal authorities want to pursue criminal charges, they'll have to prove intent, experts say.

The Justice Department, Securities and Exchange Commission and Commodity Futures Trading Commission are all investigating the collapse, according to multiple reports."Bankman-Fried looks like he is at very serious risk of ending up in prison," says Renato Mariotti, a former prosecutor in the DOJ's securities and commodities fraud section, and now a defense attorney at Bryan Cave Leighton Paisner.

That’s why the defense against such charges typically centers on something like, "It wasn't fraud, I was just really bad at my job." "Typically, in a fraud case, the person at the top argues that he was inattentive, delegated to others, and wasn’t focused on the details," Mariotti tells Axios. "The point is to argue that he was sloppy or inattentive, not a fraudster."There can be other defenses.

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