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Re:Sam Bankman-Fried sentenced to 25 years in prison by tithe on Thursday March 28, 2024 @11:53AM (#39853037)
Seems low for what prosecutors consider "one of the biggest financial frauds in U.S. history."

https://www.reuters.com/technology/sam-bankman-fried-be-sent...

Re:Sam Bankman-Fried sentenced to 25 years in prison by yokem55 on Thursday March 28, 2024 @11:57AM (#39853126)
If someone isn't a violent threat to society, there isn't much social benefit to keeping folks locked up longer then 20-ish years. 20-25 (assuming he gets the 15% off for good behavior the feds allow) is plenty.
Re:Sam Bankman-Fried sentenced to 25 years in prison by abvdasker on Thursday March 28, 2024 @12:30PM (#39853816)
> If someone isn't a violent threat to society, there isn't much social benefit to keeping folks locked up longer then 20-ish years.

This unfortunately widely held belief is measurably wrong and reeks of all kinds of biases. White collar criminals are one of the categories most likely to reoffend. Recidivism is much higher in white collar criminals precisely due to the leniency they often experience and the powerful financial motives associated with these types of crimes.

For violent crime 38.9% of convicts were arrested for new crime within 3 years of release. White collar crime on the other hand had a 58.8% 3-year recidivism rate.

White collar crime poses systemic risks which violent crime doesn't to the same extent. It undermines confidence in institutions by creating corruption and waste, enriching few at the expense of many. When it becomes normalized and widespread this kind of crime can destroy a country's economic and political systems.

https://medcraveonline.com/FRCIJ/FRCIJ-02-00039.pdf

Re:Sam Bankman-Fried sentenced to 25 years in prison by bombcar on Thursday March 28, 2024 @12:47PM (#39854125)
> In analyzing recidivism of violent criminals, the criteria used were any prisoner with two or fewer prior arrests, who had been convicted of rape, homicide, assault, other sexual abuse, or other violent crime.

> In examining at white collar criminals, the criteria used were any prisoner with two or fewer prior arrests, who had been convicted of larceny, theft, motor vehicle theft, or other property crime (which included types of fraud, embezzlement, etc.).

I wonder if you removed the "two or fewer" if you'd get a different result.

Re:Sam Bankman-Fried sentenced to 25 years in prison by Teever on Thursday March 28, 2024 @12:52PM (#39854211)
I very much agree with your last paragraph. I would go so far as to say that white collar crime is worse than violent crimes because it is the pernicious ability of white collar crime to perpetuate the environment that it flourishes that can lead to the social decay that you're talking about which ultimately causes violent crime.

Another aspect of white collar crime vs violent crime is that there's no real legal concept of self defense against white collar criminals while in most places there's varying degrees of force you can use in response to a violent crime being committed against you or a stranger. With white collar crime a psychopath wearing a corporation can act with impunity and ruin your livelihood in all kinds of ways and there's nothing you can do about it.

Re:Sam Bankman-Fried sentenced to 25 years in prison by zug_zug on Thursday March 28, 2024 @12:18PM (#39853567)
Feels low to me too. I think the distinction between "violent" is completely irrelevant. I think taking money from people does just as much harm as physically injuring them -- many people would rather have several bones broken than lose their pension.

The benefit is the deterrent. It's especially important for wealthy people who we may wonder if they greased wheels behind the scenes.

If you want somebody to cry about, cry about a man doing a life sentence for marijuana possession, not sbf. [1]

1 - https://eji.org/news/life-sentence-for-marijuana-possession-...

Re:Sam Bankman-Fried sentenced to 25 years in prison by dijit on Thursday March 28, 2024 @12:38PM (#39853975)
FWIW people have a viceral reaction to extremes of violence that they can comprehend.

When you consider that a 1% unemployment rate increase generally correlates to ~5,000 deaths then you can consider gross financial negligence to have an actual tangible human mortality cost.

We just don't, because it's too indirect and your laywer would argue confounding factors until you are all dead; but don't be mistaken: financial crimes do cost lives.

Re:Sam Bankman-Fried sentenced to 25 years in prison by tshaddox on Thursday March 28, 2024 @12:22PM (#39853659)
I think it's generally appropriate to group violence, coercion, and fraud together in these discussions.
Re:Sam Bankman-Fried sentenced to 25 years in prison by FabHK on Thursday March 28, 2024 @12:46PM (#39854104)
> I think the distinction between "violent" is completely irrelevant.

In particular since several people with crypto losses committed suicide, or worse, murder-suicide (killing their family and kids first).

Re:Sam Bankman-Fried sentenced to 25 years in prison by batch12 on Thursday March 28, 2024 @12:23PM (#39853670)
I think it's okay to consider both to be too long.
Re:Sam Bankman-Fried sentenced to 25 years in prison by CraigJPerry on Thursday March 28, 2024 @12:38PM (#39853982)
>> The benefit is the deterrent

That’s utterly useless. There is simply no way any sociopath gives one iota about it.

Re:Sam Bankman-Fried sentenced to 25 years in prison by tsimionescu on Thursday March 28, 2024 @01:59PM (#39855175)
On the contrary, sociopaths typically only care about the deterrent.
Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @12:02PM (#39853216)
I have to ask: does 20 years provide more social benefit than 10? 5? Surely there's diminishing returns on imprisonment.

As a deterrent and as a punitive, I get it, but even life sentences don't seem to deter crimes that can yield those punishments.

Re:Sam Bankman-Fried sentenced to 25 years in prison by lapetitejort on Thursday March 28, 2024 @12:13PM (#39853466)
I've always been in favor of the Norway sentencing model [0]. 21 years is the max prison sentence, with 5 year extensions possible. Punishment must always carry the possibility of rehabilitation and return to society, even in the most extreme cases. A small amount of people will show no remorse or willingness to improve and will remain in prison for life.

[0] https://en.wikipedia.org/wiki/Life_imprisonment_in_Norway

Re:Sam Bankman-Fried sentenced to 25 years in prison by mrkeen on Thursday March 28, 2024 @12:26PM (#39853735)
> with 5 year extensions possible.

Ouch! I hadn't heard of this before, and I gotta say I'm not a fan.

I agree with it only in principle; it seems ripe for injustice in all practical details.

If you maintain your innocence, is that a lack of remorse? Can you be any kind of 'model citizen' in prison - engaging in charity or volunteer work? Who brings the +5 year charge or provides evidence for it? The prison staff who don't find your personable, or the shrink who doesn't think you're taking the sessions seriously (if shrink visits in prison exist)?

Re:Sam Bankman-Fried sentenced to 25 years in prison by professoretc on Thursday March 28, 2024 @12:39PM (#39853987)
> I agree with it only in principle; it seems ripe for injustice in all practical details.

Yep, instead of "you definitely get out of prison after X years have passed" you instead get "you get out of prison in 21 years! (or never, depending on how we feel)".

Re:Sam Bankman-Fried sentenced to 25 years in prison by lapetitejort on Thursday March 28, 2024 @12:56PM (#39854283)
Per the wiki page, the five year extensions are for the indeterminate penalty, not for any prison sentence. The alternate to this sentence is "We will kill you in prison" or "You will die in prison".
Re:Sam Bankman-Fried sentenced to 25 years in prison by mlyle on Thursday March 28, 2024 @12:21PM (#39853640)
I think that might be the best normal path, but I think there's a (relatively small) population of offenders who we can know have no real prospect of rehabilitation.

Perhaps the more important distinction: if we're going to let people out of prison eventually, we should make sure that prison is a place that is set up in the best way to make that eventual return to society successful. Right now, it feels like we do the opposite.

Re:Sam Bankman-Fried sentenced to 25 years in prison by toomuchtodo on Thursday March 28, 2024 @12:05PM (#39853292)
What do you believe Sam would do if granted a shorter sentence, assuming they believe they've done nothing wrong? Who should carry the burden of re-offense without remorse?

People make mistakes, to err is human, and forgiveness should be provided to those with the capacity to change (ie harm less). Compassion is important. But if you don't believe you've done anything wrong, can we not project future potential outcomes? Prison duration is a risk assessment of harm reduction.

EDIT: Prison should still be about rehabilitation and treating humans humanely, to be clear.

Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @12:07PM (#39853344)
> What do you believe Sam would do if granted a shorter sentence, assuming they believe they've done nothing wrong?

Ostensibly the same thing as after a 22 year sentence, just later.

Re:Sam Bankman-Fried sentenced to 25 years in prison by sangnoir on Thursday March 28, 2024 @12:17PM (#39853543)
The difference is society gets 12 additional years of safety which it wouldn't get otherwise. Ostensibly.
Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @12:24PM (#39853696)
> The difference is society gets 12 additional years of safety which it wouldn't get otherwise.

Naturally, by this logic I have to ask: why not 32 years? 52? 102? Aren't we doing society a disservice by ever allowing criminals to leave prison?

> Ostensibly

I chose this word carefully, because I think a lot of our preconceived notions on criminal behavior have not been validated by the real world, including the deterrent effects of long-term imprisonments.

Re:Sam Bankman-Fried sentenced to 25 years in prison by sangnoir on Thursday March 28, 2024 @12:46PM (#39854116)
> Naturally, by this logic I have to ask: why not 32 years? 52? 102?

Because the sentencing judge applied the guidelines provided by law as written by legislature, considered case-law, the specifics of this case and applied their professional judgement to come up with a 25-year sentence as an appropriate one for the crimes committed. If the defendant disagrees, they can appeal the sentence to get a second opinion.

You're attempting to reductio ad absurdum prison sentences - I'll apply it to your argument in turn - why send guilty people to prison at all? What's the difference between 1 day imprisonment and 60, or 6000? A sense of proportion is the difference between a black-and-white world and the one we strive for in reality.

Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @12:55PM (#39854268)
> Because the sentencing judge applied the guidelines provided by law as written

We know the mechanics of why it was chosen. What I was asking was by your logic, 22 is less protective of society than 102, which makes me question the validity of "it protects society" reasoning. Why protect less when we have a quantifiably greater level of protection?

> You're attempting to reductio ad absurdum prison sentences

This is incredibly dismissive. We have arbitrary sentencing guidelines. They are based on reasoning, but that doesn't mean they are correct. They are fluid, change from locale to locale, and have unpredictable efficacy.

> why send people to prison at all? What's the difference between 1 day imprisonment and 60

You see, I don't think that's reductio ad absurdum at all. It's a valid question. You can argue for it and against it, but it isn't absurd or contradictory on its face.

> A sense of proportion is the difference between a black-and-white world

All you're saying here is 6000 > 1. We know this. I'm asking why 6000 is right, 1 is wrong, and why we throw away the other 5998.

Re:Sam Bankman-Fried sentenced to 25 years in prison by sangnoir on Thursday March 28, 2024 @01:59PM (#39855167)
> What I was asking was by your logic, 22 is less protective of society than 102, which makes me question the validity of "it protects society" reasoning

The answer to all variations of your underlying question in your post is because when handing down sentences, there are multiple, oft-conflicting considerations. We don't only consider societal safety - if we did we'd just jail everyone for life.

6000 is right because it is the right point of balance between keeping society safe and the rights of the imprisoned, while reflecting the seriousness of the crime without being cruel or unusual. Prison sentences inherently take away rights from the prisoner, and this is yet another thing that's thrown onto the pile of considerations for tradeoffs which individually lengthen or shorten the term of imprisonment. It's not a binary decision like you propose (imprisoned vs not imprisoned for any crime), but finding the right balance point (likely region or volume) on multidimensional axes.

I'm not a trial judge, but I can think of the following factors off thr top of my head: nature of crime committed, remorse, amount of harm, restitution (if any), sentencing guidelines in the law, probability of recidivism, safety of society, safety of defendant, sentences issued on similar cases in the past, appeals on similar cases in the past, prosecutor sentencing recommendations, defense sentencing recommendations, time already served, culpability, the number of charges defendant is found guilty of and whether they can be served simultaneously or not, etc. You're ignoring all of these and projecting the sentence to a single dimension (societal safety).

You haven't answered why you think we imprison people in the first place (or if we should). We cant have a fruitful discussion about which sentence durations are "better" without knowing what metrics we are measuring.

Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @02:26PM (#39855556)
> We don't only consider societal safety - if we did we'd just jail everyone for life.

This is why I asked why 22 was right and 32 is wrong. "Because the judge said so" is no more useful than my asking "why heads?" and you answering "because that's where it landed when I flipped it."

There might not be a "right answer," and I'm ok with that. But it's odd to decide it's right simply because an authority decided it was.

> You're ignoring all of these and projecting the sentence to a single dimension (societal safety).

I'm not ignoring them, I'm simply responding to the reasoning you gave. By your metrics, 22 gives 12 more years of societal safety than does 10. This is what you responded to me, and I'm trying to point out that I believe it's flawed. If there are more factors included, it doesn't make this reasoning less flawed, it's just a smaller slice of the judgment's pie.

> You haven't answered why you think we imprison people in the first place (or if we should). We cant have a fruitful discussion about which sentence durations are "better" without knowing what metrics we are measuring.

Perhaps inadvertently, I think you hit the nail on the head. We don't have metrics that validate or invalidate any of this. We rely on a set of arbitrary guidelines mediated by emotions and feelings. In a great many cases, I don't think we're accomplishing anything but pushing a problem away and pretending we fixed it.

Re:Sam Bankman-Fried sentenced to 25 years in prison by sangnoir on Thursday March 28, 2024 @02:52PM (#39855848)
Forgive me for going meta: Your "Socratic method" falls short when you ignore obvious context. You assumed the liat of reasons I stated was exhaustive, I clarified in my reply that it wasn't and then after another back-and-forth you suggested I may have "inadvertently" stumbled upon the the real reason of your concerns: complexity, which I suppose you felt you were strongly hinting at, but I had explicitly mentioned earlier.

You will save yourself and others time by steelmanning and front-loading your priors - especially in written discussion forums like HN... Unless you're one of those people who enjoy debating more than learning other perspectives. This thread should not have been this deep when I have been stating "there are other factors" in my second contribution to it, and it turns out you were agreeing all along.

Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @03:42PM (#39856415)
> You will save yourself and others time by steelmanning and front-loading your priors

This isn't what happened - my end of the conversation was a reaction to your replies and only your replies.

> This thread should not have been this deep when I have been stating "there are other factors" in my second contribution to it, and it turns out you were agreeing all along.

You did in the prior reply - at least explictly - only. Forgive me for not making assumptions of things you didn't say.

But again, my point was that if "protection of society" is a factor in this complex system, there's not much argument against maximizing that.

All that said ...

> complexity, which I suppose you felt you were strongly hinting at, but I had explicitly mentioned earlier.

This wasn't my conclusion, it was simply a reaction to getting more information in that reply than you had previously offered.

> Unless you're one of those people who enjoy debating more than learning other perspectives.

:(

Getting a reductive comment like this doesn't help.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bombcar on Thursday March 28, 2024 @12:49PM (#39854161)
What safety does society get with him in prison that it wouldn't get with him outside prison and restricted from any "financial" type job?

I don't really see the harm in him working at McDonalds, for example, except maybe he'd embezzle from the till, so put him on fries.

Re:Sam Bankman-Fried sentenced to 25 years in prison by tsimionescu on Thursday March 28, 2024 @02:03PM (#39855230)
If he's free, he could very well pretend he's someone else and skirt the restrictions, or convince someone else to act as his pawn.
Re:Sam Bankman-Fried sentenced to 25 years in prison by gjsman-1000 on Thursday March 28, 2024 @12:34PM (#39853924)
> EDIT: Prison should still be about rehabilitation and treating humans humanely, to be clear.

No. Prison should be about punishment combined with rehabilitation, neither at the expense of the other.

It is perfectly OK to say that punishment, the infliction of pain, for a crime, is warranted even if it has no rehabilitative value, assuming that it is not demeaning or cruel.

Why? Several reasons:

1. Punishment has it's own value for the sake of justice. A hypothetical: Imagine there was a drug, with a 10% fatality rate, that perfectly rendered the receiver incapable of murder without any other side effects. They just perfectly gain control of their emotions and reason, or something to that effect. If a person goes and murders 50 individuals, but takes the drug and lives; they've been theoretically perfectly rehabilitated and need to be let back into society, right?

If you think, "of course not," you are now admitting that punishment has a value by itself.

EDIT: Also, this hypothetical, actually exists. Imagine this case with SBF. Imagine if the only penalty for his actions, were that he could not run a banking organization ever again, or hold more than $1,000,000 in any account that he controls. Perfectly rehabilitated, my hypothetical with the drug, in one swoop. He will never be able to commit this crime again.

I think I might very well run and do a financial fraud tomorrow. At least I'll enjoy the high life for several years. You are literally telling me, in that case, I could live for years, possibly decades (if I'm Madoff), and my only punishment will be that I can't do it again. After all, it's only about rehabilitation for myself; and to do otherwise would be punishment for punishment's sake.

2. If punishment is not given out fairly, and is only contingent upon rehabilitation; you are ignoring the rights and feelings of the victims and focusing too heavily on the rights and feelings of the criminal. Victims have feelings and rights, and considering they are the harmed, their feelings and rights ought to be first priority, and the criminal's second. Otherwise, victims feel the need to take things into their own hands. Always have, always will, as part of human nature. That's how you get societal meltdown, followed by vigilantism.

Re:Sam Bankman-Fried sentenced to 25 years in prison by jddj on Thursday March 28, 2024 @12:39PM (#39854003)
> If you think, "of course not"...

And if you think it sounds reasonable?

While there's some benefit (deterrence) to there being perceived costs to bad behaviour, it's arguable whether punishment for the sake of punishment stands up on its own merits.

In your proposed world, where murderousness is recognised as a treatable illness, it doesn't really seem reasonable to punish to punish or to imprison as a deterrent.

Re:Sam Bankman-Fried sentenced to 25 years in prison by gjsman-1000 on Thursday March 28, 2024 @12:40PM (#39854014)
I'll kill your daughter, scatter her remains on the road, take the drug, and see if you think otherwise.

Think about it. Under this hypothetical (which I think is OK, everybody does Trolly Problems all the time), you should be just fine with this result. The deterrence value is there (10% chance of death), I've been rehabilitated permanently so I can be let out a week after I did the murder, it's all good. I might as well add some torture to the mix as well, because the drug will perfectly rehabilitate that too, of course, so it doesn't really matter how I did it either.

Re:Sam Bankman-Fried sentenced to 25 years in prison by jddj on Thursday March 28, 2024 @12:57PM (#39854308)
In this case, the deterrent makes sense.

The punishment so that the universe feels more fair to me isn't all that useful. Maybe as you suggest the mob lynchings in this case are unavoidable but I'm not convinced.

Happily (both for those who want to subjectively See Justice Done, and for those who upon reflection find it all a little perverse), the two don't really seem to be separable beyond a certain point.

Re:Sam Bankman-Fried sentenced to 25 years in prison by gjsman-1000 on Thursday March 28, 2024 @12:58PM (#39854326)
It might work for you, but are you telling me that if you were the murderer in question, you wouldn't be afraid that the family wouldn't assassinate you at first opportunity if this happened to their daughter?

A heavy sentence is safety for the criminal as well.

Re:Sam Bankman-Fried sentenced to 25 years in prison by jddj on Thursday March 28, 2024 @01:04PM (#39854411)
That seems completely orthogonal to the point I disagreed with, which was (loosely, sorry) that punishment purely for punishment's sake is a social good.
Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @12:49PM (#39854170)
> you should be just fine with this result.

Some people are. Some people who have been victimized do forgive and ask for leniency.

There is an emotional and personal aspect to that, but typically we don't set laws that way.

I'd also argue that "it's all good" is not a fair measure for when we consider justice to be served. Practically, when there's nothing left to gain, the scale tips from justice to pure retribution.

Re:Sam Bankman-Fried sentenced to 25 years in prison by gjsman-1000 on Thursday March 28, 2024 @12:53PM (#39854222)
> Some people are. Some people who have been victimized do forgive and ask for leniency.

I think you're confusing forgiveness with punishment. The two are not incompatible.

If your son hits your daughter, you forgive him immediately (you do not hold hatred or anger in your heart for that action); but you still punish him to deter the future behavior. The two are not incompatible, or at odds with one another. Similarly, it is not incompatible that a man who committed mass murder might be forgiven by the families (in that they won't hold hate in their hearts, or use his name as a curse), but the families may also simultaneously desire that the individual be removed from society.

> Practically, when there's nothing left to gain, the scale tips from justice to pure retribution.

Retribution is part of justice, and is not at odds with it. If I steal $500, I owe $500 as part of justice. If I steal $1,000; I owe $1,000 as part of justice. If I steal $10 billion dollars, a sum I shall never repay, I can only beg forgiveness and pay the most I reasonably can, for a reasonable amount of my life. For justice, at that point, recognizes that a society which allowed me to steal $10 billion in the first place, has some responsibility as well, reducing the required amount for retribution.

Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @01:14PM (#39854563)
> I think you're confusing forgiveness with punishment. The two are not incompatible.

Not at all. You said "you should be fine with it," which is really "acceptance" rather than forgiveness, although they go hand in hand.

My point was simply that being fine with it or not being fine with it as an personal, emotional response typically does not guide modern societal rules.

> Retribution is part of justice, and is not at odds with it.

Inherently this is probably true, but we actually have laws that are intended to specifically exclude that as a factor, depending on jurisdiction.

Re:Sam Bankman-Fried sentenced to 25 years in prison by latexr on Thursday March 28, 2024 @12:54PM (#39854242)
> People make mistakes, to err is human

Hard to make that argument when discussing fraud, which by definition is intentional deception.

Re:Sam Bankman-Fried sentenced to 25 years in prison by FabHK on Thursday March 28, 2024 @12:51PM (#39854199)
So, legal theory provides three reasons for punishment:

1) revenge ("an eye for an eye") - that's not considered a factor anymore today except as an upside-limit on the punishment, ie, the punishment should not exceed the damage caused. Here, the damage caused was immense, so don't think that'll be a limiting factor.

2) specific prevention - keep that particular perpetrator off the streets, so they can't commit crimes again. There's some argument that old people commit fewer crimes, so when the perpetrator is old enough, one can let them go. Maybe one shouldn't let SBF out until he's older than Madoff was...

3) general prevention, aka deterrence - make sure that the punishment (in conjunction with the probability of being caught) is sufficient to discourage others from committing the crime. This is problematic as apparently most perpetrators seem to think that they won't be caught (which is why capital punishment doesn't necessarily reduce crime rates). I think in this case it's good that the many, many crypto "operators" see that there is some downside in scamming people.

Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @12:06PM (#39853320)
I remember reading an article/study that said we think we punish for deterrence, but we mostly punish out of spite.
Re:Sam Bankman-Fried sentenced to 25 years in prison by dartos on Thursday March 28, 2024 @12:20PM (#39853614)
What’s the difference?
Re:Sam Bankman-Fried sentenced to 25 years in prison by mlyle on Thursday March 28, 2024 @12:24PM (#39853698)
Deterrence makes someone not want to commit the crime because of fear of the consequences.

Retribution ("spite") is about getting even.

Rehabilitation is about making it so that the person is less likely to offend again when released and more likely to be of positive value to society.

Removal is about locking someone up so they cannot do more crimes.

A good prison system should balance all four.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bee_rider on Thursday March 28, 2024 @12:40PM (#39854009)
I wonder how the measure they measure the deterrence effect, it seems impossible to me. It would be a society-wide thing (hard to come up with an isolated experiment) and it seems like something where people would bring in a ton of bias.
Re:Sam Bankman-Fried sentenced to 25 years in prison by rustcleaner on Thursday March 28, 2024 @02:33PM (#39855638)
Recidivism I think is a great one: direct experience of the traumas of imprisonment not only fail to address the root failures which lead to crime, it seems to exacerbate it! If direct experience fails to deter, I am unconfident proxy experience would see success either. It's a meme by now, but see Norway for something closer to the mark.
Re:Sam Bankman-Fried sentenced to 25 years in prison by bee_rider on Thursday March 28, 2024 @03:24PM (#39856246)
Recidivism was something I wondered about for a second, but I think it is not what we’re looking for. I think the theory of deterrence is specifically that punishing crimes harshly will make other members of society less willing to commit crimes. Recidivism is a failure of rehabilitation, not deterrence, right?

It also seems like the population of ex-criminals couldn’t be representative of the population as a whole, right?

(FWIW I think the theory of deterrence is probably not correct, I can’t prove a negative, but the burden of proof lies at the feet of people who suggesting it I think).

Re:Sam Bankman-Fried sentenced to 25 years in prison by mlyle on Thursday March 28, 2024 @03:40PM (#39856400)
> (FWIW I think the theory of deterrence is probably not correct, I can’t prove a negative, but the burden of proof lies at the feet of people who suggesting it I think).

There are absolutely times that I do not speed because I am concerned about the consequences of getting caught.

There are absolutely students in the school where I teach who follow given rules not because they agree with them, but because they are deterred by consequences. They refrain from climbing the volleyball net not from moral agreement, but because it will get them in trouble.

It's better for people to not commit crimes because they agree on the morals and principles involved... but if people don't agree or have a moment of weakness, the consequences are still influential.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bee_rider on Thursday March 28, 2024 @03:58PM (#39856594)
These are just anecdotes, which are fine for informal conversations like this, but hopefully you’d be a little more rigorous if you were seriously proposing a course of action for the justice system.

In the case of students, they seem to try and cheat sometimes, so the deterrence doesn’t seem very effective. Anyway, the negative consequence is very disperse (it hurts the reputation of the school if they get through without learning anything). The main bad result falls on them (they waste thousands of dollars to intentionally avoid learning). They also might fail the final, not as a punishment, but as a natural result of not learning the material.

In the case of speeding, everyone here speeds. The flow of traffic is always 5-10 over the speed limit here. People are intentionally breaking the posted speed limit to go the safer speed (going the speed limit here impedes the flow of traffic and makes a more dangerous situation for everyone). I think it is more of an informal decision making process—people just follow the herd—but it is a funny example!

Re:Sam Bankman-Fried sentenced to 25 years in prison by mlyle on Thursday March 28, 2024 @04:15PM (#39856758)
Are you saying you are never influenced by consequences in choosing what to do?

I understand the magnitude of deterrence effects may be in question, or that the relative worth of different types of deterrence are open to debate. But I don't really understand how something that is nearly a universal human experience can be in question. Almost everyone has chosen not to do something because of the consequences of outside rules.

Indeed, we can easily try and see. If I fail to be visible during break duty (so that students think there are unlikely to be consequences), students will climb the volleyball net. :D

> going the speed limit here impedes the flow of traffic and makes a more dangerous situation for everyone).

This has been studied and is itself a silly (untrue) anecdote.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bee_rider on Thursday March 28, 2024 @05:06PM (#39857300)
> Are you saying you are never influenced by consequences in choosing what to do?

Nope.

> I understand the magnitude of deterrence effects may be in question, or that the relative worth of different types of deterrence are open to debate.

In the context of the thread

> A good prison system should balance all four.

I thought it would be clear that the magnitude and the relative worth were the topic. Sorry if that wasn’t the case! I’m definitely not going to defend the idea that nobody has ever avoided doing something for fear of punishment (although I do think that in a well functioning society, most of the negative consequences should be natural, not artificially imposed as punishments).

> If I fail to be visible during break duty (so that students think there are unlikely to be consequences), students will climb the volleyball net. :D

I think if that’s the sort of thing you are worried about, you must be working with kids. They probably need a stricter treatment, since their brains aren’t done yet.

Re:Sam Bankman-Fried sentenced to 25 years in prison by rustcleaner on Saturday March 30, 2024 @05:36PM (#39878923)
Consequences are natural, punishments aren't.
Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @12:49PM (#39854168)
I really appreciate how you mapped out those four concepts and the language you used for them, I feel a lot more clear on it. Thank you.
Re:Sam Bankman-Fried sentenced to 25 years in prison by mlyle on Thursday March 28, 2024 @04:19PM (#39856815)
Thank you!
Re:Sam Bankman-Fried sentenced to 25 years in prison by Galacta7 on Thursday March 28, 2024 @12:21PM (#39853634)
Retribution shouldn't be the driving force, but I can understand it from a societal standpoint. Victims and the families of the victims will want to see a punishment applied for the harm they've suffered. It's in the state's interest to make sure that it's not excessively applied, but to degree there's a mix of correction and retribution that has to be taken into account at sentencing. One person's spite is another's justice.

I think that if too many people see retribution as no longer being applied, some people will start to take matters into their own hands to seek vengeance.

The state has an interest in preventing that and assuring retribution is applied as evenly as possible, and counterbalanced by other mitigating factors (e.g. the degree of offense, the circumstances under which it occurred, likelihood of reoffending, penitence of the guilty, etc.).

Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @12:37PM (#39853971)
I find your points quite interesting. If I'm understanding correctly, that if the victims, families of victims, or frankly, anyone who feels pain and wants to seek retribution, don't believe that the retribution is sufficient, then they may take action into their own hands. I witnessed this living in Tanzania, where if people didn't trust the police to arrest and punish someone who stole, sometimes the people would track down and seek mob justice (violence?) against the person who stole.

So if the government would take a true rehabilitative approach, and maybe arrest people but treat them well, try to help them so they don't do the same behaviors in the future, a percentage of the population might see that as insufficient and take retribution into their own hands.

You've helped me realize why I've actually shifted my professional focus from wanting to change politics to wanting to change culture. Seems a lot of being in government is doing what the people want, and if the people want retribution, then the government has to follow it.

I hope for (and am working towards) a world in which we help people know our pain not by trying to cause the same pain to them, but by expressing our pain to them with more granularity, because the pain they'd feel as a result of retribution will never be the exact same pain we feel, as our contexts are way too complex to replicate exactly.

I really appreciate your comment, thank you for helping me think more deeply about this.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bombcar on Thursday March 28, 2024 @01:17PM (#39854591)
I once read something that part of the point of government "management of crime" whatever you want to call it is to suppress vigilantism.

It may not be entirely descriptive, but it certainly is part of it. At some point Gary Plauché becomes common.

Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @01:45PM (#39854982)
This makes a lot of sense to me. And I appreciate you sharing the reference to Gary Plauché, I had never heard the story before.
Re:Sam Bankman-Fried sentenced to 25 years in prison by bombcar on Thursday March 28, 2024 @02:02PM (#39855214)
One of the most "unstabalizing" things in a society is a person or people with nothing to lose. You could make an argument for much of government being reducing the number of people with nothing to lose.
Re:Sam Bankman-Fried sentenced to 25 years in prison by Galacta7 on Thursday March 28, 2024 @11:43PM (#39860470)
Yes, I think you've eloquently summarized my thinking on this. Thankfully I've never had to witness people trying to take justice into their own hands, as you have, though I imagine it must be harrowing to witness especially in a mob situation.

It sounds like you're trying to be part of the solution, which I deeply commend. Thank you also for your very thoughtful reply. It's appreciated.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bartread on Thursday March 28, 2024 @12:24PM (#39853695)
I think both of those are flawed views. Not necessarily mistaken, but incomplete. One of the key reasons we imprison people is to prevent them from doing further harm to society: i.e., we put them in prison for our benefit, not theirs. It's definitely good if they're rehabilitated along the way, but rehabilitation isn't necessary for their imprisonment to be a net benefit to society.
Re:Sam Bankman-Fried sentenced to 25 years in prison by johnisgood on Thursday March 28, 2024 @12:42PM (#39854044)
Any thoughts on victimless crimes?
Re:Sam Bankman-Fried sentenced to 25 years in prison by bartread on Thursday March 28, 2024 @02:34PM (#39855648)
What SBF has done is not a victimless crime though: lots of fairly ordinary people lost money because of what he did, some of them lost everything.

Yes, I know some of the people who lost money are rich, and much is being made of that by people who want to troll by saying that's the only reason he really got into trouble (e.g., on Reddit). But that's not true: there are plenty of victims from SBFs crimes, both rich and not rich.

And in this kind of discussion I suggest it's helpful to avoid hypotheticals and to look at the real situations and outcomes relating to the case we're talking about.

Re:Sam Bankman-Fried sentenced to 25 years in prison by johnisgood on Thursday March 28, 2024 @03:05PM (#39856008)
Oh, I did not mean to say that what SBF has done was a victimless crime, I meant the question to be general, albeit off-topic. My bad!
Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @01:50PM (#39855048)
I think it depends on how we define victim, and especially how direct and tangible the harm needs to be to be considered a victim.

But maybe it also has to do with whether people feel victimized. If no one felt victimized, would we punish?

So I imagine it's probably a combination of who feels victimized and who society believes should feel victimized. Because as others may respond, white-collar crime has people who get harmed as a result of the actions, even if it's not as obvious as the person directly punching them in the face.

One could argue that even the fact of breaking the law can harm those who went through great lengths to not break the law.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bombcar on Thursday March 28, 2024 @01:22PM (#39854684)
What is a victimless crime? Speeding? Even though excessive speed is strongly correlated with crash deaths?

Fraud? The money comes from somewhere; someone is harmed by it (Pratchett's Going Postal has a good line on it - "No, You Have Not. But You Have Stolen, Embezzled, Defrauded And Swindled Without Discrimination, Mr Lipvig. You Have Ruined Businesses And Destroyed Jobs. When Banks Fail, It Is Seldom Bankers Who Starve. Your Actions Have Taken Money From Those Who Had Little Enough To Begin With. In A Myriad Small Ways You Have Hastened The Deaths Of Many. You Do Not Know Them. You Did Not See Them Bleed. But You Snatched Bread From Their Mouths And Tore Clothes From Their Backs. For Sport, Mr Lipvig. For Sport. For The Joy Of The Game.”

Re:Sam Bankman-Fried sentenced to 25 years in prison by hackable_sand on Friday March 29, 2024 @06:51AM (#39862555)
Littering and...?
Re:Sam Bankman-Fried sentenced to 25 years in prison by recursive on Thursday March 28, 2024 @12:27PM (#39853747)
If you do something for spite, does that mean it's not deterrent?
Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @12:47PM (#39854132)
I'll try to find the article, I think the point was that we think we are being violent to others with a conscious intention of trying to prevent future violence, but that most of the time we are doing it with the intention of them knowing our current pain that we think they caused to us, not really thinking much about the future.

So if the spite causes people to feel sufficiently afraid to do the action in the future, maybe it deters people from acting that way?

edit: here's the article...https://aeon.co/ideas/punishment-isnt-about-the-common-good-...

Re:Sam Bankman-Fried sentenced to 25 years in prison by rootusrootus on Thursday March 28, 2024 @12:46PM (#39854118)
IMO an important component of punishment is convincing society that justice has been served. Too light a punishment, and vigilantism will become prevalent.
Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @01:01PM (#39854369)
Your comment and another above has me thinking that it's almost like vicarious punishment. "If you don't punch them, I will, so you better punch them hard enough."
Re:Sam Bankman-Fried sentenced to 25 years in prison by rootusrootus on Thursday March 28, 2024 @01:31PM (#39854818)
It makes sense. We empower the government to act on our behalf, including with violence. Arguably it is one of the fundamental reasons for government to exist.
Re:Sam Bankman-Fried sentenced to 25 years in prison by jimkleiber on Thursday March 28, 2024 @01:56PM (#39855127)
And I wonder if certain calculations, like preventing vigilantism, tend to act on the behalf of not the majority of a population but an extreme few. Or in other words, if 95% of the population support an idea but 5% violently opposes it, does the government cater more to the 95% or 5%? At what point are government officials afraid that the 5% will commit violent acts against society or them and their loved ones and therefore cater to their perspective more than the majority?
Re:Sam Bankman-Fried sentenced to 25 years in prison by thereddaikon on Thursday March 28, 2024 @12:22PM (#39853663)
At some point its not about deterrent or social benefit but justice. People can say its not fair or productive for people like him to be locked up forever. Well, what about their victims? How many people's financial futures were destroyed by SBF? Is it fair to all those people that he will get to live a normal life? And likely a comfortable well off one at that. He already had a privileged family and I have no doubt it will be easy for him to profit off his story once he gets out. The hardly seems right.
Re:Sam Bankman-Fried sentenced to 25 years in prison by bawolff on Thursday March 28, 2024 @12:29PM (#39853794)
> Well, what about their victims? How many people's financial futures were destroyed by SBF? Is it fair to all those people that he will get to live a normal life?

That sounds more like retribution than justice. I.E. wanting to cause him pain because he caused pain in others.

Of course, i don't have a better answer by any means.

Re:Sam Bankman-Fried sentenced to 25 years in prison by seanmcdirmid on Thursday March 28, 2024 @12:33PM (#39853899)
It is deterrence: it sends the message of don't do the same thing or you'll wind up in prison for a long time. It really isn't retribution, this kind of enforcement is meant to scare other potential white collar criminals into not breaking the law as well.
Re:Sam Bankman-Fried sentenced to 25 years in prison by mnau on Thursday March 28, 2024 @12:56PM (#39854276)
Retribution is one of justifications for punishment: retribution; incapacitation; deterrence; rehabilitation and reparation.

Retribution is part of the justice.

Re:Sam Bankman-Fried sentenced to 25 years in prison by batch12 on Thursday March 28, 2024 @12:25PM (#39853717)
Does his jail time do anything that helps his victims other than make them feel good? Are there other ways he could make reparations?
Re:Sam Bankman-Fried sentenced to 25 years in prison by TheOtherHobbes on Thursday March 28, 2024 @12:59PM (#39854330)
It protects potential future victims - both from SBF and from those who might want to emulate him.

Which is why I think the sentence is too low.

There are other ways he could make reparations. One would be to have one-to-one meetings with his victims, where they tell him in person how his actions affected them.

There's a fair chance it would bounce right off SBF, because he clearly has serious personality issues.

Then again, maybe not.

Re:Sam Bankman-Fried sentenced to 25 years in prison by ziddoap on Thursday March 28, 2024 @12:35PM (#39853927)
A prison sentence is punishment, not justice.

Justice would be making the victims whole.

Re:Sam Bankman-Fried sentenced to 25 years in prison by ApolloFortyNine on Thursday March 28, 2024 @12:15PM (#39853506)
Imo 5 means 3 and that is too low for most serious crimes, it feels almost like an incentive to just not get caught, more than an incentive to not do it all.

Losing 20 years of your life though will have a drastic effect on the rest of your life. As it should for some crimes.

Or is your argument we should skip from 10 to death, I'm honestly not sure.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bawolff on Thursday March 28, 2024 @12:31PM (#39853848)
> I have to ask: does 20 years provide more social benefit than 10? 5? Surely there's diminishing returns on imprisonment.

Arguably, the social benefit is to deter more major crimes.

If all crimes were X year sentences, then once you comitted one crime you may as well continue, since the punishment is the same either way.

Re:Sam Bankman-Fried sentenced to 25 years in prison by hintymad on Thursday March 28, 2024 @12:17PM (#39853542)
I guess the nuance is that SBF can get paroles if he behaved well. That is, this 25 years can be punitive, but he will also has a chance to earn some trust and reduce the punishment.
Re:Sam Bankman-Fried sentenced to 25 years in prison by harambae on Thursday March 28, 2024 @12:35PM (#39853937)
He can’t get parole, but can get RDAP, halfway house, first step act, good behavior (15%), in theory a rule 35b (not sure what he knows), and whatever else gets invented in the future. Maybe a commuted sentence but probably not for a while.

Probably out in 17 years which is still a long time.

I was most surprised by the recommendation of medium security. Not sure how well Sam will do in a medium.

Re:Sam Bankman-Fried sentenced to 25 years in prison by anamexis on Thursday March 28, 2024 @12:20PM (#39853609)
Federal prisons do not have parole.
Re:Sam Bankman-Fried sentenced to 25 years in prison by volkl48 on Thursday March 28, 2024 @12:27PM (#39853757)
There is a possible "good behavior" reduction, but the maximum of that works out to around 15% off the sentence. He'll serve at least 21 of those years or so.
Re:Sam Bankman-Fried sentenced to 25 years in prison by KingOfCoders on Thursday March 28, 2024 @12:17PM (#39853545)
The problem is, criminals think they will not be caught. There is a deterrent, but the difference between 10, 20 and 30 years is abstract for someone who thinks they are not caught.
Re:Sam Bankman-Fried sentenced to 25 years in prison by cccybernetic on Thursday March 28, 2024 @12:28PM (#39853784)
This presumes a theory of justice where "social benefit" is relevant at all — not everyone accepts this.
Re:Sam Bankman-Fried sentenced to 25 years in prison by paulcole on Thursday March 28, 2024 @12:13PM (#39853452)
Is it a deterrent? SBF knew Madoff got 150 years.

The perceived benefit of getting rich and famous can make it easy to overlook the downsides of getting caught.

Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @12:17PM (#39853540)
> SBF knew Madoff got 150 years.

My perception of some of these financial crimes - Madoff included - is they start off with a small slip, rather than a full dive into fraud. A lot of times it snowballs while the person responsible keeps searching for a way out.

I wonder at what point SBF would have even said what he was doing was immoral. If you're running a Ponzi scheme you think you can salvage, would you compare yourself to Madoff, or would you think "I'm trying to set things right"?

Re:Sam Bankman-Fried sentenced to 25 years in prison by skulk on Thursday March 28, 2024 @12:30PM (#39853829)
From what I read on Wikipedia, Madoff didn't make a single investment with the money given to his wealth management program. He deposited it all into a bank account and paid people out of the same bank account. This is notably different from SBF's case.
Re:Sam Bankman-Fried sentenced to 25 years in prison by yau8edq12i on Thursday March 28, 2024 @12:35PM (#39853944)
So what are you saying? That prison isn't a deterrent for financial crimes?
Re:Sam Bankman-Fried sentenced to 25 years in prison by nkozyra on Thursday March 28, 2024 @12:46PM (#39854114)
I absolutely did not say that.

Rather, I'm suggesting that in the eye of the beholder, a very clear case of fraud might be self-perceived as a bump on the road to lawful, legitimate financial dealings.

So the question is if SBF didn't see himself as committing the same crimes as Madoff (even if he was), would Madoff's sentencing and fate even register as a potential deterrent?

Re:Sam Bankman-Fried sentenced to 25 years in prison by TheOtherHobbes on Thursday March 28, 2024 @01:01PM (#39854370)
We don't know to what extent prison is a deterrent. It's classic survivor bias - we only get to see the cases where the deterrent failed, not where it succeeded.
Re:Sam Bankman-Fried sentenced to 25 years in prison by shiftpgdn on Thursday March 28, 2024 @11:59AM (#39853149)
I think ruining thousands of lives through fraud without remorse constitutes a threat to society. He should never see the light of day again.
Re:Sam Bankman-Fried sentenced to 25 years in prison by zone411 on Thursday March 28, 2024 @12:17PM (#39853539)
All creditors are expected to be repaid in full, though based on Nov 2022 crypto prices.
Re:Sam Bankman-Fried sentenced to 25 years in prison by jnwatson on Thursday March 28, 2024 @12:23PM (#39853676)
The judge provided a good counterargument: if a thief burgles a bank, goes to Vegas and doubles his money and gives the original amount back to the bank, does that deserve punishment?
Re:Sam Bankman-Fried sentenced to 25 years in prison by HWR_14 on Thursday March 28, 2024 @12:41PM (#39854025)
So he stole stuff in 2022 at a low point, and now his victims are going to be paid 30% the cost of what it would take to rebuy it? That's "repaid in full" in your mind? Losing 70% of their BTC?
Re:Sam Bankman-Fried sentenced to 25 years in prison by browningstreet on Thursday March 28, 2024 @12:19PM (#39853580)
This keeps getting repeated... does anyone beside the defense attorney support this statement?

The victim impact testimony of ruined lives doesn't align with it.

Re:Sam Bankman-Fried sentenced to 25 years in prison by scrlk on Thursday March 28, 2024 @12:23PM (#39853667)
FTX claims are being sold for 96 cents on the dollar, so there's high expectation that creditors will be paid in full.
Re:Sam Bankman-Fried sentenced to 25 years in prison by denimnerd42 on Thursday March 28, 2024 @12:22PM (#39853661)
There's the loss of liquidity for years and loss of opportunity cost. It's not victimless by far.
Re:Sam Bankman-Fried sentenced to 25 years in prison by solumunus on Thursday March 28, 2024 @12:26PM (#39853733)
You're not repaid in full unless all your assets are returned, which would be of significantly higher value now than when they were stolen.
Re:Sam Bankman-Fried sentenced to 25 years in prison by rootusrootus on Thursday March 28, 2024 @12:52PM (#39854221)
Exactly this. If you gave FTX bitcoin, the only way to be repaid is in bitcoin. You did not give them dollars.
Re:Sam Bankman-Fried sentenced to 25 years in prison by floor2 on Thursday March 28, 2024 @12:08PM (#39853351)
What lives did he ruin?

The USA has an incredibly robust, tightly monitored and regulated financial market. The SEC, FDIC and associated regulators and auditors carefully control bank reserves, prosecute insider trading, prevent and insure against fraud.

Some people decided to opt-out of that system and send their money to an unregulated entity in the Bahamas to buy imaginary money without government oversight.

Honestly the government shouldn't have intervened here at all. The people who lost money should have been laughed at and told that's why you put your money in the regulated market. If you intentionally try to avoid taxes, anti-money laundering regulations, audits and securities law by buying crypto overseas, then taxpayer resources don't go bail you out.

Re:Sam Bankman-Fried sentenced to 25 years in prison by brvsft on Thursday March 28, 2024 @12:21PM (#39853623)
I agree. However, I think there's something to be said about how people don't understand what kind of protections are afforded to them by regulation.

A lot of these people were likely acting in some level of good faith, assuming that a company so big it could afford a Super Bowl commercial starring Larry David would never scam them. I know, it's stupid, but people don't understand where the guardrails are, what FDIC insurance really is, what sort of insurance exists on retail brokerage accounts, etc. And they didn't just lose money off of crypto losing value, they lost beyond that amount off of this business co-mingling funds when they were not supposed to.

But I do not feel that badly for anyone whose life was 'ruined' over this for one big reason: they were trying to get rich quick. That's the fact that underpins so much investment in crypto. BTC to the moon! SHTC to the moon! ETCC to the moon! These people were hoping for their 'investments' (speculative gamblings) to explode in value. And they weren't planning on sharing any of it with you or me, not beyond what they're legally required to through taxes (and sometimes, not even that, like you say as well).

Re:Sam Bankman-Fried sentenced to 25 years in prison by dvsfish on Thursday March 28, 2024 @12:20PM (#39853599)
I'm not sure I fully agree that we should just sit by and let them be robbed, but the point you make about the government doing nothing is an interesting one as it would be great marketing against a disruptive currency.
Re:Sam Bankman-Fried sentenced to 25 years in prison by shiftpgdn on Thursday March 28, 2024 @12:12PM (#39853443)
If you ask to borrow $500 and I give it to you, and you run off with the money with no intent to ever pay me back, did you commit fraud? Or was I just a rube who should have known better?

You seem to wish to live in a zero trust world model where everyone is out to scam everyone at all times and "caveat emptor" if you do get scammed. We should do our best as a society to not turn into that.

Re:Sam Bankman-Fried sentenced to 25 years in prison by schiem on Thursday March 28, 2024 @12:20PM (#39853603)
I'm reading their comment as the opposite - there are mechanisms for a high trust society in place (which is good), but if you go out of your way to opt out of it then you're on your own.
Re:Sam Bankman-Fried sentenced to 25 years in prison by mrguyorama on Thursday March 28, 2024 @01:28PM (#39854777)
The difference is there is no such thing as "unregulated" in the concept of fraud. Doing fraud is illegal. Even if FTX had done all the paperwork to be compliant, it would still be illegal fraud.

Same as there's no place where murder is allowed. You can't "opt out" of parts of society. It's not even "take it or leave it", society is "take it or get out of our reach"

Re:Sam Bankman-Fried sentenced to 25 years in prison by robin_reala on Thursday March 28, 2024 @12:18PM (#39853559)
Caveat emptor. Emptor is “buyer”, caveat “beware”.
Re:Sam Bankman-Fried sentenced to 25 years in prison by bee_rider on Thursday March 28, 2024 @12:26PM (#39853740)
Caveat emperor: I’m not worried about being defrauded because my legions will beat up anybody who does so.
Re:Sam Bankman-Fried sentenced to 25 years in prison by shiftpgdn on Thursday March 28, 2024 @12:38PM (#39853978)
Thanks, I got caught by auto-correct. :)
Re:Sam Bankman-Fried sentenced to 25 years in prison by swyx on Thursday March 28, 2024 @12:03PM (#39853240)
not to be too unsympathetic but if those people he defrauded (which yes is a very bad thing) were all crypto degens gambling on things they knew they shouldnt be gambling on, does that change the calculus at all
Re:Sam Bankman-Fried sentenced to 25 years in prison by COGlory on Thursday March 28, 2024 @12:06PM (#39853306)
No
Re:Sam Bankman-Fried sentenced to 25 years in prison by koolba on Thursday March 28, 2024 @12:00PM (#39853179)
There had to be some scale or additive nature though.

If an otherwise peaceful person is committing fraud on a scale 1000 times larger than the next guy, wouldn’t it at least scale up logarithmically?

Re:Sam Bankman-Fried sentenced to 25 years in prison by skulk on Thursday March 28, 2024 @12:33PM (#39853896)
Actually, financial fraud sentencing guidelines add an extra number of years to the sentence that grows by the log of the money stolen: https://www.ussc.gov/sites/default/files/pdf/guidelines-manu...
Re:Sam Bankman-Fried sentenced to 25 years in prison by koolba on Thursday March 28, 2024 @01:10PM (#39854490)
Wow that’s really fascinating!
Re:Sam Bankman-Fried sentenced to 25 years in prison by arrowsmith on Thursday March 28, 2024 @11:59AM (#39853164)
> there isn't much social benefit to keeping folks locked up

Deterrent

Re:Sam Bankman-Fried sentenced to 25 years in prison by rileymat2 on Thursday March 28, 2024 @12:04PM (#39853276)
https://www.ojp.gov/pdffiles1/nij/247350.pdf

Prisons are good for punishing criminals and keeping them off the street, but prison sentences (particularly long sentences) are unlikely to deter future crime. Prisons actually may have the opposite effect: Inmates learn more effective crime strategies from each other, and time spent in prison may desensitize many to the threat of future imprisonment. See “Understanding the Relationship Between Sentencing and Deterrence” for additional discussion on prison as an ineffective deterrent.

———

5. There is no proof that the death penalty deters criminals. According to the National Academy of Sciences, “Research on the deterrent effect of capital punishment is uninformative about whether capital punishment increases, decreases, or has no effect on homicide rates.”

Re:Sam Bankman-Fried sentenced to 25 years in prison by MadnessASAP on Thursday March 28, 2024 @12:13PM (#39853455)
That is certainly correct for "street crime" where premeditation and risk reward analysis aren't a part of the equation.

I have some pretty serious doubts about it when it comes to large financial crimes where both those things are absolutely part of the process. A death sentence probably isn't going to stop someone from killing another person, they're already off the deep end of irrationality. However 25 years of prison is probably going to be a significant deterrent to someone choosing to commit billions worth of fraud, maybe the profit margin isn't that important.

Re:Sam Bankman-Fried sentenced to 25 years in prison by commakozzi on Thursday March 28, 2024 @12:23PM (#39853685)
We ALL know/knew who Bernie Madoff was and what happened to him. Are you sure your logic is sound here?
Re:Sam Bankman-Fried sentenced to 25 years in prison by riversflow on Thursday March 28, 2024 @12:40PM (#39854018)
Yeah, I really think comparing common street crime with high financial crime is Apples and Oranges. Common criminals don’t have much to lose, yes going to prison sucks, but it means less when you live in low income housing with other people, can’t afford basic shit and/or are in significant mental distress. On the other hand Financial criminals usually have a LOT to lose, and to get into the position to commit those crimes they likely have a degree of rationality that’s less guaranteed than in street crime.

Frankly, I think we need a lot more of this kind of punishment to get more trust back into our high-trust society. More rich people need to go to prison for crimes against society, because honestly it feels more like Madoff and SBF were one offs rather than business as usual.

Re:Sam Bankman-Fried sentenced to 25 years in prison by gizajob on Thursday March 28, 2024 @12:13PM (#39853460)
Yes but at the same time, anyone attempting to set up legitimate crypto exchanges and engage in the kinds of shenanigans SBF indulged in will know to check with their lawyers before moving now, because they'll have to think "Will doing this (possibly fraudulent activity) land me in jail for 25 years like SBF?" - that's a decent deterrent.
Re:Sam Bankman-Fried sentenced to 25 years in prison by rileymat2 on Thursday March 28, 2024 @12:31PM (#39853835)
I don’t know if I disagree, because I have not thought seriously about the risk/reward.

My point along with the grand parent is that at a certain point it is more costly than it is worth in deterrence. And the data backs that up, generally.

But what that point is, I have no idea.

Re:Sam Bankman-Fried sentenced to 25 years in prison by ReptileMan on Thursday March 28, 2024 @12:45PM (#39854097)
>5. There is no proof that the death penalty deters criminals. According to the National Academy of Sciences, “Research on the deterrent effect of capital punishment is uninformative about whether capital punishment increases, decreases, or has no effect on homicide rates.”

Capital punishment is cheap though. And more humane than life sentence. Actually I think that we should return some form of corporal punishment and shorten prison sentences for non violent crimes. Subject SBF to Singapore style caning every month and 2-3 years in prison, forbid him to ever work with other people's money and be done with him.

Re:Sam Bankman-Fried sentenced to 25 years in prison by rileymat2 on Thursday March 28, 2024 @02:19PM (#39855458)
> Capital punishment is cheap though.

Getting capital punishment right is certainly not cheap, if you are worried about the finality of it.

Re:Sam Bankman-Fried sentenced to 25 years in prison by hmate9 on Thursday March 28, 2024 @12:47PM (#39854131)
It obviously deters crime. Look at it this way. If maximum prison sentence was 5 minutes, would you see more or less crime happening?
Re:Sam Bankman-Fried sentenced to 25 years in prison by kemayo on Thursday March 28, 2024 @12:04PM (#39853259)
In terms of "ruins your life", anything past a few years does that.

Speaking purely for myself, I don't feel much difference in the deterrent effect from the punishment being 5 years or 25 years. Either one would utterly wreck everything about my life, and although the latter is worse it's not enough so to change my decisions.

Re:Sam Bankman-Fried sentenced to 25 years in prison by rwmj on Thursday March 28, 2024 @12:15PM (#39853491)
If he gets out in 5 years he'll be doing the same thing. He showed no remorse or understanding that he did anything wrong. A 25 year sentence means we've got 20 more years of public safety.
Re:Sam Bankman-Fried sentenced to 25 years in prison by yokem55 on Thursday March 28, 2024 @12:01PM (#39853195)
If 20+ years isn't enough of a deterrent, I seriously doubt even more would be.
Re:Sam Bankman-Fried sentenced to 25 years in prison by arrowsmith on Thursday March 28, 2024 @12:04PM (#39853265)
I didn't say he should get more. I think 25 years is totally reasonable.
Re:Sam Bankman-Fried sentenced to 25 years in prison by xvector on Thursday March 28, 2024 @12:12PM (#39853447)
I can't think of any cases where someone would be deterred by 25 years in prison, but not, say, 8 years in prison.
Re:Sam Bankman-Fried sentenced to 25 years in prison by digital_sawzall on Thursday March 28, 2024 @12:31PM (#39853847)
I would easily go to jail for 8 years for $50+ million. 25 years would not be worth it to me for any amount.

I am from El Paso, which is on the border with Mexico and grew up with many kids whose parents were smugglers and cartel affiliated.

I know several parents who went to jail for ~10 years while were were in elementary school, the kids never wanted for anything, and then when the parents got out and started capital intensive business.

One parent did 12 years and got out to start a a series of high end mexican restaurants, one started a steakhouse, one bought a small hotel, one started a commercial construction company.

It's all part of the game, just how startup founders grind for years for the money.

Re:Sam Bankman-Fried sentenced to 25 years in prison by yau8edq12i on Thursday March 28, 2024 @12:39PM (#39853997)
Honestly? I sincerely doubt you, or anyone would actually, really, for realsies, go to prison for eight years for $50M. Anyone would beg to be released after a few weeks.
Re:Sam Bankman-Fried sentenced to 25 years in prison by digital_sawzall on Thursday March 28, 2024 @01:03PM (#39854405)
That is a complete middle class mindset. Jail is cool in the hood. I've done a few months for stupid stuff when I was young and it's not that bad.

People risk 10 years for robbing bands for a couple thousand. A guaranteed $10 million would have lines around the block for volunteers in the neighborhood I grew up in.

Re:Sam Bankman-Fried sentenced to 25 years in prison by yau8edq12i on Friday March 29, 2024 @04:04AM (#39861651)
There's a difference between risking ten years and knowing for sure that you'll spend the ten years.
Re:Sam Bankman-Fried sentenced to 25 years in prison by robswc on Thursday March 28, 2024 @12:44PM (#39854076)
I too think that people underestimate how much prison would absolutely suck. Especially if you lead a life that is otherwise crime-free.
Re:Sam Bankman-Fried sentenced to 25 years in prison by FabHK on Thursday March 28, 2024 @01:30PM (#39854800)
You have little imagination. I was going to expand, but sibling comment expressed it well already.
Re:Sam Bankman-Fried sentenced to 25 years in prison by ViewTrick1002 on Thursday March 28, 2024 @12:01PM (#39853198)
Has never been shown to work when studying the impact of "harsh punishments".
Re:Sam Bankman-Fried sentenced to 25 years in prison by tithe on Thursday March 28, 2024 @12:03PM (#39853247)
In this case, could he be considered a violent economic threat to society? His defense did try to argue that he was not a "ruthless financial serial killer".
Re:Sam Bankman-Fried sentenced to 25 years in prison by PurpleRamen on Thursday March 28, 2024 @12:11PM (#39853420)
Is a silent threat so much better? I mean, how high is the chance for him to repeat the same shit again after some years?
Re:Sam Bankman-Fried sentenced to 25 years in prison by hiddencost on Thursday March 28, 2024 @12:27PM (#39853759)
Every $10 million in financial crime should be punished as severely as murder. It is equivalent in terms of the harms caused.
Re:Sam Bankman-Fried sentenced to 25 years in prison by pie420 on Thursday March 28, 2024 @12:15PM (#39853490)
The main purpose of imprisoning white-collar crime is to act as a deterrent. If the upside for a financial crime is billions of dollars, and the potential risk is 25 years in prison, lots of people will be willing to take that risk, especially if 25 years actually means 17ish with good behavior.

If the punishment is life in prison with no chance of parole, it'll act as more of a deterrent.

Punishment lengths don't act as a deterrent to petty and violent crime, because the people commiting those crimes are not intelligent or are crimes of passion. Systematic fraud like this is slow, calculated and methodical.

Re:Sam Bankman-Fried sentenced to 25 years in prison by renegade-otter on Thursday March 28, 2024 @12:19PM (#39853574)
"But financial cons are VICTIMLESS CRIMES! Give the guy a slap on the wrist and let him clean someone else's life's savings again! They may or may not kill themselves. VICTIMLESS!"
Re:Sam Bankman-Fried sentenced to 25 years in prison by AtlasBarfed on Thursday March 28, 2024 @12:42PM (#39854045)
It is ridiculous that finance owns such an outsized position in our economy, with the wizards of finance hailed for their key role in the efficient performance of the economy rewarded to the tune of megabillionaires...

and people will say with a straight face that defrauding large numbers of people of their money might not have numerous health / fatal consequences: anxiety, stress, divorce, loss of benefits, working longer past retirement.

It's like saying Mafia bosses or Hitler or Stalin weren't violent and dangerous because they ordered the deaths of millions with a stroke of a pen.

Re:Sam Bankman-Fried sentenced to 25 years in prison by vitiral on Thursday March 28, 2024 @12:05PM (#39853287)
Lying is a form of violence and so is stealing. Not physical violence mind you, but violence nonetheless.
Re:Sam Bankman-Fried sentenced to 25 years in prison by _flux on Thursday March 28, 2024 @12:31PM (#39853833)
Extending words in one's public vocabulary to include things one doesn't like is a form of misleading, and thus lying, and thus violence.
Re:Sam Bankman-Fried sentenced to 25 years in prison by vitiral on Thursday March 28, 2024 @02:02PM (#39855219)
Most deep discussions require some amount of discussing your terms. A surprising amount of insight can be gathered by playing with and altering previous assumptions of a word's meaning.

For instance, by seeing violence as a spectrum you can see that while lying to the Nazi about the Jewish person in your attic is "committing violence" against said Nazi, you can also recognize that the lie is quite obviously justified violence -- and there is a spectrum of justified violence in that case.

When you lie to someone you damage their ability to see reality as it is, especially the reality of yourself (your thoughts, motivations, etc). Its not as severe as a punch to the face (in most cases at least) but it still causes harm.

Re:Sam Bankman-Fried sentenced to 25 years in prison by bryanrasmussen on Thursday March 28, 2024 @12:12PM (#39853432)
counterpoint - no it's not.

At least if you are making statements going against the general understanding of the society you're in then make a reference to the ideas or theories that prompt you to make these statements.

Note: many forms of theft obviously involve violence.

Re:Sam Bankman-Fried sentenced to 25 years in prison by stonogo on Thursday March 28, 2024 @12:09PM (#39853371)
"Violence" is physical. Without a physical component, there is no violence. It's the entire point of the word.
Re:Sam Bankman-Fried sentenced to 25 years in prison by PurpleRamen on Thursday March 28, 2024 @12:14PM (#39853481)
Not all definitions of violence are limited to physical force. Some are, including any form of power which allows abuse.
Re:Sam Bankman-Fried sentenced to 25 years in prison by stonogo on Thursday March 28, 2024 @12:44PM (#39854082)
All definitions of violence which extend past physical force are incorrect.
Re:Sam Bankman-Fried sentenced to 25 years in prison by PurpleRamen on Thursday March 28, 2024 @01:28PM (#39854771)
And you are the one deciding for everyone?
Re:Sam Bankman-Fried sentenced to 25 years in prison by vitiral on Thursday March 28, 2024 @12:13PM (#39853468)
So screaming at someone is not violence?

Definitions vary depending on context. I think of violence as a spectrum. Talking peacefully and negotiating is extremely low violence. Threats etc are more. All our war and atomics are about the limit.

https://en.wikipedia.org/wiki/Violence?wprov=sfla1

> Some definitions are somewhat broader, such as the World Health Organization's definition of violence as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation."

Violence IMO is anything which causes harm or can be used to force a condition.

Re:Sam Bankman-Fried sentenced to 25 years in prison by stonogo on Thursday March 28, 2024 @12:44PM (#39854073)
No, screaming at someone is not violence. The WHO definition you cite also restricts its definition to physical force. If screaming were violence, we'd have prisons full of sports fans after every football game.

"Harming someone" is anything which causes harm. We have different words to describe different things. In this way, we can tell them apart when communicating with each other.

Re:Sam Bankman-Fried sentenced to 25 years in prison by vitiral on Thursday March 28, 2024 @12:51PM (#39854190)
Not all violence is wrong or illegal, and not all screaming is violence.

Words are defined by people. By seeing violence as a spectrum you can see the spectrum of possible responses to violence. We can then distinguish the different forms of violence with other words, like "physical"

Re:Sam Bankman-Fried sentenced to 25 years in prison by floor2 on Thursday March 28, 2024 @12:40PM (#39854019)
I was psychologically harmed reading this comment. Please do not post on HN again. To continue to do so is to do violence against me.
Re:Sam Bankman-Fried sentenced to 25 years in prison by vitiral on Thursday March 28, 2024 @02:03PM (#39855232)
Glad we can find agreement, but sorry this is justified violence :D
Re:Sam Bankman-Fried sentenced to 25 years in prison by Vicinity9635 on Thursday March 28, 2024 @02:11PM (#39855354)
Not all threats are violent.
Re:Sam Bankman-Fried sentenced to 25 years in prison by coldpie on Thursday March 28, 2024 @12:01PM (#39853211)
I don't know. The appropriateness of the sentence is not something I feel super strongly about one way or the other, but 25 years is objectively a very long time. Think about what a typical person does in their first 25 years. That's long enough for a person to be born, go through early childhood, go through all of their basic schooling, attend college, get a job and work for 5 years, and have a kid of their own. Or, think about a 25 year old person, and put them next to a 50 year old person. Or a 50 year old person next to a 75 year old person. It's just a very long amount of time, no matter how you slice it.
Re:Sam Bankman-Fried sentenced to 25 years in prison by mikeryan on Thursday March 28, 2024 @12:15PM (#39853495)
Best teacher I had in high school taught economics. First day of class his lesson was "If you're going to become a criminal follow these 10 rules".

I can't remember all the rules but the two I do: 1. Don't do anything for less than $1M. Risk isn't worth the reward. 2. Don't use a weapon. It adds years to your sentence.

It was mostly about how white-collar crime has a much safer risk/reward ratio.

Re:Sam Bankman-Fried sentenced to 25 years in prison by colechristensen on Thursday March 28, 2024 @12:45PM (#39854092)
How you commit crime is make it complicated enough that a prosecutor will think twice about their ability to teach a jury about how what you did worked and that any of the steps were even wrong in the first place. This is why so much financial crime goes unpunished.
Re:Sam Bankman-Fried sentenced to 25 years in prison by chongli on Thursday March 28, 2024 @12:00PM (#39853169)
Low? That's high! He didn't kill anyone. A sentence of 25 years completely destroys his life. He's been made an example of.
Re:Sam Bankman-Fried sentenced to 25 years in prison by davidwritesbugs on Thursday March 28, 2024 @12:04PM (#39853256)
Yes. He's been made an example of. That's kind of the point: "Tempted to commit fraud on a huge scale and wreck thousands of lives? Consider what we did to this guy."
Re:Sam Bankman-Fried sentenced to 25 years in prison by antonchekhov on Thursday March 28, 2024 @01:10PM (#39854494)
On a much more severe scale, this is clearly the message that the Kremlin lavishly displayed of the initial treatment of the suspects involved in the Moscow Crocus Hall shootings/bombing - the results of severe torture send an unmistakable message of "Do not be tempted to try this (terrorism/attempted revolution" to the citizenry, with the implicit message that their very-short remaining lifespan will be very painful.
Re:Sam Bankman-Fried sentenced to 25 years in prison by chongli on Thursday March 28, 2024 @02:38PM (#39855702)
"Do not be tempted to try this (terrorism/attempted revolution" to the citizenry

And the citizenry are the only ones left who can be deterred by this message. Islamic State will switch to using suicide bombers who have no fear of torture.

My personal theory is that Prigozhin's aborted mutiny last year and Ukraine's sustained drone campaign against Russian oil infrastructure paved the way to the Crocus Hall attack. Now the doors have been opened and Russia's internal security has been revealed for the paper tiger that it is. Every single paramilitary group with a bone to pick with Russia has now been forcefully made aware of Putin's weakness and now they'll be lining up to copy these attacks. All the while, he continues to try to blame Ukraine for this despite all evidence to the contrary. Scary times to be living in Russia right now!

Re:Sam Bankman-Fried sentenced to 25 years in prison by n2d4 on Thursday March 28, 2024 @12:02PM (#39853226)
Maybe he didn't kill anyone directly, but I can assure you that plenty of people committed suicide solely as a consequence of his actions
Re:Sam Bankman-Fried sentenced to 25 years in prison by thefaux on Thursday March 28, 2024 @12:20PM (#39853602)
For me, SBF's fraud is a comorbidity but not likely the underlying cause of the suicides. By similar logic, should we imprison all tobacco executives?

Personally, I'm glad SBF is being held accountable but this sentence seems very harsh, especially given that I expect all of his coconspirators will mostly be let off the hook.

Re:Sam Bankman-Fried sentenced to 25 years in prison by q3k on Thursday March 28, 2024 @12:22PM (#39853645)
> By similar logic, should we imprison all tobacco executives?

If it was for me to decide - yes, absolutely.

Re:Sam Bankman-Fried sentenced to 25 years in prison by n2d4 on Thursday March 28, 2024 @12:27PM (#39853752)
> By similar logic, should we imprison all tobacco executives?

If they committed crimes to sell tobacco (which, to my knowledge, is true for at least some of them), absolutely, yes.

Re:Sam Bankman-Fried sentenced to 25 years in prison by kosievdmerwe on Thursday March 28, 2024 @12:04PM (#39853269)
One of the victims at the sentencing mentioned that there were at least 3 suicides.
Re:Sam Bankman-Fried sentenced to 25 years in prison by floor2 on Thursday March 28, 2024 @12:11PM (#39853416)
Maybe don't send your money to an unregulated startup in the Bahamas to gamble on cryptocurrencies if losing that money is going to cause you to commit suicide?

The "victims" knew they were intentionally avoiding government oversight of securities law, banking regulators, etc. When they lost money we should have collectively shrugged our shoulders and said that's the risk they chose to take.

Re:Sam Bankman-Fried sentenced to 25 years in prison by pcthrowaway on Thursday March 28, 2024 @12:24PM (#39853694)
It sounds callous, but if accept the suggestion that he's responsible for their deaths, how can we then excuse people working in the casinos or other gambling ventures that surely lead to the deaths of many.

Or would folks here suggest the numerous HN contributors who have worked in gambling tech are deserving of life in prison as well?

Re:Sam Bankman-Fried sentenced to 25 years in prison by Kwpolska on Thursday March 28, 2024 @12:45PM (#39854096)
Prosecuting individual contributors to gambling is too far, but prosecuting C-level execs of gambling companies is correct to me.
Re:Sam Bankman-Fried sentenced to 25 years in prison by n2d4 on Thursday March 28, 2024 @06:14PM (#39857996)
Gambling, like finance, has rules. If I start a casino, and tell everyone that the roulette is fair, and then go ahead and rig it so no one ever wins, then yea, I should be sent straight to prison.

If SBF told everyone loud and clear "hey guys you can give me money and I will use it to gamble on my favorite crypto tokens and play board games with Caroline" then I don't think he would deserve a prison sentence (but he also wouldn't get any customers). It's the deception that makes it a crime.

Re:Sam Bankman-Fried sentenced to 25 years in prison by Larrikin on Thursday March 28, 2024 @12:23PM (#39853666)
Maybe that girl shouldn't have worn that skirt, maybe that black guy shouldn't have been in that town after sunset, maybe that guy shouldn't have had a boyfriend.

There was a trial and now a sentencing, your argument according to law is wrong.

Re:Sam Bankman-Fried sentenced to 25 years in prison by baggy_trough on Thursday March 28, 2024 @12:22PM (#39853651)
Also, don't run such a startup if you want to avoid 25 years in prison.
Re:Sam Bankman-Fried sentenced to 25 years in prison by infamouscow on Thursday March 28, 2024 @12:21PM (#39853631)
Is there any limiting principle to your remarkably stupid* rationale where everyone assumes all risk of their decisions implicitly and explicitly?

*: yes stupid, not an ad hominem https://www.youtube.com/watch?v=ww47bR86wSc

Re:Sam Bankman-Fried sentenced to 25 years in prison by Arthur_ODC on Thursday March 28, 2024 @01:35PM (#39854877)
This is the most reasonable take I've seen about this.
Re:Sam Bankman-Fried sentenced to 25 years in prison by infamouscow on Thursday March 28, 2024 @08:51PM (#39859345)
Blaming the victim is a reasonable take? That's genuinely insane.

I would enumerate a number of immediate logical consequences of this idiocy, but that would be illegal (a shame, really).

Re:Sam Bankman-Fried sentenced to 25 years in prison by malermeister on Thursday March 28, 2024 @12:01PM (#39853200)
He's completely destroyed thousands of lives through his actions.
Re:Sam Bankman-Fried sentenced to 25 years in prison by crispyambulance on Thursday March 28, 2024 @12:09PM (#39853366)

  > A sentence of 25 years completely destroys his life.
No, it does not "destroy his life". He will be in his early/mid-50's when gets out. Someone with his privilege, education and resources should have known better. It's hard to feel sympathy. I expect that sufficient punishment in cases like this will serve as a deterrent for others like SBF who would do the same.

Hopefully he is ALSO restricted, for life, from ever working in finance again.

Re:Sam Bankman-Fried sentenced to 25 years in prison by hereonout2 on Thursday March 28, 2024 @12:38PM (#39853976)
I didn't read any sympathy in that comment, they just seem to be pointing out that 25 years is not a "low" sentence.

I would also agree that spending a 3rd of your life in prison is in effect destroying it.

Re:Sam Bankman-Fried sentenced to 25 years in prison by tyingq on Thursday March 28, 2024 @12:16PM (#39853514)
>Hopefully he is ALSO restricted, for life, from ever working in finance again.

A felony conviction is pretty effective for heavily restricting any type of employment. The universal and cheap access to background checks means work is either places that deliberately have "hire a felon" programs or some type of self-employment, or connections with people very high up in a company. Though all those angles are also complicated if any sort of state licensing is involved.

Re:Sam Bankman-Fried sentenced to 25 years in prison by mrguyorama on Thursday March 28, 2024 @01:35PM (#39854871)
That doesn't actually seem to be the case for white collar criminals though. That guy from Wolf of Wall street is conning people to this very day, including being a hype guy for crypto scams!
Re:Sam Bankman-Fried sentenced to 25 years in prison by tyingq on Thursday March 28, 2024 @03:57PM (#39856584)
I don't know for sure, but "hype guy" probably means self-employed and companies pay his company for that sort of thing. That is available for blue-collar felons also.
Re:Sam Bankman-Fried sentenced to 25 years in prison by gorbachev on Thursday March 28, 2024 @01:50PM (#39855049)
Is it everywhere though?

He's already proven he's perfectly fine running his empires from countries with a more relaxed attitude to financial regulations.

Re:Sam Bankman-Fried sentenced to 25 years in prison by commakozzi on Thursday March 28, 2024 @01:26PM (#39854738)
It'll serve as a deterrent in the same way that Bernie Madoff's case did?
Re:Sam Bankman-Fried sentenced to 25 years in prison by crispyambulance on Thursday March 28, 2024 @03:52PM (#39856531)
Maybe it speaks as a deterrent to some people and not others. That's OK.
Re:Sam Bankman-Fried sentenced to 25 years in prison by fckgw on Thursday March 28, 2024 @12:48PM (#39854143)
Go read the victim impact statements sometime. He destroyed lots of people's lives.
Re:Sam Bankman-Fried sentenced to 25 years in prison by mnau on Thursday March 28, 2024 @01:03PM (#39854399)
As far as I am concerned, when you steal from me, you robbed me of piece of my life. The time I spend earning that money, instead of being with friends or just pursuing a hobby or just wasting it on HN.

How many lifetimes worth of time were destroyed by his fraud.

It's definitely not high punishment.

Re:Sam Bankman-Fried sentenced to 25 years in prison by anon291 on Thursday March 28, 2024 @02:08PM (#39855309)
I mean... At the end of the day everyone 'invested' their money here. The risks of high interest Bitcoin accounts were well known and elucidated by all reputable sources. If you lost money in this, I'm truly sorry, but realistically what did you expect. It wasn't even a bank (and remember if your bank loses money, no one's going to jail as long as they followed regulations).
Re:Sam Bankman-Fried sentenced to 25 years in prison by mnau on Thursday March 28, 2024 @06:25PM (#39858131)
I haven't lost any money, I avoid crypto.

The difference is consent and malicious behavior.

When I invest into stock market, it can always go down.

When you move your customers money to save your other failing company, it's fraud. There is no consent and there is malicious behavior.

Crypto repeats all failings of old-fashioned banking system we have learned over 2 centuries, except it's "with blockchain" now.

Re:Sam Bankman-Fried sentenced to 25 years in prison by j-krieger on Thursday March 28, 2024 @02:38PM (#39855706)
Retribution is a part of the justice system
Re:Sam Bankman-Fried sentenced to 25 years in prison by klodolph on Thursday March 28, 2024 @12:00PM (#39853181)
25 years is a damn long time. I don’t know how that can “seem low”.
Re:Sam Bankman-Fried sentenced to 25 years in prison by themaninthedark on Thursday March 28, 2024 @12:25PM (#39853718)
I think it seems low because of the magnitude of the crime. Also because we punish more violent crimes with very harsh sentences including charging non-violent perpetrators with violent crimes(Felony Murder).

Add in the desire to be seen as doing something with sentencing inflation and your get multiple hundred year sentences.

At first I felt that 25 years was short but thinking about it, he will be ~60 when he gets out... so maybe not too short.

Re:Sam Bankman-Fried sentenced to 25 years in prison by tempsy on Thursday March 28, 2024 @12:33PM (#39853900)
if he does 85% and after accounting for the year and a half he’s already been in prison he’ll probably get out by 50
Re:Sam Bankman-Fried sentenced to 25 years in prison by SoftTalker on Thursday March 28, 2024 @12:23PM (#39853669)
Part of it is that he took it to trial. He likely could have negotiated a deal for single-digit years if he had admitted guilt and cooperated.
Re:Sam Bankman-Fried sentenced to 25 years in prison by axus on Thursday March 28, 2024 @12:36PM (#39853948)
I don't think we should pressure people into admitting guilt, but cooperating could be important. What more should he have done to help the people affected by his fraud?
Re:Sam Bankman-Fried sentenced to 25 years in prison by SoftTalker on Thursday March 28, 2024 @03:47PM (#39856476)
I agree we should not pressure it but if you are guilty and caught with your hand in the cookie jar, it could be your best option. A good attorney will advise you if your best course is to minimize the damage by accepting a plea deal.
Re:Sam Bankman-Fried sentenced to 25 years in prison by objektif on Thursday March 28, 2024 @12:04PM (#39853283)
How much Bernie madoff got?
Re:Sam Bankman-Fried sentenced to 25 years in prison by kosievdmerwe on Thursday March 28, 2024 @12:15PM (#39853489)
Madoff spent ~12 years in prison before he died at 82.

They gave him a 150 year sentence for a crime on par-ish with SBF's crimes, because at 70 there is little difference between 20 years and 100 years, so you may as well go for the shock value.

Re:Sam Bankman-Fried sentenced to 25 years in prison by zarzavat on Thursday March 28, 2024 @12:13PM (#39853449)
He was already old so he was going to die in prison whatever happened.
Re:Sam Bankman-Fried sentenced to 25 years in prison by arrowsmith on Thursday March 28, 2024 @12:12PM (#39853444)
150 years - of which he served 12 years before dying in prison.
Re:Sam Bankman-Fried sentenced to 25 years in prison by wut42 on Thursday March 28, 2024 @12:12PM (#39853430)
150 years.
Re:Sam Bankman-Fried sentenced to 25 years in prison by aeyes on Thursday March 28, 2024 @12:11PM (#39853411)
150 years
Re:Sam Bankman-Fried sentenced to 25 years in prison by AlchemistCamp on Thursday March 28, 2024 @12:23PM (#39853678)
He was playing fast and loose with clients' money (and ultimately made profitable investments). Elizabeth Holmes played fast and loose with medical testing and people's very lives. She got less than half this sentence.
Re:Sam Bankman-Fried sentenced to 25 years in prison by whywhywhywhy on Thursday March 28, 2024 @12:10PM (#39853400)
Shocked he’s going at all, was starting to feel like he’d get away with a slap on the wrist considering his contacts.
Re:Sam Bankman-Fried sentenced to 25 years in prison by santoshalper on Thursday March 28, 2024 @12:29PM (#39853801)
SBF is 32 years old. If (and it's a big if) he serves the entire 25 years, he will be 57 when he is free again. They are taking the best years of his life, and one day when he dies, having been imprisoned will be the defining event of his life - not being rich or being a CEO.

He may never marry, never have children, and will experience a very different (and far worse) life than most of the population. I have very little sympathy for the man, and I know draconian punishment is fashionable and cathartic, but I personally think this is a very suitable punishment for the very severe crime he committed.

Re:Sam Bankman-Fried sentenced to 25 years in prison by gosub100 on Thursday March 28, 2024 @12:26PM (#39853742)
I think intent matters. I don't like what he did but I am convinced he didn't think he was doing something deceitful. Whereas Madoff had a guilty conscience and precisely crafted something intended to deceive.
Re:Sam Bankman-Fried sentenced to 25 years in prison by hluska on Thursday March 28, 2024 @11:56AM (#39853093)
It puts him in between Madoff and Holmes.
Re:Sam Bankman-Fried sentenced to 25 years in prison by misiti3780 on Thursday March 28, 2024 @11:56AM (#39853101)
25 years is a long time. Not saying he doesn't deserve more but his parents will probably be dead by the time he gets out, and he wont have a family.

Also, he was addicted to the internet (supposedly), he wont have access to that either.

Re:Sam Bankman-Fried sentenced to 25 years in prison by gizajob on Thursday March 28, 2024 @12:07PM (#39853333)
His parents who are professors of legal ethics? His mother is getting a long-term lesson in the theories of consequentialism that she is a supporter of.
Re:Sam Bankman-Fried sentenced to 25 years in prison by yellow_postit on Thursday March 28, 2024 @11:58AM (#39853144)
It seems unlikely he will serve that full time though I don’t know the specific parole eligibility constraints for these charges.
Re:Sam Bankman-Fried sentenced to 25 years in prison by werewrsdf on Thursday March 28, 2024 @12:02PM (#39853213)
Re:Sam Bankman-Fried sentenced to 25 years in prison by SoftTalker on Thursday March 28, 2024 @12:16PM (#39853515)
Possible that some future President would commute his sentence or grant a pardon. But unlikely.
Re:Sam Bankman-Fried sentenced to 25 years in prison by yellow_postit on Thursday March 28, 2024 @12:07PM (#39853326)
Didn’t realize that — thanks!
Re:Sam Bankman-Fried sentenced to 25 years in prison by nemo44x on Thursday March 28, 2024 @12:00PM (#39853171)
You need to serve 85% of your sentence in federal prison. He will likely appeal for a reduction.
Re:Sam Bankman-Fried sentenced to 25 years in prison by hammock on Thursday March 28, 2024 @12:04PM (#39853273)
Shall I pull up some comps? It’s not going to be pretty
Re:Sam Bankman-Fried sentenced to 25 years in prison by dandanua on Thursday March 28, 2024 @12:51PM (#39854203)
It seems "the victimless crime" [1] became a normal line of defense when billionaires commit financial fraud. Insanity.

[1] https://youtu.be/EDMinX6t1Zk?t=420