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can anyone tell me the justification for putting Samuel Bankman-fried in prison for 25 years but Trump gets a fine? Is it federal vs. state? (lemmy.world)

submitted 7 months ago by [email protected] to c/[email protected]

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Pretty much what the title says. I know he's a former president and has all of his supporters, but what's the official reason? Thanks.

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[–] [email protected] 6 points 7 months ago* (last edited 7 months ago) (1 children)

This isn't about the trial he lost from raping Jean Carroll. This is about Trump lost a trial about defrauding banks and insurance companies.

Bankman Fried defrauded banks, was put on criminal trial and was sent to jail Trump defrauded banks but was only put on civil trial resulting in a fine.

[–] [email protected] 0 points 7 months ago (1 children)

My bad, of course, not sure why the defamation trial was still in my head.

SBF engaged in things like securities fraud as well, which is harder to spin into a civil thing I guess.

My bet on why they decided to go the civil route is that Trump has the money to make things right (if he will that's another thing), and SBF has nothing.

So they've just decided to go the "better for everybody" route, since, well, it's better for everybody.

[–] [email protected] 0 points 7 months ago

Why New York state is suing Trump instead of charging him with crimes

James seems to be taking this approach, as opposed to a criminal indictment, because New York law empowers the AG to seek damages caused by fraudulent business behavior as a form of consumer protection. The law doesn’t require the AG to identify a victim or even demonstrate anybody suffered harm. Plus, the burden of proof is lower in civil cases than in criminal ones.

“What makes this statute particularly powerful is that there doesn’t have to be a loss,” Will Thomas, a law professor at the University of Michigan’s Ross School of Business, told Yahoo Finance. “This statute has been used to disgorge profits illegally gained. The government can be allowed to claw back all of those profits. Provable nature is lower, and you don’t have to prove intent or willfulness.”

A civil suit also prevents James from bumping into the criminal case against Trump’s company that the Manhattan district attorney is prosecuting. Those two offices sometimes work together on criminal cases, as they’re doing on the recent indictment of former Trump adviser Steve Bannon. With regard to Trump, however, they seem to be pursuing complementary approaches instead of overlapping ones.

So the answer is: it's easier to win, it's easier to punish Trump & they can still file criminal charges after a successful civil case if more crimes are uncovered.