Caroline Ellison, whose testimony helped convict Sam Bankman-Fried, sentenced to two years in prison

In this courtroom sketch, Caroline Ellison gives her sentencing statement at Manhattan federal court in New York City on Sept. 24, 2024. (Elizabeth Williams via AP)

NEW YORK CITY — A federal judge sentenced FTX co-founder Sam Bankman-Fried’s former girlfriend to two years in prison, citing her extensive cooperation with prosecutors that led to the conviction of the former face of the cryptocurrency industry in one of the largest financial frauds in U.S. history.

Judge Lewis Kaplan cited Caroline Ellison’s “very, very substantial cooperation.”

Ellison told the judge, “I think on some level my brain can’t even truly comprehend the scale of the harm it caused. That doesn’t mean I don’t try. I am so so sorry.”

“I am deeply ashamed of what we had done,” she added, sniffling and with her voice cracking. Ellison’s parents and two sisters sat behind her during the sentencing.

A quick recap:

Ellison’s testimony at Bankman-Fried’s trial last fall was crucial.

In a memo to Judge Lewis Kaplan last week, prosecutors praised Ellison’s candor and “substantial assistance” in the investigation — a fact that played a role in her sentencing despite facing a similar list of charges as Bankman-Fried.

And on Tuesday, Kaplan noted Ellison incriminated herself while testifying and “pulled no punches.” He also drew comparisons with Bankman-Fried, who he sentenced to 25 years in prison, noting Ellison was culpable in the fraud, but said what distinguished them is Ellison’s “remarkable cooperation.”

From the start, Ellison was the prosecution’s star witness — someone who worked hand in glove with Bankman-Fried and who kept a contemporaneous diary chronicling the ups and downs of their business and their often-rocky romantic relationship. And in a trial that centred on technical, complex topics like digital assets and decentralized finance, Ellison’s testimony offered an emotional and relatable narrative.

Over three days on the stand, Ellison, who is 29, repeatedly reinforced that throughout her years at Alameda, the buck stopped with Bankman-Fried. When asked who directed her to carry out various actions, criminal or otherwise, she frequently replied “Sam did.”

Of course, some critics, including Bankman-Fried’s defence lawyers, have noted that Ellison might have been a compelling witness, but she was not a whistleblower.

“There is no question she deserves leniency,” wrote Dennis Kelleher, president of the nonprofit organization Better Markets. But at the same time, he said, “she could have single-handedly stopped this fraud at any time, long before billions of dollars were lost, hundreds of investors were defrauded, and tens of thousands of customers were ripped off.”

When FTX collapsed, customers were locked out from their trading accounts. But in a surprise outcome for a bankruptcy, FTX estate overseers said they had recovered enough assets to pay most of its creditors back in full, with interest, thanks to a surge in the value of its crypto holdings.

Legal experts had previously told CNN it was unlikely Ellison would end up in prison.

In the Southern District of New York, where the case was tried, “the large majority of white-collar cooperators receive zero jail time,” said Jordan Estes, a former federal prosecutor who is now a partner at Kramer Levin. And that’s particularly true when they have otherwise led a law-abiding life, she added.

Josh Naftalis, also a former federal prosecutor, noted that “a key issue that Kaplan will consider in sentencing Ellison is whether the size of the fraud — billions of dollars in losses — nonetheless requires some term of imprisonment.” Though Naftalis, now a white-collar defence attorney at New York law firm Pallas, added that prosecutors’ description of her cooperation as “extraordinary,” suggested prison was unlikely.

However, at Tuesday’s sentencing, the judge said in a case this serious he could not give her a get out of jail free card.

Other FTX executives’ cases are still in progress.

Ryan Salame, a former FTX executive, was sentenced to more than seven years in prison after pleading guilty to a campaign finance violation and running an unlicensed money transmission business. Two other former executives, Nishad Singh and Gary Wang, who took plea deals and testified against Bankman-Fried, are due to be sentenced this fall.