DOJ prosecutors cannot simply indict people based on what they read in the press, no matter how damning it may seem. Ankush Khardori writes that those eager to see Sam Bankman-Fried charged with serious financial crimes will just have to be patient
at a conference organized by the paper in which she insisted that the whole thing was a huge misunderstanding.)
It is not yet clear how easy it will be for the government to obtain internal emails from FTX and personal communications among SBF and his lieutenants. It will depend in significant part on whether and to what extent FTX, SBF, et al. were using U.S.-based technology providers like Google or Microsoft who still have this material and can and will comply with U.S. legal process.
The Justice Department will have to try to interview people who worked at FTX and Alameda, which is par for the course in a financial-fraud case, but that is much harder when witnesses are overseas. For one thing, the government cannot simply subpoena witnesses the way it can with people who are in the country, and witnesses in foreign countries can easily decline voluntary interviews.
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