SBF Lawyer Says $11 Billion Penalty Would Leave FTX (FTT) Founder Poor Forever

SBF's Supreme Court lawyer says the $11 billion penalty would leave the FTX founder broke forever; his cert petition filed September 10 challenges it.

(11:00 PM UTC)
4 min read
AI SummaryAI
  • Jeffrey Fisher filed a Supreme Court petition on September 10 challenging Sam Bankman-Fried's $11 billion penalty.
  • Fisher argues the $11 billion money judgment violates the Eighth Amendment ban on excessive fines.
  • FTX's fifth customer payout in July took most customer classes to 105% of claims.
  • The estate sold its Anthropic stake for roughly $1.3 billion in 2024; now worth over $30 billion.
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SBF's $11 Billion Penalty Fight

Sam Bankman-Fried's Supreme Court lawyer says the $11 billion penalty tied to the FTX founder's sentence would leave him broke for the rest of his life, whenever he walks out of prison. Jeffrey Fisher, who filed the Supreme Court petition on September 10, argues the sum breaches the Eighth Amendment's ban on excessive fines, and laid out the case on CNN host Michael Smerconish's radio program over the weekend. Crucially, the $11 billion order is not a clawback of assets Bankman-Fried controls — it is a money judgment for a figure he does not have. At his peak in early-to-mid 2022, the former billionaire's net worth was estimated at roughly $26 billion to $26.5 billion, before the FTX collapse, an event that erased most of the value of the exchange's native token, FTX (FTT), then among the most visible casualties across altcoin markets. Fisher traces the anti-ruin principle back to Magna Carta, the 13th-century English charter whose tenet held that a fine should not strip a wrongdoer of any way to earn again. “Before we take away people's liberty and resign them to a lifetime of poverty, we better be sure that they've gotten a fair shake in front of a jury,” Fisher said in the broadcast interview. Bankman-Fried amplified the point himself, posting on X that Judge Kaplan allowed the government to claim over $10 billion of depositor losses while barring him from responding. Timing may favor the defense: in July the justices agreed to hear Jouppi v. Alaska, a dispute over a $95,000 aircraft seized after a passenger brought a six-pack of beer into a village that prohibits alcohol. The shared element is the clause, not the scale — both cases ask when a financial penalty goes too far, though Fisher's question differs: not whether the fine fits the crime, but whether it leaves the defendant any way to earn again.

Repayment Argument Cuts Both Ways

The petition's second pillar is the repayment record — an argument that cuts both ways. Jurors, Fisher contends, heard that customers lost billions but never heard they would be repaid; that gap, in his view, made a fair trial impossible and entitles the defendant to a new one. The estate's repayments are real. FTX's fifth customer distribution, completed in July, lifted most customer classes to 105% of their allowed claims — slightly above par on paper, though claims were fixed at November 2022 prices, locking in valuations from the depths of the exchange's failure and costing creditors the rally a refreshed bull market delivered afterward. Fisher credits FTX's early bet on Anthropic, the artificial-intelligence startup, as part of the reason customers were repaid at all. The estate, however, sold that stake early, collecting roughly $1.3 billion in 2024 for a position now valued at more than $30 billion. Social-media commentary has underscored the foregone upside in stark terms: $10 million invested in Anthropic five years ago would be worth about $16.45 billion today. A federal appeals court rejected Fisher's arguments in June, and Smerconish recalled trial judge Lewis Kaplan's reasoning that a thief who takes stolen money to Vegas and wins is no less guilty. The justices have not said whether they will hear the case — most petitions never get that far. The saga keeps producing side stories, too: former Alameda CEO Caroline Ellison has resurfaced at Manifund under the name “Carol.” For creditors made whole on paper, the practical question is redeployment, and our regularly updated guide to the best crypto exchanges is one starting point for that decision. Readers tracking the market in real time can follow live spot and futures prices on Bitget.

Docket Watch for FTT Holders

Docket watch is now the practical lens for FTX (FTT), a token whose fortunes have been hostage to the exchange's legal record — including an earlier effort to overturn the 25-year sentence — rather than to any cash flows of its own. The controlling document is the September 10 petition itself: it asks the Supreme Court to decide whether an $11 billion money judgment against a defendant with no assets is an excessive fine under the Eighth Amendment, and whether keeping repayment evidence from the jury made the fraud verdict unsound. That filing followed a June denial from the federal appeals court, so the judgment stands unless at least four justices vote to grant review. A grant would reopen the litigation and reprice legal risk across the FTT complex; a denial closes the book.

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