Yes, that’s in the quick take. It was still (and may still be), in my view, the best source reasonably available. The jury doesn’t say anything other than guilty / not guilty to each count—where a conviction could be based on multiple theories, it doesn’t even tell us which one the jury bought. The sentencing judge would make factual findings at sentencing (then a future event) but only as necessary to sentence. Anything written by the defense would almost certainly be inconsistent with the jury’s verdict, so that leaves the prosecution.
Given that the USAO is a long-term player, knows that Judge Kaplan presided over the trial and the pre-trial motions, and knows that SBF could file a reply, it’s very unlikely it would puff the facts to more than a moderate extent. Probably the trial transcripts provide a more authoritative resource, but are too long to recommend to much of anyone.
Cool, I fully acknowledge that this is my naivete, but for what it’s worth I assumed that “The government’s sentencing memorandum” was a memo explaining the judge’s sentencing decision, not what the prosecution was requesting the judge to decide.
Good to know! This may be one of those interpretations that becomes more plausible due to an intervening event. (The quick take was posted well before the judge decided the sentence.)
I can’t think of any circumstances like this in which “the government” would mean the court rather than the government-as-a-party-before-the-court. But that could only be obvious to me because of professional background.
Yes, that’s in the quick take. It was still (and may still be), in my view, the best source reasonably available. The jury doesn’t say anything other than guilty / not guilty to each count—where a conviction could be based on multiple theories, it doesn’t even tell us which one the jury bought. The sentencing judge would make factual findings at sentencing (then a future event) but only as necessary to sentence. Anything written by the defense would almost certainly be inconsistent with the jury’s verdict, so that leaves the prosecution.
Given that the USAO is a long-term player, knows that Judge Kaplan presided over the trial and the pre-trial motions, and knows that SBF could file a reply, it’s very unlikely it would puff the facts to more than a moderate extent. Probably the trial transcripts provide a more authoritative resource, but are too long to recommend to much of anyone.
Cool, I fully acknowledge that this is my naivete, but for what it’s worth I assumed that “The government’s sentencing memorandum” was a memo explaining the judge’s sentencing decision, not what the prosecution was requesting the judge to decide.
Good to know! This may be one of those interpretations that becomes more plausible due to an intervening event. (The quick take was posted well before the judge decided the sentence.)
I can’t think of any circumstances like this in which “the government” would mean the court rather than the government-as-a-party-before-the-court. But that could only be obvious to me because of professional background.