It's worth reading Judge Kaplan's earlier rulings related to the "advice of counsel" defense. As the judge writes, you can only invoke this if you "made a complete disclosure to counsel," right at the beginning, of what you planned to do. Sounds like the kind of situation where, once on trial, you'd need to produce an original "Memo to Lawyers" spelling out all of the intended FTX/Alameda games.
Once that's on the the table, then you need to have asked the lawyers: can we do this? And then you need a clear response from the lawyers (i.e. a memo) saying: "Yep!"
SBF's testimony, peeling away some of the word haze, amounts to: "I think the lawyers were loosely aware of at least some of this stuff and I don't exactly remember them telling me we couldn't do it." That's miles short of the standard (Kaplan-summarized) test.
https://storage.courtlistener.com/recap/gov.uscourts.nysd.59...