Malice is, “I knew how businesses are supposed to be run, but I accidentally on purpose chose to run my business in a way where nobody could exercise oversight, and while nobody was exercising oversight, I engaged in a pattern of trades and deals that enriched me at the expense of people who trusted me.”
SBF is a grown-ass adult. He knows that when people trust you with their money, you have a moral obligation to handle it competently, or hire people who know how to handle it competently.
He and his backers know how to run a business such that the shenanigans he actually pulled would get flagged. He chose not to do so, and his backers chose to look the other way. And then he coïncidentally used the lack of oversight or standard controls to steal billions of dollars from his customers.
Believe whatever you like, but don’t expect the rest of the world to nod along in agreement.