Welcome to State of Crypto, a CoinDesk newsletter looking at the intersection of cryptocurrency and government. I’m your host, Nikhilesh De. Attorneys for Sam Bankman-Fried filed their response to the U.S. Department of Justice in their ongoing effort to appeal his conviction before the Second Circuit. Friday's filing continued the defense team's efforts to convince the appeals court panel that Judge Lewis Kaplan was biased against the defendant.
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Sam Bankman-Fried (Nikhilesh De/CoinDesk) |
Sam Bankman-Fried's appeals team filed their rejoinder to the U.S. Department of Justice's argument that the FTX founder and former CEO's trial was fair and his conviction on seven different counts was reached properly. Friday's filing argues that Judge Lewis Kaplan violated a number of procedural rules and precedents that would have helped Bankman-Fried's team mount a stronger defense.
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Every lawyer I spoke to after Bankman-Fried's 2023 trial said an appeal would be a difficult process for him. That's not stopping his lawyers from trying to persuade a panel of judges that his trial did not afford him due process, and a fresh trial with a different judge is an appropriate remedy.
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The filing reiterated past arguments that the judge biased the jury by preventing evidence that would have helped Bankman-Fried from being introduced, and otherwise letting the prosecution do whatever it liked while blocking the defense from introducing helpful witnesses or even arguments.
Moreover, the defense argued, FTX's bankruptcy proceedings showed that FTX customers, Alameda investors and other harmed parties did not "lose everything," as prosecutors alleged.
"At every turn, the judge put his thumb on the scale. The result was a one-sided trial, where the district court allowed the government to present damning false information, concealed contrary information from the jury, erroneously instructed the jury about the law, and effectively directed a guilty verdict," the filing said.
A federal judge approved FTX's bankruptcy plan last October. The plan will provide a majority of FTX creditors with more than 100% of the value of their lost holdings, at 2022 prices (crypto prices have obviously gone up quite a bit since FTX collapsed).
"But the larger point is all such nuance was missing from trial. Whether anyone was 'made whole' may be a debatable definitional question. But the government told the jury, over and over, that everyone lost all their money, period. That wasn’t nuanced or complicated — it was just false," the filing said.
Judge Kaplan was himself biased against Bankman-Fried and demonstrated his bias before the jury, the filing said, reiterating another argument the appeals team made before. While the DOJ said in its last filing that media reports (hi) exaggerated Kaplan's comments about Bankman-Fried, Friday's filing said the judge's own quotes demonstrate his bias. (For the record, if you are the DOJ lawyer who wrote that reporters "played up the drama" of Kaplan's comments, no hard feelings.)
As before, the appeal seeks a new trial "or at minimum, an evidentiary hearing" for Bankman-Fried.
In other news, Bankman-Fried's parents are hoping to convince U.S. President Donald Trump to issue a pardon for the former crypto executive, Bloomberg reported. A spokesperson for Bankman-Fried declined to comment. |
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If you’ve got thoughts or questions on what I should discuss next week or any other feedback you’d like to share, feel free to email me at [email protected] or find me on Bluesky @nikhileshde.bsky.social. You can also join the group conversation on Telegram. See y’all next week! |
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