Sam Bankman-Fried Requests New Trial After Fraud Conviction
Sam Bankman-Fried, the former CEO of bankrupt crypto exchange FTX, has requested a new trial in the case in which he was convicted of fraud two years ago. On the 3rd (local time), crypto outlet The Block reported that Bankman-Fried filed an appeal in September 2024 and requested a new trial. He takes issue with New York Judge Lewis Kaplan limiting the submission of some evidence during the trial, and his legal team argues that "the defendant's right to counsel was violated." The case has been referred to the U.S. Court of Appeals for the Second Circuit, and the court will hold hearings over the coming months to decide whether to order a retrial. In November 2023, Bankman-Fried was found guilty by a New York federal jury on all seven criminal counts accusing him of defrauding customers, lenders and investors. Prosecutors described him as the mastermind of "the largest financial fraud in the past decade," comparing him to Bernie Madoff. He was subsequently sentenced to 25 years in prison. Samson Enzer, a former federal prosecutor and partner at Cahill Gordon & Reindel, analyzed that "while a defense strategy on appeal will not be easy, the judges' attitude in questioning will become a key issue," adding that "in particular, the portion of the trial that limited the claim of 'good-faith acts based on attorney advice' could become a major point of contention." Howard Fischer, a former chief counsel at the Securities and Exchange Commission (SEC) and partner at Moses & Singer, predicted that "appellate courts generally give trial judges considerable discretion in conducting trials" and that "absent multiple obvious errors, it is likely the original verdict will be upheld." Fischer also added that "if the questioning is formal or minimal, it's a sign that the original verdict is likely to be maintained," and that "how seriously the court takes Bankman-Fried's arguments will be a clue to the direction of this appeal." Fischer also said that "if the appeal is unsuccessful, Bankman-Fried's parents, Joseph Bankman and Barbara Fried, may strongly petition President Trump for a pardon." However, he assessed that "Bankman-Fried donated $5.2 million to Biden's 2020 campaign, so the possibility of a pardon is low."
