SBF’s Lawyers Trying To Get Him Out Of Jail Before Trial

Table of Contents

• Bail Revocation For “Witness Tampering”
• Prosecutors vs Defense
• Challenges Faced in Detention
• Upcoming Trial and Additional Charges

Sam Bankman-Fried’s legal team has lodged an appeal against his bail revocation, arguing that his constitutional right to adequately prepare for the upcoming trial is being compromised.

Bail Revocation For “Witness Tampering”

U.S. District Judge Lewis Kaplan in Manhattan had revoked Bankman-Fried's bail due to allegations that he attempted to tamper with witnesses linked to his trial, which included Caroline Ellison and former FTX.US general counsel Ryne Miller. The move led to Bankman-Fried's incarceration, sparking controversy around his access to a fair trial.

According to the allegations, Bankman-Fried had revealed the personal writings of his former colleague and romantic partner, Caroline Ellison, who has also been embroiled in the FTX controversy. The writings, predating FTX's collapse, showcased Ellison's emotional state and reflections on her job and her breakup with Bankman-Fried.

Prosecutors vs Defense

Prosecutors have contended that Bankman-Fried's disclosure of these writings was intended to harass Ellison and potentially discourage potential witnesses from testifying if they feared negative publicity. They argue that his actions were an attempt to exert undue influence on the proceedings.

Bankman-Fried's attorneys had attempted to challenge the judge’s decision and sought to prevent his immediate detention until the appeal was heard. These efforts, however, were unsuccessful. The legal tussle is now in the 2nd U.S. Circuit Court of Appeals, where the court will need to weigh the former CEO's First Amendment rights against the alleged interference with witness testimony.

The defense maintains that his actions were not meant to intimidate or threaten but rather to safeguard himself. He had shared part of Ellison's private diary with a reputable newspaper, citing self-protection as the motivation. 

They wrote, 

"It is unclear how a cooperating witness who has promised to testify against a defendant could be meaningfully threatened by nothing but their own statements being published by a reputable newspaper.”

Challenges Faced in Detention

Presently held at the Brooklyn Metropolitan Detention Center, Bankman-Fried is claiming to face challenges in adequately preparing for his trial. His legal team argues that his confinement interferes with his ability to participate in the trial preparations, a fundamental constitutional right. The judge also denied his request to remain out of jail during weekends, aimed at aiding his preparations.

Upcoming Trial and Additional Charges

Bankman-Fried's trial is slated to commence in October and will address charges including wire fraud, commodities fraud, securities fraud, money laundering, and related conspiracy allegations. 

In a recent development, he has been hit with seven new charges pertaining to the alleged donation of $100 million worth of customer funds to political campaigns. Bankman-Fried has pleaded not guilty to the new charges as well. 

Disclaimer: This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.