Sam Bankman-Fried has submitted an appeal to vacate his fraud conviction, arguing that the judge who presided over the case was prejudiced.
Sam Bankman-Fried (SBF), the former CEO of the defunct crypto exchange FTX, has appealed his fraud conviction, requesting a retrial. SBF contends that Judge Lewis Kaplan’s conviction resulted from his unjust adjudication.
SBF was convicted of seven offenses, including defrauding FTX customers of $8 billion, and was sentenced to 25 years in prison in March of this year. Nevertheless, he maintains his innocence, contending that he did not embezzle these funds.
Sam Bankman-Fried seeks to overturn his fraud conviction
According to the New York Times, Sam Bankman-Fried has submitted a 102-page appeal to the court, requesting a retrial. The notice of appeal asserted that Judge Lewis Kaplan issued numerous rulings that hindered the FTX founder’s ability to mount a comprehensive defense. Alexandra Shapiro, the attorney for SBF, contended that Kaplan was biased due to his presumption of the defendant’s guilt from the outset.
Shapiro contends that the judge’s directive to conduct a “pre-testimony deposition” of the FTX founder outside the jury’s presence was one of the rulings that impeded her client’s defense. Kaplan elucidated at the time that this was essential to ascertain the extent to which SBF could disclose the details of his conversations with FTX attorneys to the jury.
The filing, however, contended that the court’s decision to preview Bankman-Fried’s testimony was “unprecedented” and unjust, as it enabled the prosecutor to cross-examine him beyond the scope of the preview hearing.
Shapiro also provided additional evidence to support her assertion that the judge undermined her client’s case, such as the “biting comments undermining the defense.” She also stated that Kaplan disparaged SBF’s testimony during the preliminary hearing and in front of the jury.
In addition, the filing indicated that the judge had forbidden Sam Bankman-Fried from testifying that certain business decisions were influenced by the legal counsel he received from his attorneys. The lawyer of the FTX founder also indicated Kaplan’s actions as a factor in the jury’s perspective.
The SBF has requested a new trial with a different judge under this, as they contend that Judge Kaplan is already compromised.
The former CEO of FTX Stands On His Innocence
Sam Bankman-Fried has maintained his innocence since his detention in November 2022, contending that he never stole customers’ funds.
In his appeal, SBF made the same argument as in his sentencing recommendation: FTX customers did not lose their money, as there are plans to refund them as part of the bankruptcy process.
Shapiro contended that the jury was not provided with a comprehensive understanding of the case due to the prosecution’s portrayal of a “false narrative” that the consumers of the defunct crypto exchange had lost their money.
Based on this belief, the jury found SBF guilty of all offenses, resulting in his conviction.
Nevertheless, it is essential to note that Bankman-Fried’s close associates, including the former CEO of Alameda, Caroline Ellison, testified against him, confirming that he had misappropriated customers’ funds.
Ellison and these associates also pleaded guilty to participating in deceptive activities. The former CEO of Almada is scheduled to be sentenced on September 24 and has requested that she not be imprisoned due to her “valuable” cooperation.
