Sam Bankman-Fried Appeals Fraud Conviction, Argues Judge Was Biased

Sam Bankman-Fried (SBF), the former CEO of the defunct crypto exchange FTX, has appealed his fraud conviction, asking for a retrial. SBF argues that Judge Lewis Kaplan wasn’t fair in adjudicating the case, ultimately leading to his conviction. In March earlier this year, SBF was sentenced to 25 years in jail, having been found guilty of the seven charges against him, including defrauding FTX customers of $8 billion. However, he maintains his innocence, arguing he didn’t steal these funds.

Sam Bankman-Fried Looks To Overturn Fraud Conviction

The New York Times reported that Sam Bankman-Fried has filed a 102-page appeal asking the court for a retrial. The notice of appeal claimed that Judge Lewis Kaplan made several rulings that impeded the FTX founder from putting up a proper defense. SBF’s lawyer, Alexandra Shapiro, suggested that Kaplan was biased as he had already presumed that the defendant was guilty from the start.

One of the rulings that Shapiro argues impeded her client’s defense is the judge’s order that the FTX founder sit for a “pre-testimony deposition” outside the jury’s presence. Kaplan explained back then that this was necessary to determine how much SBF could tell the jury about his discussions with FTX lawyers. However, the filing argued that the court’s decision to preview Bankman-Fried’s testimony was “unprecedented” and unfair as it allowed the prosecutor to cross-examine him beyond the purpose of the preview hearing.

Shapiro also cited other instances to prove the judge hampered her client’s case, including the “biting comments undermining the defense.” She added that Kaplan also derided SBF’s testimony during the preview hearing and in front of the jury.

Furthermore, the filing stated that the judge had prevented Sam Bankman-Fried from testifying that some of his business decisions were based on the legal advice he received from his lawyers. The FTX founder’s lawyer also suggested that Kaplan’s actions weighed on the jury’s mind.

In line with this, the SBF has requested a new trial with a different judge based on their argument that Judge Kaplan is already compromised.

The Former FTX CEO Maintains His Innocence

Sam Bankman-Fried has maintained his innocence since he was arrested in November 2022, arguing that he never stole customers’ funds. Just like he argued in his sentencing recommendation, SBF again argued in his appeal that FTX customers didn’t lose their money since there are plans to refund these customers as part of the bankruptcy process.

Shapiro argued that the jury didn’t have a clear picture of the case as the prosecution painted a “false narrative” that the defunct crypto exchange’s customers had lost their money. Based on this belief, the jury found SBF guilty of all charges, leading to his conviction.

However, it is worth mentioning that Bankman-Fried’s close associates, including the former Alameda CEO Caroline Ellison, testified against him, affirming that he had stolen customers’ funds. Ellison and these associates also pleaded guilty to being involved in the fraudulent activities. The ex-Almeda CEO is set to be sentenced on September 24 and asked for no prison sentence due to her “valuable” cooperation.