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Highlights
- Bankman-Fried sticks with new legal team amid conflict concerns for appeal.
- FTX's Bankman-Fried and Celsius's Mashinsky waive right to conflict-free counsel.
- Legal strategy shifts as SBF preps for appeal with Mukasey and Young.
Despite growing concerns of conflict of interests, Sam Bankman-Fried, the ex-CEO of FTX, has decided to move on with another set of attorneys for his upcoming appeal. This transition follows his November conviction on numerous fraud counts, representing a notable shift in his legal strategy.
Legal Shift Implies a Lobbying Attempt
The change in Bankman-Fried’s legal representation indicates a tactical move of appeal as he separates from Cohen & Gresser, his trial attorneys. Attention now goes to Marc Mukasey and Torrey Young, who also represent Alex Mashinsky, another high-ranking personality in the crypto sphere under legal scrutiny.
This coverage has led to a controversy around the possible conflict of interest, a matter addressed by U.S. prosecutors in a letter to U.S. District Judge Lewis Kaplan.
Complex Interest Web Calls For Questions
The issue is intertwined with bank relations of FTX by Bankman-Fried and Celsius by Mashinsky. Historical financial transactions of the two entities, specifically loans that were paid back from FTX customer funds, pose a tricky situation that may affect Bankman-Fried’s legal arguments on appeal.
Prosecutors have emphasized how such dual interests may generate competing defense narratives, particularly fraud and entitlement to restitution.
Bankman-Fried and Mashinsky Waive Conflict Concerns
Notwithstanding these convoluted legal complications, Bankman-Fried and Mashinsky forfeited their right to conflict-free representation, a choice reiterated during their related appearances in court.
The waiver shows their confidence in Mukasey and Young’s neutrality in these complications. Bankman-Fried moreover talked during his trial about his perception of the situation and his confidence to act under the counsel of Mukasey and Young.
Legal Experts Weigh In
Such a move is not unusual in appellate-bound cases. Ira Lee Sorkin, well-known for representing Bernie Madoff and other field veterans, notes that calling in lawyers with particular expertise in appellate practice is a common tactic. These professionals stress the need for continuous communication between the leaving and the coming legal teams to coordinate the defense strategy.
As Bankman-Fried prepares for his sentencing and subsequent appeal, the legal landscape remains fraught with challenges. His continued incarceration at Brooklyn’s Metropolitan Detention Center, alongside his reported mental health struggles, adds another layer of complexity to his defense. Mashinsky, on the other hand, remains on bail, with his trial slated for January 2025, further extending the timeline of legal proceedings in these intertwined cases.
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