The legal team of Sam Bankman-Fried, the founder of bankrupt crypto exchange, FTX, is making a strong appeal to secure his release from a Brooklyn jail as he faces a looming trial on federal fraud charges set for October 3, Reuters reported. The latest development follows U.S. District Judge Lewis Kaplan’s decision to revoke Bankman-Fried’s $250 million bail on August 11, due to concerns over witness tampering.
The report showed that Bankman-Fried’s attorneys and the Manhattan U.S. Attorney’s office will present their arguments to a three-judge panel of the 2nd U.S. Circuit Court of Appeals on Tuesday. They will discuss whether the FTX Exchange founder should remain in custody or not.
The legal team of both parties will be given five minutes to argue. Meanwhile, the lawyers of the 31-year-old Bankman-Fried assert that his detention infringes upon his constitutional rights, specifically, his First Amendment right to communicate with the press to rehabilitate his reputation.
The allegations against Bankman-Fried stem from his interactions with Caroline Ellison, the former CEO of his hedge fund Alameda Research. It is alleged that he shared Ellison’s personal writings with a New York Times reporter, who may testify against him. Ellison has already pleaded guilty to fraud.
Bankman-Fried is facing seven charges related to fraud and conspiracy, connected to the collapse of his bankrupt company in November 2022. Prosecutors accuse him of diverting substantial sums from FTX customer accounts to cover losses at Alameda, acquire luxury real estate, and make political contributions. While he maintains his innocence, he acknowledges errors in risk management.
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Sam Bankman-Fried argues in his appeal that his incarceration hampers his ability to aid in his defense, citing the complexity of his case and limited access to legal counsel and evidence review tools. However, the prosecutors have countered these claims, asserting that he has not faced more significant challenges in preparing for trial than any other detainee.
The legal battle highlights the complexities of preserving legal rights in the cryptocurrency industry and the unique challenges that high-profile individuals face. As the court proceedings unfold, it remains to be seen whether Sam Bankman-Fried will secure his release and how his case will impact the broader crypto community.
Meanwhile, in the latest development, FTX has filed a lawsuit against Sam Bankman-Fried’s parents Allan Joseph Bankman and Barbara Fried. Debtors FTX and Alameda Research aim to recover millions of dollars in fraudulently transferred and misappropriated funds by Sam Bankman-Fried’s parents during FTX’s earlier years.
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