Sam Bankman-Fried (SBF), former CEO of FTX, is seeking a new trial following his conviction for fraud and money laundering in connection with FTX's collapse.
His legal team, led by Alexandra Shapiro, has filed an appeal claiming that U.S. District Judge Lewis Kaplan, who presided over the case, was biased and treated Bankman-Fried unfairly during the trial.
The appeal alleges that Judge Kaplan made improper rulings, ridiculed Bankman-Fried and prejudged him as guilty. Shapiro argues that Kaplan's behavior influenced the jury and deprived Bankman-Fried of a fair trial.
Key points in the appeal include the judge's decision to prevent Bankman-Fried from arguing that FTX customers could recover funds through the bankruptcy process and his order for Bankman-Fried to sit for a pretestimony deposition, which the defense called an unprecedented and unfair procedure.
Shapiro's filing urges that a new trial be conducted under a different judge, stating that the trial's integrity was compromised.
The defense contends that the government presented a misleading narrative about the permanence of financial losses, which, combined with the judge's alleged bias, resulted in an unjust conviction and 25-year sentence for Bankman-Fried.
Bankman-Fried's trial lawyers had suggested a lighter sentence of 6.5 years. The government had sought a much heftier 40-50 years in prison.
Brief history of SBF's trial
In December 2022, Sam Bankman-Fried was criminally charged with stealing $8 billion in customer funds from his cryptocurrency exchange, FTX, to cover losses at his hedge fund, Alameda Research.
Prosecutors revealed that SBF had allegedly directed Alameda to use FTX customer funds for investments, violating federal laws. Bankman-Fried was extradited from the Bahamas, where FTX was headquartered, to the U.S. for trial.
Several top FTX advisers, including Caroline Ellison, who had been in a personal relationship with SBF, pleaded guilty to fraud and testified against him. Ellison, the former head of Alameda Research, is scheduled for sentencing on Sept. 24.
At his trial, Bankman-Fried admitted to mismanaging FTX but denied stealing funds, shifting blame to other executives. However, jurors rejected his defense, convicting him of two counts of fraud and five counts of conspiracy.
In his sentencing, U.S. District Judge Lewis Kaplan stated that SBF was aware of the wrongdoing but took a calculated risk, thinking he would not be caught. He was sentenced to 25 years in prison and ordered to forfeit $11 billion.
Despite his conviction, SBF's legal team is now appealing, seeking a new trial based on claims of judicial bias and procedural errors.
Future of FTX
FTX declared bankruptcy in November 2022 after a wave of customer withdrawals, leading to its rapid downfall under founder Sam Bankman-Fried (SBF).
SBF has argued that FTX was not insolvent at the time and claimed that he was pressured to file for bankruptcy prematurely by the new leadership, including CEO John J. Ray III and legal advisors.
In August, a United States court ordered bankrupt cryptocurrency exchange FTX to pay $12.7 billion in relief to its customers, the Commodity Futures Trading Commission said.
Currently, FTX is in the final stages of its bankruptcy proceedings, working to consolidate funds in order to repay creditors. Under Ray's leadership, the exchange has already recovered over $7 billion in misappropriated funds, which may be used to settle claims. This recovery has sparked discussions of a potential reboot of the platform.
FTX's future plans include relaunching the exchange once the bankruptcy process concludes, aiming for a fresh start. If customer funds are fully or substantially returned, there may be a chance for FTX to regain trust and attract users despite the presence of many alternative platforms.
However, the exchange’s relaunch will depend on successfully closing out bankruptcy proceedings, financing operational costs, and navigating the lingering reputational challenges from its collapse under SBF.
