The United States government sent a letter to Judge Lewis Kaplan on Sept. 27 stating that it opposes the motion by Sam Bankman-Fried (SBF) and his representation for temporary release from jail before his Oct. 3 trial. The judge is scheduled to hear arguments from both sides later today.<\/p>\n
In its filing, the government asked Kaplan to deny SBF\u2019s request, which was submitted on Sept. 25. <\/p>\n
The government said that the defendant\u2019s claims of not being able to \u201cmeaningfully participate\u201d in his own defense, which warrants release, \u201cdoes not outweigh the danger posed by such release conditions in light of the defendant\u2019s prior course of conduct.\u201d <\/p>\n
The \u201cdanger\u201d is listed as \u201cdanger to the community and\/or flight.” It also said the renewed motion \u201crecycles\u201d generalized claims and cited two previous times in which the court objected to similar requests.<\/p>\n
The first was on Sept. 12 when SBF\u2019s request for immediate release pending trial was denied on account of multiple factors. <\/p>\n
These included \u201cthe defendant\u2019s extensive access to electronic discovery for 7-\u00bd months before his bail was revoked shortly before trial,\u201d and the lack of providing any details about specific materials he claims he cannot access, among others. <\/p>\n
Related: <\/em><\/strong>Sam Bankman-Fried says, \u2018I did what I thought was right,’ in leaked docs: Report<\/em><\/strong><\/p>\n The second instance mentioned was on Sept. 21 when a three-judge panel of the 2nd U.S. Circuit Court of Appeals denied SBF\u2019s request for release and called the arguments \u201cunpersuasive.\u201d<\/p>\n The prosecution also highlighted that in this second denial, the Court of Appeals also affirmed the conclusion that \u201cthere was probable cause to believe that the defendant attempted to tamper with two witnesses in violation of 18 U.S.C. \u00a7 1512(b), and specifically that he acted with unlawful intent to influence those witnesses.\u201d <\/p>\n Based on this \u201cbackdrop\u201d the government agreed that the renewed motion \u201csuffers\u201d from the same faults as the first motion. <\/p>\n Bankman-Fried\u2019s criminal trial in New York City is scheduled for Oct. 3, during which we will face seven fraud-related counts that occurred during his time at FTX and Alameda Research.\u00a0<\/p>\n In March 2024, he will be tried for five additional counts in a separate criminal trial. SBF has already pleaded not guilty to all charges.<\/p>\n