Sam Bankman-Fried Has Until Friday To File For Trial Postponement

Updated: 31 August 2023

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Lawyers for Sam Bankman-Fried have until tomorrow to file for a postponement of his fraud trial scheduled to start on October 3 after they complained that his difficulties accessing the internet while in jail are undermining preparations.

The lawyers are said that millions of pages of evidence were shared too late, given that Bankman-Fried’s trial will start on October 3 and the defendant is in jail.

Judge Lewis Kaplan said that there was no evidence showing that the government acted in bad faith while the government argued that the documents produced earlier this month were obtained from Google, and Bankman-Fried already knew about them.

Judge Kaplan appeared to agree with the government’s argument that most of the documents were obtained from the defendant’s personal Google accounts. The judge said that request for a postponement would not necessarily be granted.

OK – now US v. Bankman-Fried, oral argument about SBF's complaints about discovery documents, strength of Internet during his twice-weekly courthouse visits, & desire to get back out to Palo Alto. Inner City Press (book Crypto Creeps) will live tweet, thread below https://t.co/uUXBcLMej9 pic.twitter.com/Fo1BxIWdsC

— Inner City Press (@innercitypress) August 30, 2023

“If the defendant feels he needs a postponement, they can ask for it. I’m not saying I would necessarily grant it. They’d have to demonstrate a need – not just recount the number of documents. There’s got to be more meat on those bones,” Judge Kaplan said.

SBF's lawyer: First time he showed up, there was only one hour charge on the battery.
Judge Kaplan: You could be the ones to bring backup battery.
SBF's lawyer: He wanted to bring papers, but no. There always something. We have no faith. We want temporary release

— Inner City Press (@innercitypress) August 30, 2023

Bankman-Fried’s lawyers had also argued that the former FTX CEO could not review these documents while in jail the same way he could before his arrest. Bankman-Fried was placed in prison as he awaits trial, with prosecutors accusing him of witness tampering.

OK – now US v. Bankman-Fried hearing on possible remand of SBF to jail for intimidating witnesses, including leaking Caroline Ellison's Google Docs (still sealed) to the NYT. Inner City Press moved to unseal https://t.co/wkt4FqxJGD & will live tweet, thread below pic.twitter.com/OXW9z4JWsj

— Inner City Press (@innercitypress) August 11, 2023

Assistant US Attorney Danielle Sassoon has argued against the lawyers’ claims, saying that Bankman-Fried could review discovery 70 hours a week. The attorney also said that his lawyers could visit him seven days a week, and he had many lawyers and experts who could prepare for the trial around the clock.

Judge Kaplan opined he would accept the motions by Bankman-Fried’s defense team and prosecutors and make a ruling the following week. The defense team’s strategy is that Bankman-Fried acted largely in good faith to his actions at FTX and Alameda Research.

Sam Bankman-Fried Lawyers Complain About Prison Conditions

Bankman-Fried’s lawyers have complained about his conditions in prison. They have said that the laptop he was given in jail has a limited battery life, and there was no power outlet to charge it in the block he is held in. They further argue that the internet connection is weak, calling for a temporary release before trial.

Judge Kaplan questioned why an extension cord could not be used to charge the laptop, but the lawyers argued it was a security risk. If Bankman-Fried is convicted of the multiple fraud and conspiracy charges he faces, he could get more than 100 years in prison. FTX filed for bankruptcy towards the end of last year after failing to meet customer withdrawals.