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TEXXR

Chronicles

The story behind the story

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Sam Bankman-Fried asks for a new trial in an appeal to the 2nd Circuit US Court of Appeals and directly attacks US District Judge Lewis Kaplan for alleged bias

Jailed FTX co-founder Sam Bankman-Fried is asking for a new trial, blaming a federal judge for preventing him from mounting a proper defense.

Bloomberg

Context & Ripple Effects

This appeal moves the FTX co-founder's challenge from the trial court to the 2nd Circuit, centering on whether Judge Lewis Kaplan's rulings denied him a meaningful defense rather than on a new set of underlying allegations.

The dispute became a durable part of the FTX aftermath: later coverage followed a renewed retrial effort and ultimately reported the failed bid to overturn the conviction and 25-year sentence.

First-order effects

  • The 2nd Circuit must assess Bankman-Fried's claims of judicial bias and improper limits on his defense; prosecutors must defend the trial court's handling of the case.
  • The filing does not itself disturb the conviction or sentence, but it keeps Bankman-Fried's principal appellate challenge active.

Second-order effects

  • An appellate challenge focused on trial procedure shifts attention from FTX's collapse to the evidentiary and courtroom decisions that may be tested in future high-profile fraud cases.
  • The continued litigation prolongs the legal tail of FTX's failure, even as later rejection of a new-evidence retrial request narrowed Bankman-Fried's routes to a new trial.

Third-order effects

  • If courts consistently sustain the trial rulings, the case will reinforce that defendants in complex crypto-fraud prosecutions face a high bar to convert disputes over trial management into retrials.
  • The broader pattern is that major crypto-company failures can produce long-running appellate and post-conviction litigation after the original criminal case is decided.

The trend: FTX is becoming an example of how crypto-sector enforcement cases can remain consequential through years of appeals, retrial motions, and scrutiny of trial procedure.

Discussion

  • @jayshams Jacob Shamsian on x
    truly I don't really understand why advice-of-counsel was excluded. because the lawyers were fooled by SBF? seems like a q for the jury, no? [image]
  • @jayshams Jacob Shamsian on x
    It does seem like SBF's lawyers are conveniently skipping over what happened to crypto prices after November 2022.... [image]
  • @jayshams Jacob Shamsian on x
    As expected, SBF's lawyers say the trial judge should have allowed more evidence about victim losses, that he screwed up the parameters of his testimony, and that he should have been able to use an advice-of-counsel defense. They ask for a new judge. [image]
  • @jayshams Jacob Shamsian on x
    the idea that the US Attorney's office in SDNY outsourced its investigation into Sullivan & Cromwell and then violated its Brady obligations by not getting all the S&C material to the defense — fascinating. I wanna read a Matt Levine column about that.
  • @dvnjr Don Van Natta Jr on x
    The only person who judged SBF too quickly— and never changed his mind— was Michael Lewis.
  • @leomschwartz Leo Schwartz on x
    Sam Bankman-Fried just filed his appeal. “Fair trial principles were swept away in a ‘Sentence first-verdict afterwards’ tsunami, as everyone rushed to judgment following FTX's collapse. Sam Bankman-Fried was never presumed innocent.” [image]
  • @aosipovich Alexander Osipovich on x
    SBF has filed his appeal. Its main target: Judge Lewis Kaplan. “The judge continually ridiculed Bankman-Fried during trial, repeatedly criticized his demeanor, and signaled his disbelief of Bankman-Fried's testimony,” SBF's appellate lawyers say. https://www.wsj.com/...