Judge Punts on FTX Founder Sam Bankman-Fried's Efforts to Dismiss Some Charges

1 year ago

The justice overseeing Sam Bankman-Fried's transgression proceedings seemed skeptical of his efforts to disregard immoderate of the charges helium faces.

Judge Lewis Kaplan, of the U.S. District Court for the Southern District of New York, asked the FTX founder's defence squad respective questions astir their question to disregard slope fraud, ligament fraud and run concern charges, though helium did not marque a determination connected the motions to disregard during Thursday's hearing.

"I'd similar to congratulate you connected an extraordinarily imaginative [defense]," the justice told 1 defence lawyer who argued that the U.S. Department of Justice was trying to insert caller ineligible theories into its prosecution.

Mark Cohen, different lawyer for Bankman-Fried, argued earlier a packed courtroom that the run concern complaint should beryllium dismissed, oregon astatine slightest severed alongside different charges, connected a method detail.

"The operative papers successful extradition is the warrant of surrender," Cohen said. "It does not database the run concern charge."

Bankman-Fried ne'er consented to beryllium extradited connected that charge, Cohen contended.

A authoritative pushed backmost against this assertion aboriginal on, saying the U.S. had included the complaint successful its extradition request.

The warrant successful question was addressed to Bahamian police, and portion it whitethorn not person included the charge, the Bahamian tribunal itself was alert of it, the authoritative said.

Judge Kaplan seemed unconvinced. He seemed likewise skeptical astir the defense's efforts to disregard slope and ligament fraud charges.

Part of Thursday's hearings focused connected the imaginable timeline done the commencement of the transgression trial. While the DOJ shared a projected timeline, the justice said it didn't springiness him capable clip to reappraisal each of the materials he'd person to look at.

The justice besides denied a fig of motions made by the defence tied to discovery, including an effort to person the DOJ reappraisal FTX documents and materials.

Bankman-Fried's attorneys filed to disregard astir of the charges laid retired against him past month, arguing that determination were a fig of antithetic reasons to assistance the motions. Several of the motions to disregard focused connected claimed ineligible issues, including nonaccomplishment to authorities an offence oregon allege valid spot rights.

Bankman-Fried besides sought to disregard immoderate charges brought aft helium was extradited to the U.S. connected grounds that the Bahamas hadn't consented to them.

Bankman-Fried was arrested past December connected eight archetypal charges, but prosecutors person added another five done multiple superseding indictments. Bankman-Fried's attorneys person argued that nether the U.S.'s extradition pact with the Bahamas, the Bahamas' authorities needs to motion disconnected connected the charges brought post-extradition. On Tuesday, the Bahamas Supreme Court ruled that helium should person an accidental to reason against the state approving the further charges.

Late Wednesday night, prosecutors agreed to clasp off connected these added charges until the Bahamas signed off.

Prosecutors pushed backmost against the different motions, saying the defense's arguments didn't transportation capable value connected the procedural issues.

Edited by Jesse Hamilton.

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