In a Sept. 26 submitting, Decide Lewis Kaplan, presiding over the prison case towards Sam Bankman-Fried, the previous CEO of cryptocurrency alternate FTX, issued rulings on the admissibility of sure forms of proof in his forthcoming prison trial.
Decide Kaplan started by ruling that authorities prosecutors are permitted to introduce direct proof of Bankman-Fried’s alleged crimes.
This contains proof of actions both approved by, directed by, or carried out by Bankman-Fried. Particular proof considerations false statements to an unnamed financial institution, unlawful marketing campaign financing, bribery of a Chinese language official, the creation and manipulation of FTX’s FTT token, and prioritization of funds to sure collectors after FTX’s collapse.
Notably, the choose declined to rule instantly on the admissibility of proof associated to auto-delete insurance policies that erased FTX communications. Decide Kaplan stated that this can be admissible with a purpose to present that Bankman-Fried knew of and supposed his alleged crimes. Nonetheless, he famous that Bankman-Fried intends to introduce proof that the auto-delete insurance policies had been launched in good religion and with counsel involvement.
The choose famous that any threat {that a} jury might convict Bankman-Fried solely on explicit items of proof may be “foreclosed by an applicable instruction.”
Decide denies sure authorities requests
Decide Kaplan explicitly denied a request by which prosecutors aimed to find out that complete classes of out-of-court statements and excerpted out-of-court statements are permissible. This space largely contains statements from Bankman-Fried’s former colleagues, together with however not restricted to Caroline Ellison. The choose stated that every piece of proof on this space should be admitted individually.
Prosecutors moreover requested for the choose to find out that sure paperwork are self-authenticating and in want of diminished cross-examination from file custodians. Decide Kaplan as soon as once more denied this authorities movement.
Prosecutors additionally requested for Bankman-Fried to be precluded from introducing sure proof deemed “irrelevant or unfairly prejudicial.” Decide Kaplan largely granted or didn’t instantly situation a ruling on these requests. Nonetheless, he did reject one request on this space: opposite to the federal government’s needs, Bankman-Fried might be permitted to cross-examine witnesses in regards to the phrases of service on FTX’s web site.
On an identical word, Bankman-Fried might be allowed to cross-examine witnesses about paperwork and subjects protected by the attorney-client privilege.
Lastly, Decide Kaplan denied a movement to forestall Bankman-Fried from asking witnesses about their very own leisure drug use — a matter seemingly associated to stories in 2022 that recommended such exercise amongst FTX insiders. Although Bankman-Fried might be allowed to lift this subject, he might want to present discover earlier than doing so in entrance of the jury.
Decide largely denies SBF’s requests
Decide Kaplan subsequent dominated on motions from Bankman-Fried and his authorized crew. The defendant largely aimed to forestall prosecutors from introducing sure proof.
Critically, Bankman-Fried aimed to forestall the federal government from introducing info associated to the chapter of FTX and Alameda Analysis. Bankman-Fried additionally tried to dam the introduction of proof associated to his personal resignation from FTX.
Decide Kaplan denied these requests. He stated that precluding this proof would “go too far” and famous that the undisputed details surrounding the chapter and resignation are intently linked with Bankman-Fried’s alleged crimes. As soon as once more, Kaplan stated that the chance {that a} jury might convict Bankman-Fried solely on this proof may be mitigated.
Bankman-Fried moreover tried to forestall the federal government from introducing statements and promoting supplies associated to FTX.US, an American firm that largely operated individually from FTX. The choose denied this request, dismissing Bankman-Fried’s concern that the proof that might be introduced by the federal government could lead on an inexpensive particular person to imagine that the FTX.US materials pertains to FTX itself.
Bankman-Fried’s trial is ready for Oct. 3 and can concern expenses associated to fraud and cash laundering. A later trial will concern marketing campaign financing and different expenses.
