The United States government sent A letter to Judge Lewis Kaplan on September 27, stating that she opposes Sam Bankman Fried (SBF)’s request and representation for temporary release from prison prior to his trial on October 3. The judge is scheduled to hear the arguments of both parties later today.
In its filing, the government asked Kaplan to deny the SBF’s request, which was filed on September 25.
The government said the defendant’s claims of inability to “participate meaningfully” in his own defense, warranting release, “do not outweigh the risk posed by these conditions of release in light of the defendant’s past conduct.”
“Danger” was listed as “danger to the community and/or escape.” She also said the renewed proposal “recycles” the generalized claims and cited two previous times in which the court had objected to similar requests.
The first was on September 12 when SBF’s request for immediate release pending trial was denied due to multiple factors.
These included the defendant’s “extensive access to electronic discovery for 7 1/2 months before bail was revoked shortly before trial,” and failure to provide any details about specific materials he claims he does not have access to, among other things.
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The second case cited was on September 21 when a three-judge panel of the 2nd U.S. Circuit Court of Appeals denied SBF’s request for release and called the arguments “unpersuasive.”
The prosecution also highlighted that in this second denial, the appellate court also affirmed the conclusion that “there was probable cause to believe that defendant attempted to tamper with two witnesses in violation of 18 USC § 1512(b), specifically that she acted with the unlawful intent to influence On these witnesses.”
Against this “background”, the government agreed that the renewed proposal “suffers” from the same defects as the first proposal.
Bankman-Fried’s criminal trial is scheduled to take place in New York City on October 3, where he will face seven counts of fraud that occurred during his tenure at FTX and Alameda Research.
In March 2024, he will be tried on five additional charges in a separate criminal trial. SBF has already pleaded not guilty to all charges.
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