Sam Bankman-Fried's jury only saw 'half the picture,' lawyer says in appeal
By Luc Cohen
Sept 13 (Reuters) -The jury that convicted Sam Bankman-Fried of stealing billions of dollars from customers of his FTX cryptocurrency exchange only saw "half the picture" because the judge did not allow in critical evidence, his lawyer argued in their appeal on Friday.
In a 102-page brief filed with the 2nd U.S. Circuit Court of Appeals, Bankman-Fried's lawyer wrote that U.S. District Judge Lewis Kaplan erred in preventing the 32-year-old former billionaire from introducing evidence to back up his belief that FTX had enough funds to cover customer withdrawals.
"The government thus presented a false narrative that FTX's customers, lenders, and investors had permanently lost their money," lawyer Alexandra Shapiro wrote in urging the appeals court to overturn Bankman-Fried's conviction and 25-year prison sentence. "The jury was only allowed to see half the picture."
A representative of the U.S. Attorney's office in Manhattan, which brought the charges, declined to comment.
Criminal defendants face a high bar in getting their convictions overturned, as they must show that trial judges made errors that were significant enough to have affected the verdict.
FTX declared bankruptcy in November 2022 after a flurry of customer withdrawals, marking a swift fall from grace from Bankman-Fried, who had earned a reputation as an honest broker in the rough-and-tumble cryptocurrency industry and rose to prominence through lavish philanthropic and political donations.
FTX has said its customers will receive 100% recovery on their claims against the company, based on the value of their accounts at the time it filed for bankruptcy. Cryptocurrency prices were lower then than they are now, leaving some customers feeling short-changed.
In criminal charges brought in December 2022, prosecutors accused Bankman-Fried of stealing $8 billion in customer funds to plug losses at Alameda Research, his crypto-focused hedge fund.
At his late 2023 trial, Bankman-Fried admitted to making mistakes running FTX but testified that he never stole funds. He placed much of the blame on other FTX executives.
Jurors did not buy his explanation, and convicted him on the two counts of fraud and five counts of conspiracy he faced. In sentencing Bankman-Fried in March, Kaplan said Bankman-Fried knew his actions were wrong but "made a very bad bet about the likelihood of getting caught."
Bankman-Fried is currently being held at the Metropolitan Detention Center in Brooklyn.
Reporting by Luc Cohen in New York; Editing by Daniel Wallis
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
