The United States government sent a letter to Judge Lewis Kaplan on September 27 stating that he opposes the motion of Sam Bankman-Fried (SBF) and his representation for temporary release from jail before his October 3 trial. the judge is programmed to listen to arguments from both sides later today.
In its filing, the government asked Kaplan to deny The SBF petitionwhich was presented on September 25.
The government said the defendant's claims of being unable to “meaningfully participate” in his own defense, which justifies his release, “do not outweigh the danger posed by such conditions of release in light of the defendant's prior conduct.”
The “danger” is listed as “danger to the community and/or flight.” He also said the renewed motion “recycles” widespread claims and cited two previous occasions in which the court objected to similar requests.
The first was on September 12 when the SBF Request for immediate release pending trial. was denied due to multiple factors.
These included “the defendant's extensive access to electronic discoveries for seven and a half months before his bail was revoked shortly before trial” and failure to provide details about specific materials he claims he cannot access, among others.
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The second case mentioned was on September 21 when a three-judge panel of the US Court of Appeals for the Second Circuit. denied SBF's release request and described the arguments as “not convincing.”
The prosecution also noted that in this second denial, the Court of Appeals also affirmed the conclusion that “there was probable cause to believe that the defendant attempted to tamper with two witnesses in violation of 18 USC § 1512(b), and specifically that he acted with the illegal intention of influencing those witnesses.”
Based on this “backdrop,” the government agreed that the renewed motion “suffers” from the same defects as the first motion.
Bankman-Fried's criminal trial in New York City is scheduled for October 3, during which she will face seven charges related to fraud that occurred during her time 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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