Saturday, December 31, 2022

FTX Criminal Arraignment Jan 3, Judge Kaplan to Preside With No Cell Phones in Courtroom

 

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Dec 28 -  Caroline Ellison of Alameda Research and Gary Wang of FTX quietly pleaded guilty on December 19, while Sam Bankman-Fried was still in the Bahamas, not yet consenting to extradition to the United States for trial.

  The transcripts of the two guilty pleas were ordered sealed by U.S. District Court for the Southern District of New York Judge Ronny Abrams, who cited "law enforcement's other interests in connection with this prosecution." To her credit, Judge Abram denied a defense request to seal the courtroom. And if it had been a request from Main Justice? In any case, there was no notice of the proceeding. 

Late on December 23, citing her husband's partnership in the Davis Polk lawfirm, Judge Abrams recused herself from the SBF / FTX criminal case: "It has come to the Court’s attention that the law firm of Davis Polk & Wardwell LLP, at which my husband is a partner, advised FTX in 2021, as well as represented parties that may be adverse to FTX and Defendant Bankman-Fried in other proceedings (or potential proceedings). My husband has had no involvement in any of these representations. These matters are confidential and their substance is unknown to the Court. Nonetheless, to avoid any possible conflict, or the appearance of one, the Court hereby recuses itself from this action." Order on Inner City Press' Document Cloud here.

On December 27, the case was reassigned to SDNY District Judge Lewis A. Kaplan, who recently presided over the civil sexual abuse trial in Rapp v. Kevin Spacey, with Spacey winning. Others pointed to the Donziger case, to Poker Stars and others.

On December 28, Judge Kaplan reaffirmed the January 3 scheduled of now-recused Judge Abrams: "Set/Reset Hearings as to Samuel Bankman-Fried: Arraignment and Initial Appearance set for 1/3/2023 before Judge Lewis A. Kaplan." It was noted that cell phones are not allowed in his courtroom - this is on two signs directly in front of the courtroom with contempt of court sanctions mentioned.

Meanwhile it was reported that Bankman-Fried in Palo Alto was speaking to / spinning Michael Lewis of Money Ball fame. Watch this site.

 After SBF was released on $250 million mostly unsecured bail - Inner City Press live tweeted thread and story here - the following morning, December 23, the two transcripts were unsealed. 

  Inner City Press quickly tweeted screen shots of Ellison's guilty plea allocution, thread here.

Now the same on Gary Wang, on Patreon here -

 note that Wang was also ordered to have "no contact with co-defendants." More differences on Patreon here

Inner City Press will have more on this - including via its Freedom of Information Act requestgranted expedited treatment by the Federal Reserve Board on December 23. Watch this site.

The case is US v. Bankman-Fried, et al., 22-cr-673 (Kaplan)

sdny

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