Saturday, May 27, 2023

FTX Bankman-Fried on 7 Motions to Dismiss or Sever Now Gets June 15 Oral Argument


By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, May 12 – Sam Bankman-Fried of FTX was indicted in the U.S. District Court for the Southern District of New York, leading to his arrest in the Bahamas on December 12, and extradition to the US on December 21.

On February 28, with Bankman-Fried free on bond, FTX's Nishad Singh pleaded guilty to six criminal chargesInner City Press put the charging document on its DocumentCloud here.

On March 10, Judge Kaplan held a proceeding. Inner City Press was there and live tweeted, thread here.

On March 27, Bankman-Fried's lawyers filed a sealed version of conditions it said DOJ agreed to - adding that "the Government does not object to the sealing request." Full letter on Patreon here.

 On May 8SBF's lawyers wrote in to Judge Kaplan, as he presided over closing arguments in Carroll v. Trump: "Samuel Bankman-Fried hereby moves through his counsel as follows: Pretrial Motion No. 1: Motion to dismiss Counts 9, 10, 12 and 13 pursuant to the rule of  specialty, or in the alternative, for disclosure of additional  discovery from the Government pursuant to Fed. R. Crim.  P. 16(a)(1)(E)(i); Pretrial Motion No. 2: Motion to dismiss Counts 7-9 and 1-2 pursuant to Fed. R. Crim.  P. 12(b)(3)(B)(v) for failure to state an offense for failure to  allege a valid property right; Pretrial Motion No. 3: Motion to dismiss Counts 3-4 and 10 pursuant to Fed.  R. Crim. P. 12(b)(3)(B)(v) for failure to state an offense; Pretrial Motion No. 4: Motion to dismiss Counts 12-13 pursuant to Fed. R. Crim P.  12(b)(3)(B)(v) for failure to state an offense, and to dismiss  Count 13 pursuant to Fed R. Crim. P. 12(b)(3)(A)(i) for improper venue or in the alternative, to sever Counts 12-13 pursuant to Fed. R. Crim. P. 12(b)(3)(B)(iv) & 12(b)(3)(D)." Full letter on Patreon here.

On May 23, Judge Kaplan set June 15 for the argument: "Reset Hearing Time as to Samuel Bankman-Fried: Oral Argument regarding DI 136 set for 6/15/2023 at 10:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan."

More with analysis on Substack here

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