Saturday, April 1, 2023

In FTX Bankman Fried Case Foreign Corrupt Practices Act Count Added in Superseder


By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, March 28 – 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 March 28, another superseding indictment but continued kid gloves on detention. The US wrote: "On March 27, 2023, the grand jury returned a thirteen-count superseding indictment (the “S5 Indictment”), which is attached as Exhibit 1. The S5 Indictment, which was unsealed this morning, includes the twelve counts contained in the S3 Superseding Indictment, as well an additional count for conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (“FCPA”), in violation of 18 U.S.C. § 371 (“Count Thirteen”). The defendant has not yet been arraigned on five of the thirteen charges in the S5 Indictment. The Government therefore requests a pretrial conference in order to arraign the defendant on the S5 Indictment and to resolve the outstanding issues pertaining to the defendant’s conditions of release. The new charge does not change the Government’s position with respect to the appropriate conditions of release" - why not?

The inexplicable double standards continue.

More with analysis on Substack here

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