Saturday, June 10, 2023

FTX Bankman-Fried From Palo Alto Complains About Discovery From Ellison Laptop


By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, June 5 – 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."

On May 30, Bankman-Fried asked for a subpoena to get information from the Fenwick & West law firm, including "Attachment 3: SDNY_03_00054152 (“Confer with Silvergate; prepare material; regulatory advice on foreign jurisdictions”)." Full request on Patreon here.

On June 5, SBF complained about discovery - while Miles Guo was asking to get access to any laptop. SBF's lawyerwrote, "The Government has now missed several discovery deadlines that it offered to the Court by a month or more. At the conference on March 10, 2023, the Government stated that it would produce by the end of March the contents of the five remaining electronic devices: Caroline Ellison’s laptop and iPhone (Devices D and E), Gary Wang’s laptop (Device B), and the contents of two laptops provided by two FTX software developers (Devices A and C). See Tr. of 3/10/2023 Conf. at 5:13-9:10. At the conference on March 30, 2023, the Government revised this schedule promising that it would finish producing the contents of the five electronic devices by the first week of April, except for Gary Wang’s laptop which it represented would be produced by the end of April. See Tr. of 3/30/2023 Conf. at 5:20-8:24. The Government also promised at both the March 10th and March 30th conferences that it would produce the voluminous documents obtained from a search warrant for 30 different Google accounts (the “Google Search Warrant Documents”) by the end of April. See Tr. of 3/10/2023 Conf. at 9:13-12:07; Tr. of 3/30/2023 Conf. at 8:25- 9:17. The Government has failed to meet these deadlines." Full letter on Patreon here.

More with analysis on Substack here

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