by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 22 – Sam Bankman-Fried of FTX on August 11, 2023 for tampering with witnesses in the upcoming trial against him was ordered remained to jail.
U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan heard from prosecutors that in Putnam County Correctional Facility, SBF could be given access to discovery material over the Internet.
Kaplan replied that he assumed the defendant would be in the Metropolitan Detention Center in Brooklyn, like fellow crypto-fraud defendant Miles Guo and others.
On August 12 Inner City Press, which published the first book about SBF's remand ("Crypto Creeps," here, sample on Substack here) found the Bureau of Prisons notice, listing SBF in the MDC.
On August 14, the DOJ prosecutors docketed their superseding indictment against SBF, with Count 8, Campaign Finance, dropped ostensibly at the request of the Bahamas. Inner City Press immediately published the superseding indictment on its DocumentCloud here.
It mentions the Bahamas twice (only as real estate), and campaign finance four times: "Exploiting the trust of FTX customers, BANKMAN-FRIED misappropriated and embezzled FTX customer deposits, and used billions of dollars in stolen funds... to help fund over a hundred million dollars in campaign contributions to Democrats and Republicans to seek to influence cryptocurrency regulation."
SBF World was the second largest donor to Democrats in the 2022 cycle...
On August 22, SBF was arraigned by SDNY Magistrate Judge Sarah Netburn. Thread:
OK - now at Sam Bankman-Fried arraignment on superseding indictment (which drops campaign finance charges). He's been brought in wearing MDC jail beige
District Judge Kaplan, who is allowing Bankman-Fried to stay in the courthouse until 3 pm today with laptop and Internet (but has not allowed the same for other days - yet?) has referred the arraignment to the week's duty
Magistrate Judge, Sarah Netburn All rise! Judge Netburn: Good morning Mr. Bankman-Fried. We are here to arraign you. Have you reviewed the sixth superseding indictment. Have you reviewed it? Bankman-Fried: Yes.
Judge Netburn: You are charged in seven counts [Count 8, campaign finance charges, is gone]
How do you plead? Bankman-Fried: Not guilty. AUSA: We'd like to exclude time until the trial, October 3. Mark Cohen for SBF: We'd like to raise two topics regarding the MDC Chris Everdell for SBF: There are serious Sixth Amendment issues. Our client cannot prepare for trial. He was remanded since August 11. No discovery for 11 days, six weeks from trial. It is voluminous, it can only be reviewed online...
Everdell: We have been offered only fictions as solutions. They mentioned Putnam County Correctional Facility - but we're told that's not an option. Then they said they'd ask the MDC if our client could have an Internet enable computer in the MDC.
Everdell: Now the offer is to bring our client to this courthouse two days a week, 9 to 3. But that means it's gone from unlimited access to two days a week, and not even full days. Even if he's able to look at it, he can't communicate his thoughts to us
Everdell; Apparently he'll have a pencil and paper and can hold it up to us through the glass. He needs to analyze... Judge Netburn: I'm new to this case. Can a war room be made available?
Everdell: That's what we're requesting, proffer room, us with our laptops
[Note: Some question why this was referred to a Magistrate Judge who, while experienced, acknowledges she's new to this case, to hear these arguments for an unprecedented "war room" for SBF.]
AUSA: These issues are before Judge Kaplan, who denied this request
AUSA: So there's no need for this Court to double team this. Judge Netburn: Interesting. Mr. Everdell, were you aware of this? Magistrate Judges don't typically hear appeals of District Judge's decisions. Everdell: We just wanted to raise it.
Mark Cohen: There are medical issues. My client takes Adderall... And like many people in the world, he follows a vegan diet. He had not received his Adderall at all, in the last 11 days. Notwithstanding a court order. A few Emsams, he's fearful they will run out.
Mark Cohen: They are serving him a flesh diet. He is only eating bread and water, and sometimes peanut butter. This is one of the most complex cases in this courthouse. This is outrageous and it needs to be remedied. Judge Netburn: I will look into this, today
Judge Netburn: I believe they offer vegetarian diet, not necessarily vegan. I hope that's the compromise. Mark Cohen: They only provide flesh.
AUSA: Judge Kaplan ordered the medication on August 14. This is the first we're hearing he hadn't gotten it. Defense: We did raise Adderall to the government... Judge Netburn: I'll make sure it's addressed right away. Do I need dosages?
Defense: I don't have Judge Kaplan's order with me. Judge Netburn: Nothing further? We're adjourned.
More August 22 details on Substack here
More book sample on Substack here. Extended on Patreon here.
Book here
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