by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 30 – 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.
On August 25 SBF's lawyers wrote in again, saying two days a week in the holding cell with a laptop is not enough. Full letter on Patreon here
On August 29, the US filed that "the USMS has also offered to transport the defendant two days per week to the 500 Pearl Street cellblock... after only two prior sessions, the defendant declined this week to take advantage of this accommodation, citing dissatisfaction" - full letter on Patreon here
On August 30, Judge Kaplan held a hearing, resulting in him asking for a report on discovery review by Sepember 5, and telling the defense to ask for an adjournment of trial, if they're going to, by September 1. Inner City Press thread:
Judge Kaplan: We're address the motions in limine, the MDC situation, then the advice of counsel defense... SBF's lawyer: We are getting discovery late, because of the speed with which the government chose to charge this case - Judge: It was the grand jury.
SBF's lawyer: We chose an aggressive date for our client to clear his name. But we have a right to discovery. Judge Kaplan: You're complaining that the government got the information late, correct?
SBF's lawyer: They charged the case before they ask for these docsSBF's lawyer: Our client is in jail and can't search these documents as he could when he was out. Judge Kaplan: Anything else? SBF's lawyer: Do they plan additional productions? This is too late in the game. Judge Kaplan: You haven't asked for more time.
Judge Kaplan: Would you like to ask [for more time]?
SBF's lawyer: Not at this time.
Judge Kaplan: Has you gotten FTX's code base? SBF's lawyer: We got it from the debtors. But our client has to look at it online. Judge Kaplan: What about your 7 expert witnesses? Inner City Press @innercitypress · 58m SBF's lawyer: It's a bespoke code base -
Judge Kaplan: A what?
SBF's lawyer: A bespoke code base, best understood by those who designed it. Judge Kaplan: The code basis edits, did you ask the FTX debtors for it? SBF's lawyer: I have to go back and check my notesJudge Kaplan: Both sides proposed this schedule. I approved it.
Assistant US Attorney: Correct. The defense keeps asking for the Slack messages the FTX debtors have. We are transferring them. They are text searchable. Then there's the Google docs - they're his own
AUSA Rehn: The FTX debtors tell us they have provided the defense to the code base edits, which they call the Commit history. We told them we had to processing the Slack messages from Gary Wang's laptop. There's no surprise. SBF's lawyer Everdell: There is...
Judge Kaplan: I'm not going to be precluding any of them [from use at trial.] In the defense's letter of Aug 28, the accusations of broken promises are not at all accurate. In January the government made clear it would obtain information on an ongoing basis
Judge Kaplan: These Google documents, the defendants had essentially unfettered access to from his parents' home until he was detained on August 11. Now the defense claims concerning an alleged deluge of documents is seriously exaggerated. I will not preclude
Judge Kaplan: If the defendant feels he needs a postponement, they can ask for it. I'm not saying I would necessarily grant it. They'd have to demonstrate a need - not just recount the number of documents. There's got to be more meat on those bones.
Judge Kaplan: The deadline for me to request a jury for an October 3 trial is September 7. So if you are going to move, do it by the end of this week. We already have a second trial date, March 11, held against the possibility the Bahamas grants consent.
Judge Kaplan: I'm not saying I would grant an extension. I'll just laying all the cards on the table, reserving all rights. Let's go to the MDC issues. Why doesn't he have the hard drives? And to the defendant, what's the problem with the battery life? Get a cord
Judge Kaplan: I will want to hear from the defense why the defendant did not avail himself of the opportunity to come to the courthouse twice this week. AUSA Kudla? AUSA Kudla: We got approval for the laptop, we got it this morning and delivered it prior to this
AUSA Kudla: The laptop can be used every weekend 8 am to 7 pm, Saturday and Sunday from 8 to 3. The hard drives, BOP Legal has agreed to procedures which will expedite this - they can give them in visiting hours. On battery life, it's faster for them to order it
AUSA Kudla: He is able to review discovery 70 hours a week. Counsel can visit him 7 days a week. This is not a pro se defendant - he has many lawyers & experts, who prepare around the clock. Judge Kaplan: What about the Internet connection? AUSA: It's not 5G
Judge Kaplan: They complain about the cell block. What about the proffer room? AUSA Kudla: Using the Marshals there takes them away from other defendants. SBF's lawyer Mark Cohen: Until now, there's been no Microsoft Office suite. With that, he can take it back
SBF's lawyer: First time he showed up, there was only one hour charge on the battery. Judge Kaplan: You could be the ones to bring backup battery. SBF's lawyer: He wanted to bring papers, but no. There always something. We have no faith. We want temporary release
Judge Kaplan: I'm not going to rule on this application now. I'd like a joint report Tuesday morning concerning the exact situation at the MDC as of that time. We'll see. If there'll be an application for more time by the defense it would best be made by Friday
Judge Kaplan: On advice of counsel, I'd like a joint proposal by the close of business Friday. I'll resolve that over the weekend. I'm grateful for the zealous advocacy. Anything else? SBF's lawyer: Not from the defense. AUSA: We don't think adjournment needed
Judge Kaplan: I would wish you a good weekend but that would be rubbing salt in an open wound. Have the best one you can. Adjourned.
On August 22, SBF was arraigned by SDNY Magistrate Judge Sarah Netburn. Thread
More August 22 details on Substack here
More book sample on Substack here. Extended on Patreon here.
Book here
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