by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Sept 21 – 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 September 19, SBF's appeal of remand was heard by a Second Circuit three judge panel. Inner City Press live tweeted, thread here.
On September 21, the three-judge panel shot SBF's arguments down, including finding that Judge Kaplan "correctly determined that when a person engages in speech to commit a criminal offense such as witness tampering, that speech falls outside the zone of constitutional protection. See United States v. Thompson, 76 F.3d 442, 452 (2d Cir. 1996) (holding that witness tampering in violation of § 1512(b) requires proof of persuasion that is “corrupt” and therefore “does not proscribe lawful or constitutionally protected speech”)."
So SBF remains in the MDC...
More including analysis on Substack here
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