FTX founder’s legal saga continues as federal prosecutors question the authenticity of a retrial letter attributed to Sam Bankman-Fried (SBF) due to major inconsistencies in signature, address, and delivery method.
SBF’s Retrial Motion Letter Under Scrutiny
On Sunday, the US Department of Justice (DOJ) questioned the authenticity of a letter submitted by Sam Bankman-Fried from prison in support of his motion for a new trial, citing inconsistencies in the signature, address, and delivery method.
In the filing, prosecutors told Judge Lewis Kaplan that the Government did not object “to a reasonable extension for the filing of the defendant’s reply in support of his motion for a new trial.”
However, they affirmed that “there is reason to doubt” that the letter, docketed March 16, was actually submitted by the former FTX CEO. As they stated, the letter was delivered via FedEx, and according to the Federal Bureau of Prisons’ Program Statement 5800.16, inmates are not allowed to send mail via FedEx or other private carriers.
In addition, the envelope indicates that the letter was sent by “S. Bankman-Fried at Terminal Island DOC, San Pedro, CA 90731.” Prosecutors noted that the BOP facility at Terminal Island is a Federal Correctional Institution (FCI), not a Department of Corrections (DOC) facility.
“While the return address indicates it was sent from ‘San Pedro,’ where the facility is located, FedEx tracking shows the package was picked up and shipped from Palo Alto or Menlo Park, California,” the filing highlighted.
Lastly, they also argued that the letter was signed with an “/s/” instead of the SBF’s actual signature. This format is commonly used in electronic legal filings rather than physical prison correspondence.
According to previous reports, Judge Kaplan had extended the FTX founder’s deadline for SBF or his lawyers to request more time to reply to the government’s arguments until March 23, but emphasized that the court doesn’t accept phone calls from litigants or family members.
The judge’s extension and disclaimer follow Barbara Fried’s, SBF’s mother, attempts to request additional time to file papers on her son’s behalf, citing the FTX founder’s limited prison access to files and an anticipated transfer.
DOJ Requests Denial Of FTX Founder’s New Trial Bid
In November 2023, Bankman-Fried was found guilty of seven criminal counts, including fraud and conspiracy. He was later sentenced to 25 years in prison and ordered to pay back $11 billion to FTX customers.
Last year, SBF’s lawyers claimed that the crypto-exchange founder was unjustly convicted and denied a fair opportunity to present his defense due to undue pressure from the media and prosecutors.
In February, Bankman-Fried filed a motion for a new trial without assistance from his legal team, arguing new evidence could tilt the scales in his favor. In his new-trial bid, he affirmed that the testimony from two former FTX executives, Ryan Salame and Daniel Chapsky, could have weakened the government’s case against SBF at trial.
Moreover, he claimed he was a victim of a “weaponized” Biden-era Department of Justice, while requesting a new judge under the argument that Kaplan had “manifest prejudice” toward SBF.
The Department of Justice urged Judge Kaplan to deny Bankman-Fried’s request for a retrial earlier this month, asserting that the defense has not come close to meeting the legal requirements necessary for one.
As reported by Bitcoinist, prosecutors refuted SBF’s claims. They stated that the two former FTX executives were already known to the defense prior to the 2023 trial, rendering any new evidence they presented as irrelevant.
