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Sommario:Sam Bankman-Fried appeals his $8B FTX fraud conviction, accusing Judge Lewis Kaplan of bias in the trial. The defense highlights unfair treatment and blocked evidence.
Sam Bankman-Fried, a former cryptocurrency billionaire, has formally filed an appeal against his conviction for fraud in connection with the collapse of FTX, his once-prominent cryptocurrency exchange. Bankman-Fried, who was sentenced to 25 years in jail earlier this year, is requesting a new trial, claiming that the judge hearing his case, US District Judge Lewis Kaplan, acted unfairly throughout the proceedings.
Bankman-Fried's new legal team, headed by attorney Alexandra Shapiro, filed a 102-page appeal with the Second Circuit Court of Appeals. The brief harshly criticizes Judge Kaplan's management of the trial, claiming that his actions denied Bankman-Fried a fair trial and implying that the judge's apparent prejudice impacted the jury's verdict.
In his appeal against Judge Lewis Kaplan, Sam Bankman-Fried argues that he was denied the presumption of innocence, a basic principle in the US judicial system. According to the appeal, Judge Kaplan's behavior throughout the trial indicated that he had already assumed Bankman-Fried's guilt before the trial started. The defense claims that this produced an atmosphere in which the jury was more likely to be affected by the judge's apparent prejudice than by the facts presented.
The former millionaire, who was found guilty of seven charges of fraud and conspiracy in November by a New York jury, maintains his innocence. The allegations arose from fraudulent operations committed by FTX and its subsidiary, Alameda Research, which combined misused $8 billion in consumer monies. The conviction highlighted Bankman-Fried's spectacular fall from grace since he had been a prominent player in the Bitcoin business and a substantial political contributor.
One of the fundamental grounds of Bankman-Fried's appeal is the claim that FTX clients did not incur irreversible financial losses. According to the defense, the bankruptcy procedures begun after FTX's collapse were designed to compensate creditors for more than their initial claims, contradicting the prosecution's story throughout the trial.
The defense claims that Judge Kaplan barred Bankman-Fried from presenting this argument to the jury, skewing the trial in favor of the prosecution. The complaint contends that the government's representation of FTX clients as having permanently lost their money was deceptive and that the jury was only given a limited picture of the circumstances.
The appeal also claims that the prosecutors in the case collaborated too closely with the bankruptcy estate, undermining Bankman-Fried's defense. The defense team claims that they were denied access to essential material that may have enhanced their case because Judge Kaplan declined to order discovery or a hearing to determine whether the bankruptcy administrators were effectively functioning as an extension of the prosecution.
If proven, this argument might have serious consequences, implying that the trial was jeopardized by an unlawful link between the prosecution and the companies in charge of FTX's bankruptcy.
The appeal comes as other former FTX executives, including Caroline Ellison, Nishad Singh, Gary Wang, and Ryan Salame, have pleaded guilty to different counts and worked with the prosecution in the Bankman-Fried case. Their testimony was critical in achieving his guilt, and their punishment is pending.
Ellison, Singh, and Wang are set to be sentenced in the coming months, and their cooperation is likely to figure into their ultimate sentences. Meanwhile, Ryan Salame has already been condemned to 75 years in jail, in sharp contrast to Bankman-Fried's 25-year sentence.
The decision of Bankman-Fried's appeal might have far-reaching implications, not just for his personal future but also for the Bitcoin sector as a whole. A successful appeal might result in a retrial, bringing additional scrutiny to Judge Kaplan's and the prosecution's activities, but a denial could seal Bankman-Fried's destiny and emphasize the gravity of the allegations against him.
As the appeal process progresses, all eyes will be on the Second Circuit Court of Appeals to see whether Bankman-Fried can reverse his conviction or continue to face the ramifications of Bitcoin's most significant fraud case.
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