Defense Team of Sam Bankman-Fried Renews Call for ‘Temporary Release’ Ahead of October Trial

Attorneys for FTX founder Sam Bankman-Fried have filed a request to get his “temporary release” from detention or, alternatively, to enable him to meet with his defense team five days a week. The request is predicated on Bankman-Fried’s right to assist in the preparation of his defense, expressing worries that his present incarceration prevents him from accessing critical papers required for case review.

Bankman-Fried’s defense team claims that his right to participate to his defense is jeopardized by his arrest because the papers critical to his case are only available online. The defense team underlines the need of Bankman-Fried’s participation in his own defense, claiming that anything less than temporary release would not enough to meet these issues.

The defense team’s letter, penned by attorney Christian Everdell, highlights the need for Bankman-Fried to have internet-enabled access to documents. Given the vast number of documents generated during the discovery process, including millions of pages, the defense argues that Bankman-Fried requires the ability to review, edit, and share these materials. The importance of efficient communication and work collaboration with his attorneys is emphasized.

The current restrictions placed on Bankman-Fried’s access to documents and the internet have posed challenges to his defense preparations. While he has limited access to a laptop during his time at the federal courthouse in Manhattan, this access is restricted to six hours a day, two days a week. This is a significant reduction from the extensive hours he previously dedicated to his work.

The defense team raises concerns about the Department of Justice’s ongoing discovery production, indicating that prosecutors introduced over 4 million new pages of documents recently. In light of this massive influx of materials, the defense requests a block on any discovery produced after July 1, citing the limited time available for thorough review ahead of the trial.

Judge Lewis Kaplan, who is presiding over the case, has requested that prosecutors answer to the defense team’s petition by Tuesday, August 29. On Wednesday at 1:00 p.m. ET, a virtual hearing to address discovery concerns has been arranged. Bankman-Fried is charged with seven counts, including wire fraud and conspiracy to conduct securities and commodities fraud, and his trial is scheduled to begin in early October.

As the judicial processes progress, Bankman-Fried’s defense team pleads for the preservation of his right to actively engage in the preparation of his case. The move is a concerted attempt to secure a fair and thorough case assessment, showing the changing forces at work in this high-profile legal action.