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Sam Bankman-Fried’s attorneys denied that the previous FTX CEO’s interview with a New York Instances reporter amounted to witness tampering and that he ought to thus not be jailed earlier than his trial for felony fraud.
They argued in an August 1 letter to Decide Lewis Kaplan that there are not any grounds for his bail to be revoked, including that it was inside his rights to speak with the newspaper. The prosecution’s assertion that SBF’s “feedback will need to have been designed to intimidate witnesses or improperly affect the trial” had been incorrect, relying closely on assumptions and unsupported inferences and innuendo, they mentioned.
Bankman-Fried is charged with allegedly scheming to defraud buyers within the bankrupt crypto trade FTX.
Bankman-Fried neither tried to threaten or slur Caroline Ellison, the previous CEO of FTX affiliate Alameda Analysis, they added. .
SBF denies witness tampering amid leak of ex-girlfriend’s diaryLawyers for Sam Bankman-Fried declare that his alleged sharing of Caroline Ellison’s diary with the New York Instances doesn’t quantity to witness tampering.
— Mr Legend Crypto (@mrlegendcrypto) August 2, 2023
“It was a correct train of his rights to make truthful touch upon an article already in progress, for which the reporter already had alternate sources,” the letter mentioned. “The total report displays that Mr. BankmanFried acted in good religion and with none improper or corrupt intent.”
As such, they mentioned his detention forward of trial, as requested by the prosecution, was unwarranted.
The letter was an response to claims made by the US Division of Justice that alleged Bankman-Fried leaked Ellison’s diary to the New York Instances as a strategy to intimidate and threaten an vital authorities witness in his case.
SBF’s Antics: Witness Intimidation or a Bona-Fide Protection Technique?
In a letter to Decide Lewis Kaplan, US DOJ needs SBF’s bail revoked. DOJ argues that SBF has twice tried to tamper with witnesses, most lately when SBF leaked his colleague/ex-girlfriend’s diary entries… pic.twitter.com/QC7FHmG7OP
— John Reed Stark (@JohnReedStark) July 29, 2023
Decide Kaplan had instructed attorneys to submit written arguments earlier than he decided on whether or not Bankman-Fried needs to be imprisoned or allowed to stay in his dad and mom’ Palo Alto, California, residence, the place his digital communications are tightly restricted and are topic to authorities surveillance.
The DOJ mentioned that by collaborating within the interview and sharing the diary, he was “ circumventing his bail situations” which justified the necessity for its revocation.
Bankman-Fried’s Attorneys Suggest an Order
SBF’s protection group additionally claimed that the article portrayed Ellison in a sympathetic method, hurting the protection greater than the prosecution. The article, entitled ‘Contained in the Personal Writings of Caroline Ellison, Star Witness within the FTX Case,’ revealed particulars together with Ellison’s emotions of being overburdened by her career, and her disappointment at her breakup with Bankman-Fried.
Contained in the Personal Writings of Caroline Ellison, Star Witness within the FTX Case https://t.co/SBktYyvJSR
— Sean Graf (@seangraf) July 20, 2023
“The Authorities is a minimum of partially liable for this deluge by repeatedly utilizing the press to tout its proof towards Mr. Bankman-Fried,” the attorneys mentioned.
Additionally they mentioned that if Bankman-Fried had been imprisoned, it could be arduous for him and his attorneys to successfully put together for the trial as a result of he wants entry to thousands and thousands of paperwork, a few of which might solely be learn on-line.
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