- The DOJ dismissed SBF’s defense as irrelevant.
- SBF wants to implicate his former attorney on fraud charges.
- The DOJ also seeks to expunge seven expert witnesses lined up by SBF.
The U.S. Department of Justice (DOJ) has filed a new document in court contending that Sam Bankman-Fried’s defense on fraud allegation charges should be dismissed as irrelevant.
SBF, who faces multiple counts connected to the fall of his FTX crypto exchange, has employed a new defense tactic implicating his previous attorney.
The “Advice-of-Counsel” Defense
In the proposed defense argument, SBF stated that his lawyer sanctioned the alleged wire fraud during his tenure as the CEO of FTX. According to him, this doesn’t equate to flouting any laws, as the counsel’s advice confirmed that he was operating within legal parameters.
The DOJ has countered the argument, noting that additional disclosure should be provided to determine whether the proposed defense is relevant and not prejudicial.
“If the defendant does not provide additional disclosures, the court should preclude irrelevant, confusing, and prejudicial questioning, evidence, and arguments about the involvement of attorneys,” read the DOJ’s submission.
The DOJ also stated that SBF allegedly provided false information to Silvergate Bank while opening an account for his North Dimension business venture without informing the counsel, asserting that the attorney didn’t know of SBF’s intention to “misuse” the account.
Exclusion of Proposed Expert Witnesses
The filing follows another development where the DOJ proposed to exclude SBF’s expert witnesses from the upcoming October Trial. SBF had paid seven expert witnesses to appear in the case and testify to his innocence.
The expert witnesses included a law professor, a business school assistant professor, a British lawyer, and four heads of different consulting firms. The prosecution urged the court to exercise its gatekeeping authority and preclude the experts from testifying, noting that their testimony is impermissible and could cause unfair prejudicial or confusion to the jury.
Stay updated on the seven counts to which SBF pleaded not guilty:
Read the latest update on the fall of FTX according to Alameda insider: