SBF Attempts to Block Witness Testimony Ahead of His Trial

SBF’s attorneys have asked Judge Kaplan to deny the DOJ’s request to permit an FTX customer to testify remotely.

Man in court disgusted with SBF's stinking behaviour.
Created by Kornelija Poderskytė from DailyCoin
  • SBF wants a witness to be barred from testifying in his criminal trial.
  • His lawyers accused the prosecution of “gamesmanship.”
  • The development comes as his trial begins today.

Embattled FTX founder Sam Bankman-Fried (SBF) wants to limit the prosecution’s use of a Ukrainian witness in his criminal trial, slated to begin on Tuesday, October 3, at the Manhattan Federal Court in New York City.

The development comes after the Department of Justice (DOJ) wrote to Judge Lewis A. Kaplan on September 30 and submitted a motion in limine to permit the Ukrainian witness to testify remotely, arguing that his circumstances were unique, making international travel for testimony even “more problematic.”

According to the DOJ, the witness has lost a substantial part of his savings to the collapsed FTX exchange.

“Violation of Sixth Amendment Rights”

In a letter addressed to Judge Kaplan on Monday evening, SBF’s lawyers asked the court to deny the DOJ’s request, stating that the fallen crypto mogul has a constitutional right to “confront the witnesses against him” in court.

Per the attorneys, the DOJ’s request, if granted, would violate Bankman-Fried’s Sixth Amendment Right, which hinges heavily on face-to-face, in-court testimony.

“Because the testimony of FTX Customer-1 would be cumulative and therefore not “material” as required by Second Circuit law regarding remote trial testimony via two-way video, the proposed testimony would violate Mr. Bankman-Fried’s rights under the Confrontation Clause, and the Government’s motion should be denied,” the court document read.

SBF’s attorneys further accused the prosecution of “gamesmanship,” stating that the witness had been handpicked only to brew “sympathy and outrage” among the jury.

As the government intends to prove how SBF allegedly committed wire fraud and misused customer funds, his legal team sought whether they could argue his innocence with “prior good acts.”

Seeking Clarity

Seeking further clarity, the attorneys submitted another letter on Monday, requesting the court’s position on whether SBF would be allowed to present his charitable and philanthropic side and whether he could offer evidence on asset recovery in the ongoing FTX Chapter 11 proceedings.  

Read how SBF contemplated buying off Donald Trump:
Biographer Unpacks SBF’s Plot to Buy off Trump for $5B

Stay updated on how SBF’s trial will go down:
Here’s How SBF’s Trial Will Go Down

This article is for information purposes only and should not be considered trading or investment advice. Nothing herein shall be construed as financial, legal, or tax advice. Trading forex, cryptocurrencies, and CFDs pose a considerable risk of loss.

Author
Brian Danga

Brian Danga, a Kenyan crypto reporter, is dedicated to delivering breaking news and updates from the cryptocurrency world. With a background as a Web3 writer and project manager, he recognizes the importance of unbiased reporting. Holding an LLB degree from the University of Nairobi, Brian's analytical skills contribute to his accurate news reporting. His personal interests include cooking, watching documentaries, reading, and engaging in intellectual discussions.