Appeals Court Considers FTX Founder’s Retrial Motion
Next week marks a critical moment for Sam Bankman-Fried as the Second Circuit Court of Appeals hears arguments challenging his conviction and 25-year prison sentence. The hearing, scheduled for November 4, will give both prosecutors and Bankman-Fried’s new defense team just 10 minutes each to present their cases. This isn’t about re-examining the fraud charges themselves, but rather whether the original trial was conducted fairly.
Bankman-Fried’s legal team, now led by prominent appellate attorney Alexandra Shapiro, argues that District Judge Lewis Kaplan showed bias throughout the trial. They claim his comments undermined their defense and that the proceedings were fundamentally unfair. It’s a high bar to clear, though. Appellate courts typically hesitate to overturn trial court decisions, especially in complex financial cases.
Unusual Trial Procedures Under Scrutiny
One particularly unusual aspect of the original trial that might get attention is what the defense calls a “deposition” – a dry run where Bankman-Fried had to preview his testimony for the judge before facing the jury. His team argues this violated his right to present his story directly to the jury without first convincing the judge. Legal experts note this procedure was pretty exceptional, though prosecutors counter that judges must decide admissibility issues.
The appeals panel might question whether this gave prosecutors “two bites of the cross-examination apple” or created an imbalance in how evidence was presented. If the judges pursue this line of questioning during the hearing, it could signal they have concerns about the trial’s impartiality.
Legal Hurdles and Recent Precedent
Bankman-Fried faces additional challenges from recent Supreme Court rulings. The Court’s unanimous decision in Kousisis v. United States clarified that fraud convictions don’t require proof the perpetrator intended economic harm – just that they took money under false pretenses. This undermines one of Bankman-Fried’s key arguments that he didn’t intend to defraud victims and planned to repay everyone.
Legal experts suggest the hearing’s length and the types of questions asked will reveal the panel’s leanings. A lengthy, probing session might indicate the judges are seriously considering ordering a new trial. A quick, routine hearing would likely mean they’ll affirm the conviction.
Beyond the Courtroom
Even if the appeal fails, Bankman-Fried appears to be pursuing other avenues. Recent social media activity and appearances suggest he’s lobbying for a presidential pardon. However, experts note he faces an uphill battle compared to other pardoned crypto executives. His political donations to Democrats and reported consideration of paying Donald Trump not to run for reelection might complicate any pardon prospects.
The hearing represents perhaps the last realistic chance for Bankman-Fried to challenge his conviction through the legal system. While his team has raised legitimate procedural concerns, the weight of evidence and recent legal precedents make success unlikely. The appeals court’s decision will determine whether the FTX founder’s legal battle continues or if his 25-year sentence stands.
