There are new developments in the FTX court ruling. The founder SBF said that he suffered many unfair treatments in the previous judgment process. He recently appealed to the court and accused the New York District Court judge Lewis Kaplan who heard his case of being biased against him, which led to the trial. The process is unfair. He asked that the verdict be quashed and a new trial be held.
Table of Contents
ToggleFaced with scornful and mocking testimony, SBF lawyer questions miscarriage of justice
SBF’s legal team pointed out that during the trial in November 2023, Judge Kaplan made a number of rulings that were not conducive to SBF. The jury finally found SBF guilty of seven counts of fraud and money laundering, and was convicted in March 2024. Sentenced to 25 years in prison.
The appeal documents state that SBF's attorney, Alexandra Shapiro, detailed the judge's biased behavior, noting that Judge Kaplan made "snarky comments" about defense testimony during the trial and even "mockered" SBF's testimony in front of the jury. This time lawyer Shapiro took over the appeal responsibility of SBF, replacing the original trial lawyer team Mark Cohen and Christian Everdell.
Accusing the judge of excluding evidence favorable to SBF and making wild assumptions about the defense
SBF lawyers stated that the judge excluded key evidence presented by the defense during the sentencing process, especially evidence regarding the asset status of FTX and Alameda, and prevented SBF from telling the jury that FTX’s customers did not ultimately suffer a loss of funds because these funds were expected to Able to be repaid during the bankruptcy process.
The lawyer said: "The court gave a false statement, which made the jury think that the money of FTX users, lenders and investors had disappeared forever, but in fact the jury did not see the whole story at all."
In addition, SBF's lawyer Shapiro also accused the judge of making errors in his instructions to the jury, especially by speculating on SBF's claims. The judge told the jury, "Does it matter whether SBF thinks the client will lose money in the end? It doesn't matter." Shapiro said: "This makes it easier for the prosecutor to prove the motive of the crime!"
Suspicion of government collaboration with bankruptcy team, questioning tens of billions of dollars in forfeiture orders
The legal team also accused the government of working too closely with the legal team that took over FTX's bankruptcy, preventing SBF from obtaining evidence that would be beneficial to itself. The document states that Judge Kaplan rejected the SBF's request for an investigation or hearing, thereby ensuring that the FTX bankruptcy management team effectively became a "helper" for the prosecution.
SBF lawyers also criticized the court's $11 billion confiscation order as "illegal and unconstitutional" because the relevant legal provisions do not support the confiscation of such a large amount. The lawyer also pointed out that several former colleagues of SBF, including Caroline Ellison, Nishad Singh, Gary Wang and Ryan Salame, had testified against SBF in court and admitted their own fraud crimes. Salame had been sentenced in May 2024. 7.5 years in prison.
The defense lawyer also emphasized that FTX’s bankruptcy management team finally successfully recovered the assets, which proved that the exchange was not unable to pay back the money. It is also believed that SBF was forced by the bankruptcy team and law firm Sullivan & Cromwell to file for bankruptcy early.
Based on the above-mentioned multiple unfair judgments, SBF's legal team requested the court to revoke the original judgment and transfer it to another judge for a retrial to ensure that SBF can obtain a fair judgment.
( FTX Claim Tax Registration Steps Tutorial for Lazy Guys: Step 7 Allocation - Tax Requirements )
