Sam Bankman-Fried wanted a second chance in court. Prosecutors just made clear that it isn’t happening.
Federal prosecutors filed a court response on Wednesday opposing the FTX founder’s request for a retrial, arguing he has not shown his 2023 conviction was unfair.
SBF’s February filing, submitted by his mother because he is representing himself from prison, cited two former FTX executives, Daniel Chapsky and Ryan Salame, as witnesses whose testimony could have changed the outcome of his trial.
Prosecutors rejected that. Both men were “fully known to the defense before trial,” they wrote, and could have been called at the time.
“The defense’s decision not to put the witnesses on his witness list or compel their testimony forecloses any claim that their post-trial views are newly discovered.”
SBF also argued his prosecution was an example of Biden-era DOJ weaponization. Prosecutors called the argument “incoherent” and “fanciful,” pointing out that he was one of the largest Democratic donors in 2020 and 2022, and that his campaign finance crimes were tied directly to those contributions.
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Bankman-Fried is currently serving his 25-year sentence at a federal correctional institution in California. His separate appeal at the Second Circuit is still pending, though judges were skeptical when arguments were heard last November.
Caroline Ellison, SBF’s former girlfriend and key prosecution witness, has already been released after 440 days in custody. A Trump pardon was also ruled out by the White House.
Judge Lewis Kaplan has yet to rule on the new trial motion.
The case is US v. Bankman-Fried, 22-cr-00673, US District Court, Southern District of New York.
Sam Bankman-Fried requested a retrial claiming testimony from former FTX executives could have changed the verdict, arguing the court did not fully consider key evidence.
Sam Bankman-Fried is serving a 25-year federal prison sentence after his 2023 fraud conviction linked to the FTX collapse, while his appeal and retrial request continue in court.
The judge must decide on the retrial request. If denied, Bankman-Fried will rely on his appeal, which could review whether legal errors affected the trial outcome.
Legal experts say the conviction is difficult to overturn. Future developments will likely depend on the appeal process and whether higher courts find trial errors.
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