| FTX
Bankman-Fried
From Palo Alto
Complains
About
Discovery From
Ellison Laptop
By Matthew
Russell Lee, Patreon
Maxwell
book
SDNY COURTHOUSE,
June 5 –
Sam
Bankman-Fried
of FTX was
indicted in
the U.S.
District Court
for the
Southern
District of
New York,
leading to his
arrest in the
Bahamas on
December 12, and
extradition to
the US on
December 21.
On
February 28,
with
Bankman-Fried free
on bond, FTX's
Nishad Singh pleaded
guilty to six
criminal
charges. Inner
City Press put the
charging document
on its DocumentCloud
here.
On
March 10,
Judge Kaplan
held a
proceeding. Inner
City Press was
there and
live tweeted,
thread here.
On
March 27, Bankman-Fried's
lawyers filed
a sealed
version of
conditions it
said DOJ agreed to -
adding that
"the Government does
not object to
the sealing
request." Full
letter on Patreon here.
On
May 8,
SBF's
lawyers wrote
in to
Judge Kaplan,
as he presided
over closing
arguments in
Carroll v.
Trump:
"Samuel
Bankman-Fried
hereby moves
through his
counsel as
follows:
Pretrial
Motion No. 1:
Motion to
dismiss Counts
9, 10, 12 and
13 pursuant to
the rule
of
specialty, or
in the
alternative,
for disclosure
of
additional
discovery from
the Government
pursuant to
Fed. R.
Crim. P.
16(a)(1)(E)(i);
Pretrial
Motion No. 2:
Motion to
dismiss Counts
7-9 and 1-2
pursuant to
Fed. R.
Crim. P.
12(b)(3)(B)(v)
for failure to
state an
offense for
failure
to
allege a valid
property
right;
Pretrial
Motion No. 3:
Motion to
dismiss Counts
3-4 and 10
pursuant to
Fed. R.
Crim. P.
12(b)(3)(B)(v)
for failure to
state an
offense;
Pretrial
Motion No. 4:
Motion to
dismiss Counts
12-13 pursuant
to Fed. R.
Crim P.
12(b)(3)(B)(v)
for failure to
state an
offense, and
to
dismiss
Count 13
pursuant to
Fed R. Crim.
P.
12(b)(3)(A)(i)
for improper
venue or in
the
alternative,
to sever
Counts 12-13
pursuant to
Fed. R. Crim.
P.
12(b)(3)(B)(iv)
&
12(b)(3)(D)."
Full letter on
Patreon here.
On May
23, Judge Kaplan
set June 15
for the
argument: "Reset
Hearing Time
as to Samuel
Bankman-Fried:
Oral Argument
regarding DI
136 set for
6/15/2023 at
10:30 AM in
Courtroom 21B,
500 Pearl
Street, New
York, NY 10007
before Judge
Lewis A.
Kaplan."
On May
30, Bankman-Fried asked
for a subpoena to
get
information
from the
Fenwick &
West law firm,
including
"Attachment 3:
SDNY_03_00054152
(“Confer with
Silvergate;
prepare
material;
regulatory
advice on
foreign
jurisdictions”)."
Full request
on Patreon here.
On June 5, SBF
complained
about
discovery -
while Miles
Guo was asking
to get
access to any
laptop.
SBF's lawyers wrote,
"The
Government has
now missed
several
discovery
deadlines that
it offered to
the Court by a
month or more.
At the
conference on
March 10,
2023, the
Government
stated that it
would produce
by the end of
March the
contents of
the five
remaining
electronic
devices:
Caroline
Ellison’s
laptop and
iPhone
(Devices D and
E), Gary
Wang’s laptop
(Device B),
and the
contents of
two laptops
provided by
two FTX
software
developers
(Devices A and
C). See Tr. of
3/10/2023
Conf. at
5:13-9:10. At
the conference
on March 30,
2023, the
Government
revised this
schedule
promising that
it would
finish
producing the
contents of
the five
electronic
devices by the
first week of
April, except
for Gary
Wang’s laptop
which it
represented
would be
produced by
the end of
April. See Tr.
of 3/30/2023
Conf. at
5:20-8:24. The
Government
also promised
at both the
March 10th and
March 30th
conferences
that it would
produce the
voluminous
documents
obtained from
a search
warrant for 30
different
Google
accounts (the
“Google Search
Warrant
Documents”) by
the end of
April. See Tr.
of 3/10/2023
Conf. at
9:13-12:07;
Tr. of
3/30/2023
Conf. at 8:25-
9:17. The
Government has
failed to meet
these
deadlines." Full
letter on
Patreon here.
More with
analysis on Substack
here
***
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