Sam Bankman-Fried pulls motion for a new trial, still asks for new judge

Former FTX CEO Sam Bankman-Fried, serving a 25-year sentence for his role in misusing user funds at the crypto exchange, has dropped a motion in federal court requesting a new trial for his criminal case, but still has a pending appeal of his conviction and sentence.

In a Wednesday filing in the US District Court for the Southern District of New York, Bankman-Fried responded to a March 23 letter from Judge Lewis Kaplan ordering the former FTX CEO to answer whether he received any assistance from lawyers for a pro se motion -- a filing on his own behalf without an attorney. Kaplan’s order followed US prosecutors raising doubts whether the convicted company founder filed for an extension of his request for a new trial by himself in March, just a few days after his mother, Barbara Fried, though lacking standing, sent a letter to the court on her son’s behalf.

“I am the author of this letter, but did consult with my parents about it, since it concerns both of them,” said Bankman-Fried, referring to an extension to file for a Rule 33 motion for a new trial, adding:

“As I have had to focus on responding to these questions rather than drafting a response to the prosecution's opposition, and because I do not believe I will get a fair hearing on this topic in front of you, I am now requesting to withdraw the Rule 33 motion, without prejudice to renewing it after my direct appeal and the related request for reassignment have been ruled upon.”

Letter from Sam Bankman-Fried, made public on Wednesday. Source: Courtlistener

Bankman-Fried requested in February that a different judge rule on his motion for a new trial, claiming that Kaplan showed “extreme prejudice.” He also awaits a decision on his appeal of his conviction and sentence in the US Court of Appeals for the Second Circuit. Neither filing was apparently affected by Bankman-Fried’s letter, posted to the public docket on Wednesday.