Sam Bankman-Fried and his legal team reviewed the decisions FTX's lawyers made as CEO and cannot be found guilty of approving them, the judge presiding over the disgraced founder's upcoming criminal trial ruled over the weekend — at least initially.
as if 10 page note In a release on Sunday, Judge Louis Kaplan granted a prosecutor's request to bar such a move, ruling that any “advice of counsel” defense cannot be included in the defense's opening statements. To make his own decision, Kaplan wrote that allowing the argument runs the risk of second-guessing the jury from the start.
“In light of the foregoing, the confusion and unfair prejudice to the government would have focused on the presence or involvement of FTX and Alameda's attorneys,” Kaplan said.
Prosecutors He was first taken to the bar SBF argued in an Aug. 29 filing that the defense should not be allowed without a clear connection to the alleged offense, instead of using the “advice of counsel” strategy. The move follows indications that the SBF may be passing the blame onto law firm Fenwick & West, which FTX advised during its tenure.
In the “advice of counsel” defense, SBF's attorney argues that he did not intend to violate any law because his attorneys at the time assured him that he was within the legal bounds of FTX's departure.
Lawyers He said earlier Decrypt Any “advice of counsel” argument requires a lot of documentation to be successful. However, Judge Kaplan ruled it out. Order Denying SBF access to those documents in June.
Another line of defense has been overwhelmed, making Mogach's options to defend himself at trial even more limited. If convicted, SBF could face decades in prison on charges of wire fraud, money laundering and illegal political donations.
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