Overview
- A three-judge Second Circuit panel in Manhattan is hearing brief oral arguments today on whether Sam Bankman-Fried’s 2023 trial denied him a fair proceeding.
- Defense attorney Alexandra Shapiro argues Judge Lewis Kaplan’s rulings—especially requiring Bankman-Fried to preview his testimony outside the jury’s presence—unfairly advantaged prosecutors and curtailed key defenses.
- The appeal also challenges jury instructions, limits on an advice-of-counsel theory, and restrictions on presenting an FTX solvency narrative, with the defense seeking a new trial before a different judge.
- Prosecutors defend the verdict, saying the trial was fair and contending the preview could have improved Bankman-Fried’s testimony, with no legal error shown merely by the lack of precedent for the procedure.
- A decision is pending; parallel reporting highlights uneven creditor recoveries in the FTX bankruptcy despite sizable asset pools, and separate speculation continues about potential clemency from President Donald Trump.