The legal trial of former FTX CEO Sam Bankman-Fried (SBF) is presently underway in New York, and his authorized staff has filed motions aiming to ban testimony from customers and traders within the alternate.
In separate Oct. 2 filings in United States District Court docket for the Southern District of New York, SBF’s legal professionals opposed pre-trial motions from prosecutors requesting FTX prospects and traders testify concerning how they believed the cryptocurrency alternate would deal with belongings. Additionally they sought to dam the testimony of a former FTX consumer — an unnamed Ukrainian nationwide — utilizing a “reside two-way video” partly on Sixth Modification grounds.
“Selections on particular testimony from particular witnesses regarding their particular person understanding of particular statements or elements of their relationship with FTX or Mr. Bankman-Fried can’t be determined within the summary,” stated the submitting on FTX consumer testimony.
In line with SBF’s authorized staff, prosecutors have been attempting to “have it each methods” by blocking comparable witnesses proposed by the protection as to what they understood about how FTX would deal with their funds. Protection legal professionals described the movement as “untimely”, arguing the topic was a matter for the jury to judge.
“[T]he Authorities seemingly desires proof concerning how prospects (and different putative victims) understood the connection they selected to enter with FTX to be admissible provided that supplied by the Authorities however excluded if supplied by the protection.”
Legal professionals additionally argued permitting the Ukrainian witness’ testimony “would apparently reference hardships and particular person circumstances created by the Russian invasion of Ukraine” and “elicit the jury’s sympathy and outrage”. The Russian navy invaded Ukraine in February 2022 and lots of areas of the nation have confronted the fixed menace of assault since that point, making worldwide journey tough.
“Courts routinely exclude related proof which may elicit sympathy amongst jurors unrelated to the information of the case,” stated the legal professionals. “[T]he circumstances underneath which [the Ukrainian user] would testify and the explanation for his absence from the courtroom would themselves be prejudicial […] Jurors would inevitably speculate about why a Ukrainian nationwide (and no different witness) is testifying by video, and the obvious solutions would nearly actually provoke ‘sympathies having no bearing on the deserves of the case.’”
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The motions have been filed hours earlier than jury choice for Bankman-Fried’s legal trial was scheduled to start in New York Metropolis. On the time of publication, Decide Lewis Kaplan was questioning potential jurors on any conflicts they could have which stop them from serving within the trial, anticipated to final by way of November.
Since Kaplan revoked Bankman-Fried’s bail in August, the previous FTX CEO has been largely confined to jail regardless of a number of unsuccessful makes an attempt by his legal professionals for momentary launch. He’ll face two legal trials in October 2023 and March 2024, for which he has pleaded not responsible to all 12 legal costs associated to alleged fraud at FTX and Alameda Analysis.
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