Prosecutors Accused of Exaggerating FTX Founder’s Access to Defense Material
In a recent memo, attorneys representing FTX founder Sam Bankman-Fried have claimed that prosecutors are exaggerating the level of access he has to defense material. The memo, signed by defense attorney Mark Cohen, highlights Bankman-Fried’s ongoing struggle with limited internet access while being held in a cell block at the Southern District of New York courthouse.
According to the defense team, Bankman-Fried has not been provided with the extensive air-gapped computer access that the Department of Justice previously stated he would have. They argue that his Sixth Amendment rights are being violated and have made attempts to secure his temporary release or obtain greater computer access for him to work on his defense. However, prosecutors have countered these claims, asserting that Bankman-Fried has had access to defense materials since his bail was revoked last month.
Earlier this week, the Department of Justice filed a letter stating that Bankman-Fried now has access to multiple hard drives containing defense material, as well as an air-gapped laptop and an internet-enabled laptop with a new battery, all provided by the defense. However, the defense attorneys argue that this plan is not practical and fails to address the internet access problem in the cell block.
In response to the DOJ’s filing, Judge Lewis Kaplan ordered Bankman-Fried’s team to specify inaccuracies in the plan. In their letter on Friday, the defense detailed the issues they encountered, including poor internet speeds that prevented Bankman-Fried from loading more than a single document during a five-hour period. They expressed concern that without proper internet access, Bankman-Fried cannot adequately review and search important documents before trial, hindering his ability to prepare for the case.
Furthermore, the defense emphasized that Bankman-Fried has not been given the full amount of time promised to use an air-gapped computer, adding that nearly a month has passed since his remand, resulting in lost preparation time for trial. They respectfully requested the court to order Bankman-Fried’s temporary release.
The ongoing legal battle surrounding Bankman-Fried’s access to defense material continues to unfold, with both sides presenting their arguments. As the case progresses, the defense team remains determined to address the limitations they believe are impeding their client’s ability to prepare for trial effectively.
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