A federal judge will hear arguments from Sam Bankman-Fried’s lawyers regarding 4 million pages of new evidence recently provided by prosecutors.
Judge Lewis Kaplan ordered the government to respond to letters from SBF’s counsel concerning appropriate access to discovery materials.
The defense team argues the DOJ should be barred from using the late-disclosed evidence at the October trial. They say the massive document dump less than two months before proceedings is unfair.
But the judge will give both sides a chance to argue their stance in an upcoming hearing. The high-profile case continues advancing toward the scheduled court date.
Mounting a Defense
According to SBF’s attorneys, the government produced 4 million additional pages of discovery on August 24, just six weeks prior to the October 3 trial start.
They objected to the volume of new materials so close to proceedings, stating: “The Government cannot be allowed to dump millions of pages on the defense less than six weeks before trial.”
The defense requested prosecutors be prohibited from using the evidence. They previously sought to exclude materials disclosed after July 1 in a motion.
Judge Kaplan agreed to hear arguments on the matter at an August 30 videoconference. This allows SBF’s team to detail their objections.
The government will respond with its perspective on appropriate evidence and discovery access. Both sides aim to gain favorable rulings in the run-up to trial.
Fraud and Misappropriation Charges
SBF was arrested in December 2022 on allegations he misused FTX customer funds for political donations, real estate, and other unauthorized purposes.
Prosecutors leveled eight criminal counts against him at the time. But a superseding indictment in January increased the tally to 12 charges.
He pleaded not guilty during an arraignment last week. But if convicted, he could face up to 115 years in prison on the fraud, conspiracy and money laundering allegations.
SBF has been held without bail since a judge revoked his $250 million bond early this month. The October proceedings will be the first of two trials, with a second scheduled for March 2024.
