In a current letter addressed to Choose Lewis Kaplan, attorneys representing FTX founder Sam Bankman-Fried outlined their protection technique, emphasizing the significance of the “counsel recommendation” method.
The letter, dated August 23, 2023, responded to the courtroom’s order directing the protection to handle the federal government’s request for added disclosures associated to the proposed advice-of-counsel protection.
FTX Founder’s Authorized Group Obstructed In Acquiring Key Information?
Bankman-Fried’s authorized staff firmly acknowledged that the federal government isn’t “entitled” to additional info relating to the particular particulars and scope of the proposed protection, nor the proof regarding Bankman-Fried’s reliance on counsel.
Citing authorized precedent, the protection argued that the federal government’s request for such info exceeded its authority underneath well-known guidelines and established case legislation.
Moreover, the protection highlighted their earlier try to receive information from Fenwick & West LLP, exterior counsel for FTX and Alameda, which have been “related” to the conduct alleged within the indictment.
The appliance to compel the federal government to provide these information was denied by the courtroom, leaving the protection unable to acquire precious proof reflecting Fenwick’s authorized recommendation.
Bankman-Fried’s attorneys expressed their frustration on the authorities’s subsequent request for particular paperwork, contemplating the federal government’s function in hindering their entry to the exact same paperwork.
Regardless of the challenges, the protection intends to current proof demonstrating Bankman-Fried’s consciousness of Fenwick attorneys and in-house counsel, together with people like Dan Friedberg, Can Solar, and Ryne Miller, who have been concerned in reviewing and approving choices associated to the issues at hand.
The protection argued that such proof is related to establishing Bankman-Fried’s good religion and rebutting the federal government’s declare of felony intent to defraud.
Reliance On Counsel As Proof Of ‘Good Religion’
Authorized consultants cited the case of Howard v. Securities and Change Fee (SEC), the place reliance on counsel was thought-about proof of “good religion” somewhat than a proper protection.
The FTX founder protection drew parallels to this case, emphasizing the significance of Bankman-Fried’s consciousness of counsel involvement in issues associated to the fees towards him.
Whereas the record supplied within the letter was not exhaustive, the protection indicated its intent to elicit comparable proof primarily based on the federal government’s disclosures and the proof introduced at trial.
They asserted that these extra disclosures have been adequate to place the federal government on discover of the character and scope of the reliance proof they supposed to current.
Bankman-Fried’s authorized staff has strategically revealed their protection technique in response to the courtroom’s order and the federal government’s request for added disclosures. Because the trial unfolds, the courtroom will witness the protection’s efforts to emphasise Bankman-Fried’s reliance on counsel and problem the federal government’s allegations of felony intent.
FTX Founder Bankman-Fried is confronted with 12 felony counts, the fees of which shall be divided between two separate trials. The primary trial is slated to begin in October 2023, whereas the second trial is scheduled for March 2024.
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