Judge Lewis Kaplan ordered the government to respond to Bankman-Fried's counsel concerning appropriate access to discovery materials, as well as a request barring prosecutors from using new evidence.
A federal judge will hear Sam Bankman-Fried's defense argument against a newly released batch of evidence provided by the U.S. Department of Justice (DoJ) on Aug. 25. According to Bankman-Fried's attorneys, an additional 4 million pages of discovery were released less than six weeks before his trial, scheduled for October 3.
Judge Lewis Kaplan issued an order on Aug. 26 requesting the government to respond to letters from the Bankman-Fried's legal team regarding his appropriate access to discovery materials, as well as a request to prevent the government from using evidence produced after July 1.
According to Bankman-Fried's attorneys:
"We further object to the Government’s production, just yesterday, of an additional 4 million pages of discovery. The Government cannot be allowed to dump millions of pages on the defense less than six weeks before trial, [...] For the reasons already discussed in our motions in limine, ECF No. 206, the Government should be precluded from using any such evidence at trial."
Today's decision allows Bankman-Fried's legal counsel to present its arguments in a videoconference hearing on Aug. 30.
Bankman-Fried is accused of misappropriating user funds for investments, personal expenses, and political campaign donations. A total of 12 criminal counts have been laid against the former FTX CEO, to be heard in two trials beginning in October 2023 and March 2024.
Earlier this week, Bankman-Fried pleaded not guilty to fraud and money laundering charges levied in an updated indictment by prosecutors. During the hearing, his lawyers argued for better treatment for him in Brooklyn's Metropolitan Detention Center, where he has been since his bail was revoked on Aug. 11.
According to his attorneys, Bankman-Fried has been forced to rely on a diet of bread, peanut butter and water due to the lack of vegan options provided by the prison. His counsel also raised concerns regarding his medical needs, sharing that he has not received his medication since being jailed.