Before his October trial, U.S. prosecutors filed a motion to revoke FTX founder Sam Bankman-Fried’s bond and send him to prison on the grounds that he has frequently attempted to sway witness evidence and that his bail terms are insufficient to safeguard the public.
Following up on their declaration on Wednesday that they were “seeking detention” for Bankman-Fried after he gave the New York Times access to the diaries of former Alameda Research CEO Caroline Ellison, prosecutors with the Department of Justice submitted a written filing to a federal judge on Friday.
According to the DOJ petition, Bankman-Fried’s release of Ellison’s writings constitutes an attempt by him to harass her in order to either thwart or somehow sway her testimony in court.
The filing stated that “the defendant’s leak of Ellison’s private writings is yet another instance of the defendant trying to intimidate and corruptly persuade Ellison with respect to her upcoming trial testimony, as well as an effort to influence or prevent the testimony of other potential trial witnesses by creating the spectre that their most intimate business is at risk of being reported in the press.”
Despite having the legal right to publicly defend himself, as Bankman-Fried’s lawyer Mark Cohen claimed he was attempting to do in his interview with the New York Times, the DOJ claimed that his disclosure of the journal information went beyond merely offering a fair response.
What the defendant “may not do, and what he has now repeatedly done, is seek to corruptly influence witnesses and interfere with a fair trial through attempted public harassment and shaming,” according to the complaint.
Judge Lewis Kaplan of the District Court for the Southern District of New York issued an order to the prosecution and defence during a recent hearing to prepare official paperwork regarding the DOJ’s decision to hold Bankman-Fried. The defence has till Tuesday to answer. Trial for Bankman-Fried is scheduled to start on October 2, 2023.