Sam Bankman‑Fried told a federal court this week he doesn’t expect a fair hearing from the judge overseeing his criminal case — and pulled his request for a new trial as a result.
In a letter filed Wednesday in the U.S. District Court for the Southern District of New York, the former FTX CEO formally withdrew his Rule 33 motion, which sought a new trial after his 2023 conviction on fraud and related charges tied to FTX’s collapse. He withdrew the motion without prejudice, meaning he can refile it later after his appeal and a separate bid to have a different judge assigned are resolved.
Why he withdrew
- Judge Lewis Kaplan had ordered Bankman‑Fried to explain whether others helped him draft an earlier pro se filing (a document submitted without lawyers). Prosecutors questioned whether the filing was really authored by Bankman‑Fried after his mother, Barbara Fried, sent a separate letter to the court despite having no legal standing.
- In his response, Bankman‑Fried acknowledged consulting his parents while drafting the pro se submission but said he was the “ultimate author of the documents.”
- He said responding to the court’s questions diverted time from preparing a fuller opposition to prosecutors on the new‑trial motion, and reiterated that he expects Judge Kaplan would not afford a fair hearing — a concern he cited as part of his decision to withdraw the motion for now.
Ongoing litigation and remedies
- The request to have Judge Kaplan removed — filed in February, accusing the judge of “extreme prejudice” — remains pending.
- Bankman‑Fried’s appeal of his conviction and his 25‑year sentence is also pending before the U.S. Court of Appeals for the Second Circuit.
- He is currently incarcerated at the Federal Correctional Institution in Lompoc, California.
Political angle and pardon speculation
- Outside court, Bankman‑Fried has signaled interest in a presidential pardon, publicly praising President Donald Trump’s crypto policies and the administration’s military actions in Iran. Trump, however, told The New York Times in January he had no plans to pardon the convicted FTX founder.
Context
At its peak, FTX was one of the world’s largest crypto exchanges; Bankman‑Fried, now 32, was convicted in 2023 for his role in its dramatic collapse. His legal strategy now includes parallel tracks — withdrawing and reserving his Rule 33 motion, pursuing recusal of the trial judge, and continuing appeals — leaving the timing and venue for any renewed bid for a new trial uncertain.
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