Sam Bankman-Fried’s renewed motion for reconsideration was denied. The judge: The claims of new evidence are baseless

On April 28, in a court order, U.S. District Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York formally denied Sam Bankman-Fried (SBF), the former FTX CEO and co-founder, his motion for a retrial, ruling that his claims regarding new evidence were “baseless on multiple independent and sufficient grounds.” On the same day, Kaplan also denied SBF’s request to withdraw his motion.

Judge Kaplan’s point-by-point rulings on the new evidence claims

According to a court order issued by the U.S. District Court for the Southern District of New York on Tuesday, SBF argued that three former FTX executives could provide new testimony favorable to the defense, including: Ryan Salame, the former co-CEO of FTX Digital Markets; Daniel Chapsky, the former head of data science at FTX; and Nishad Singh, the former engineering executive who, under the plea agreement, was accused of SBF during the trial. SBF claimed that the above individuals did not testify in court or turned to accusing him due to threats from the government.

In the order, Judge Kaplan rebutted each of the above claims one by one:

“Newly discovered” was rejected: “None of the witnesses is ‘newly discovered.’ Bankman-Fried had known these three people well before trial, and knew what he wanted them to say if they were called to testify.”

No responsibility to force testimony: “He could have obtained it or at least tried to compel them to testify, but he did neither.”

Government threats claims were ruled invalid: “This allegation is pure conspiracy theory and contradicts the record entirely.”

Judge Kaplan also criticized SBF for relying on his interviews with author Michael Lewis and commentator Tucker Carlson as a basis, ruling that the so-called “facts” allegedly cited by Bankman-Fried are “not only familiar, but have been seen time and again, and more than once.”

SBF’s motion to withdraw and the current state of the appeal

According to an order from the U.S. District Court for the Southern District of New York, SBF told Judge Kaplan that he did not believe he would “receive a fair hearing on this issue in front of you,” and asked that a different judge be assigned to handle the motion. Judge Kaplan denied that request to withdraw.

SBF first filed the motion for a retrial on his own in February of this year without consulting an attorney. He took this rare procedural step while the current appeals were still ongoing, and the motion also accused the U.S. Department of Justice (DOJ) of withholding information. According to publicly available information from the court, SBF’s appeal regarding his conviction and sentence is still being considered by the U.S. Court of Appeals.

SBF’s conviction, sentence, and the status of related cases

According to publicly available court records, in November 2023, a New York jury found Sam Bankman-Fried guilty on seven criminal counts, including fraud against FTX customers, lenders, and investors. During the trial, prosecutors said that SBF orchestrated what could be “the largest fraud scheme in nearly a decade,” and compared it to the Bernie Madoff Ponzi scheme mastermind. In early 2024, Judge Kaplan sentenced SBF to 25 years in prison. SBF is currently being held at the federal prison in Lompoc, California.

In related cases, Ryan Salame was sentenced in May 2024 to 90 months in prison for conspiracy to violate campaign finance laws and for unlawful money transfers. According to reports in the public media, SBF had sought a pardon from U.S. President Donald Trump, and Trump said he had no plan to grant a pardon.

Frequently asked questions

When was SBF’s motion for a retrial denied? What reasons did the judge give?

According to the order issued by Judge Kaplan of the U.S. District Court for the Southern District of New York on Tuesday, the judge ruled that SBF’s three so-called “new witnesses” were not newly discovered people whom he did not know before trial. The court said SBF had legal means to compel their testimony but did not take action, and that his claims about government threats were “pure conspiracy theory and contradict the record entirely.”

What is the current status of SBF’s appeal case?

According to publicly available court information, SBF’s appeal regarding his 25-year sentence and conviction, handed down in early 2024, is still being reviewed by the U.S. Court of Appeals. The denial of this motion for a retrial does not affect that appeal process.

What was Ryan Salame’s role in this case and what sentence did he receive?

Ryan Salame was the former co-CEO of FTX Digital Markets, and SBF claimed he could provide new testimony favorable to the defense. According to publicly available court records, Salame pleaded guilty in May 2024 and was sentenced to 90 months in prison for conspiracy to violate campaign finance laws and unlawful money transfers.