Jun 28, 2023 08:45
The federal
judge overseeing the case against FTX Founder Sam Bankman-Fried has now
rejected all pre-trial motions filed by his legal teams to dismiss 10 of the 13 criminal
charges against him. Judge Lewis Kaplan of the District Court in New York, who earlier denied three of the motions, has now struck out the rest,
saying they are “either moot or without merit.”
Judge Slams
Bankman-Fried’s Motions
In December
last year, Bankman-Fried was arrested in the Bahamas over the collapse of FTX and was subsequently extradited
to the United States on eight count charges of wire fraud and conspiracy to
commit wire fraud against FTX’s customers and sister trading firm Alameda’s
lenders. He was also charged with conspiracies to commit commodities and
securities fraud as well as violating money laundering and US federal campaign
finance laws.
However, in
a superseding indictment unveiled in February, US prosecutors slammed
Bankman-Fried with additional four charges: substantive commodities and
securities fraud, conspiracy to commit bank fraud and operation of an
unlicensed money transmitting business. An additional charge filed in March accused
the FTX Founder of bribing Chinese
officials in 2021,
thereby violating the Foreign Corrupt Practices Act. These
moves raised the count of charges to 13.
Reacting to the developments, Bankman-Fried’s
lawyers in May filed
several pre-trial motions to dismiss all charges but three: conspiracy to
commit commodities and securities fraud and conspiracy to commit money
laundering. Alternatively, they asked the court to separate the charges from
the former FTX CEO’s first trial billed for early October.
Judge
Defends Position
In
mid-June, Judge Kaplan rejected three of the motions and ruled
that extra charges slapped on Bankman-Fried after his
extradition to the US should be set aside from his upcoming trial. On Tuesday, the judge further ruled out the rest of the motions.
“Dismissal
of charges is an ‘extraordinary remedy’ reserved only for extremely limited
circumstances implicating fundamental rights,” Judge Kaplan wrote in a 41-page ruling defending his decision.
“The Second Circuit has deemed dismissal an ‘extreme sanction’ that has been
upheld ‘only in very limited and extreme circumstances,’ and should be
‘reserved for the truly extreme cases,’ ‘especially where serious criminal
conduct is involved.’”
Bankman-Fried
has pleaded
not guilty to all the charges slammed on
him. On the
contrary, two top associates of the FTX Founder, Caroline Elision, Alameda Research’s former CEO, and Zixiao (Gary) Wang, Alameda Research and FTX’s Co-Founder, pled guilty in December to criminal charges filed by US prosecutors.
Meanwhile,
FTX, which filed for bankruptcy
protection in November,
is still undergoing court proceedings in the District of Delaware. This is even as the new management of the bankrupt crypto exchange disclosed yesterday (Monday) that they have recovered $7 billion out of $8.7 billion owed to
customers.
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This article was written by Solomon Oladipupo at www.financemagnates.com.
World Crypto Global
